Uzbekistan Proposes Administrative Penalties for First Extremism Offenses

Tashkent, Uzbekistan (UzDaily.uz) — Uzbekistan is proposing changes to the liability framework for a number of offenses involving the production, possession and distribution of materials containing extremist content. For certain offenses committed for the first time, administrative rather than criminal liability could be applied, 

The relevant law was considered and approved by the Senate of the Oliy Majlis at its 18th plenary session. The document introduces amendments to the Criminal Code, Code of Administrative Responsibility and other legislative acts.

Under the new provisions, administrative liability will apply to a number of violations when they are committed for the first time.

These include producing materials containing ideas of extremism, separatism or fundamentalism, possessing such materials with the intention of distributing them, as well as producing and possessing attributes or symbols of extremist and terrorist organizations for subsequent distribution or display.

If such an act is committed again after an administrative penalty has been imposed, criminal liability will apply.

The Senate said the new approach is aimed at protecting the rights of citizens who have committed such violations, while creating conditions for their return to law-abiding behavior and resocialization.

The law also provides for the possibility of exempting from criminal liability individuals involved in possessing or distributing materials that pose a threat to public security and order. To qualify, individuals must promptly report their actions to the authorities and actively assist in preventing serious consequences. Exemption is possible provided that their actions do not constitute another crime.

Other amendments concern liability for activities involving extremist, separatist, fundamentalist and other prohibited organizations. The proposed legislation would differentiate sanctions depending on the nature of participation.

Participation in such organizations would carry less severe penalties than establishing or leading them.

The law also proposes replacing the term “religious extremism” with “extremism.” The Senate explained that this would remove the association of extremism with a specific religion and establish a unified legal approach.

At the same time, the definition of “extremism” would be clarified. Instead of general wording that allows for different interpretations, eight specific types of actions classified as extremist activities would be defined. According to the developers of the legislation, this should establish clearer boundaries for applying the relevant provisions.

The document also provides for additional preventive measures. In particular, special state programs to prevent and counter extremism are to be developed. These programs are expected to be approved by the President of Uzbekistan.

The legislation also provides for the creation of a unified electronic register of extremist organizations and materials.

Particular attention is given to protecting individuals who promptly report extremist activities or threats to law enforcement authorities.

Their personal data must be kept confidential. The legislation also provides for possible state protection measures, as well as financial and moral incentives for such individuals.

Following the discussion, the Senate of the Oliy Majlis approved the law.