Uzbekistan Constitutional Court rules 48-hour detention limit cannot be exceeded without court order

September 25, 2026 at 05:51 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, 2026 that provisions of the Administrative Liability Code allowing detention for 3 or 10 days without a court order violate Article 27 of the Constitution. The ruling stems from an ombudsman appeal citing six complaints in 2025–2026 about administrative detention exceeding 48 hours. The court found that prosecutor notification or sanction cannot replace a judicial decision.

Key Facts

The Constitutional Court of Uzbekistan ruled on September 22, 2026 that administrative detention beyond 48 hours without a court order is unconstitutional.
The ruling invalidates provisions of Article 288 of the Administrative Liability Code that allowed detention for up to 3 days, or 10 days with prosecutor's sanction for persons without identity documents.
The ombudsman's appeal cited six complaints from citizens in 2025–2026 about administrative detention exceeding 48 hours.
The court's decision is final, not subject to appeal, and enters into force on the day of official publication.

Constitutional Guarantee

Article 27 of Uzbekistan's Constitution states that arrest, detention, and imprisonment are permitted only by court decision. The same article prohibits holding a person for more than 48 hours without a court order. The Constitutional Court noted that the Administrative Liability Code's 3-day and 10-day detention periods exceeded this 48-hour limit. The court also found that the code provided no mechanism for obtaining a court order when detention beyond 48 hours was necessary.

Ombudsman Appeal

The case was initiated by the Oliy Majlis Human Rights Commissioner (Ombudsman). The appeal recorded six complaints from citizens in 2025–2026 regarding administrative detention exceeding 48 hours. The contested provision of Article 288 allowed detention for up to 3 days with written notification to the prosecutor within 24 hours. For persons without identity documents, detention could be extended to 10 days with prosecutor's sanction.

Legal Consequences

The Constitutional Court's decision is final and cannot be appealed. The ruling enters into force on the day of official publication. The provision found unconstitutional ceases to have effect immediately. The Oliy Majlis must now bring the Administrative Liability Code into conformity with Article 27 of the Constitution.