Judicial mistake in Khorezm keeps innocent man in prison for 207 days

In Uzbekistan’s Khorezm region, a citizen was unlawfully detained in a correctional facility for eight months due to a grave judicial error. Kun.uz reviewed the supervisory instance’s decision.

Rustam Khujaniyazov and three others were accused of stealing oil from a store. They were detained in October 2023 and placed in custody.

On March 29, 2024, the Urgench City Criminal Court found Khujaniyazov guilty under Article 169, Part 3, Clause “a” of the Criminal Code (theft committed repeatedly or by a dangerous recidivist) and sentenced him to three years in prison.

On May 3, 2024, the appellate instance upheld the verdict unchanged.

However, on July 22, 2024, the supervisory instance of the Khorezm Regional Court overturned Khujaniyazov’s conviction, declaring him not guilty due to the absence of criminal elements in his actions. The criminal case against him was terminated.

The ruling noted that materials related to administrative liability under Article 61, Part 1 of the Administrative Code were forwarded to the Internal Affairs Department. However, the judges failed to include in the decision the cancellation of the custody measure and Khujaniyazov’s immediate release, resulting in his unjust detention for 207 days in a penal colony.

Neither Khujaniyazov nor his relatives were aware of his acquittal, as the ruling also denied his appeal for a lighter sentence.

The press service of the Supreme Judicial Council informed Kun.uz that an internal investigation confirmed the judicial error. Disciplinary measures in the form of reprimands were imposed on the three judges who handled the case in the supervisory instance. Ulugbek Bakdurdiyev was relieved of his position as deputy chairman of the Khorezm Regional Court and head of the criminal cases panel, following his resignation.