Constitutional Court: no detention beyond 48 hours without a court decision — provision of Article 288 of the Administrative Liability Code struck down

Nobody may be detained for more than 48 hours without a court decision, even with notice to or authorisation from a prosecutor. By Decision No. KSQ-8 of 22 September 2026 the Constitutional Court of the Republic of Uzbekistan found part two of Article 288 of the Code of Administrative Liability to be inconsistent with the Constitution.

The case was brought by the Oliy Majlis Commissioner for Human Rights (Ombudsman). The decision was officially published in the National Legislation Database on 25 September.

What the struck-down provision allowed

The provision applied to persons who violated the border regime or the rules at state border crossing points. It allowed them to be held administratively:

• For up to three days — with notice to a prosecutor
• For up to ten days — with a prosecutor's authorisation, if they had no identity documents

The Court's position

The Court pointed out that under part three of Article 27 of the Constitution nobody may be detained for more than 48 hours without a court decision. Notifying a prosecutor or obtaining a prosecutor's authorisation cannot replace the court decision required for detention beyond that period.

The case was prompted by six complaints about detentions longer than 48 hours. The Ombudsman received them in 2025–2026.

Effect of the decision

Decisions of the Constitutional Court are binding on all state bodies. A provision found unconstitutional cannot be applied. The Code will have to be brought into line with the decision.

What this means in practice. If a person is held under administrative procedure and no court decision extending the detention is produced within 48 hours, that is a ground to:

• Demand release
• Challenge the officials' actions before a prosecutor, a court or the Ombudsman

Such a complaint should cite Article 27 of the Constitution and Constitutional Court Decision No. KSQ-8.

Photo: Battlesnake1, Wikimedia Commons (CC0)