Uzbekistan's Constitutional Court rules detentions over 48 hours without court order unconstitutional

September 23, 2026 at 04:15 PM2 min

This digest was compiled by AI from multiple sources — links to the originals are below.

Uzbekistan's Constitutional Court ruled on September 22 that administrative detention beyond 48 hours without a court decision violates the Constitution. The court struck down provisions allowing detention of border regime violators for up to three days, or up to ten days with a prosecutor's sanction if identity documents were absent. The ruling came after the Ombudsman reported six complaints of unlawful detention exceeding 48 hours in 2025-2026.

Key Facts

The Constitutional Court of Uzbekistan ruled on September 22 that detention without a court decision cannot exceed 48 hours.
The court struck down part two of Article 288 of the Code of Administrative Responsibility, which allowed detention of border regime violators for up to three days, or up to ten days with a prosecutor's sanction if identity documents were absent.
The Ombudsman reported six complaints from citizens in 2025-2026 about administrative detention exceeding 48 hours.
Article 27 of the Constitution prohibits holding a person without a court decision for more than 48 hours.

Court Ruling

The Constitutional Court of Uzbekistan examined the constitutionality of part two of Article 288 of the Code of Administrative Responsibility on September 22, 2026. The provision allowed detention of persons who violated the border regime or rules at state border crossing points for up to three days with written notification to the prosecutor. If the person lacked an identity document, the detention period could be extended to ten days with the prosecutor's sanction. The court found that the existing procedure did not require a court decision to extend detention beyond 48 hours, making the three- and ten-day periods unconstitutional. The court emphasized that a prosecutor's notification or sanction cannot replace the court decision required to hold a person for more than 48 hours.

Ombudsman's Appeal

The case was initiated by the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman). The Ombudsman's appeal was based on an analysis of citizens' complaints received in 2025-2026. Six complaints alleged that individuals were unlawfully held in administrative detention for more than 48 hours. The Ombudsman's information service reported the court's decision.