The Right of a Witness to Lodge a Complaint against Actions (Inaction) and Decisions of Officials Conducting Criminal Proceedings

Abstract

In criminal proceedings, the safeguarding of individual rights is fundamental to ensuring fairness and legality. Although witnesses are not direct parties to criminal liability, their procedural rights remain essential for the integrity of justice. In Uzbekistan, the legal framework governing the rights of witnesses to appeal procedural actions and decisions is partially developed. Despite constitutional guarantees and provisions within the Criminal Procedure Code, ambiguities remain regarding the scope, procedure, and mechanisms for a witness to effectively challenge procedural violations by authorities. This article aims to analyze the current legal basis for the witness's right to lodge complaints against actions (or inaction) and decisions of officials in criminal proceedings and to propose necessary amendments for ensuring judicial protection. The study finds that although constitutional and legislative norms allow for complaints, key procedural aspects such as the obligation to register complaints, prohibition against self-review by accused officials, and timely notification of outcomes are either unclear or omitted. The paper proposes a concrete amendment to Article 27 of the Criminal Procedure Code to explicitly include witnesses and detail the procedural framework for submitting and reviewing complaints. Strengthening the legal status of witnesses not only ensures fair trial rights but also reinforces the accountability of legal institutions, thereby enhancing trust in the judicial system.