International Journal of Law And Criminology
10
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue06 2025
PAGE NO.
10-13
10.37547/ijlc/Volume05Issue06-03
Certain Aspects of Ensuring the Rights of Victims and
Witnesses in Criminal Proceedings
Surayyokhon Khusanova Ghaybulla kizi
Student of Fergana State University, Uzbekistan
Received:
11 April 2025;
Accepted:
07 May 2025;
Published:
09 June 2025
Abstract:
This article analyzes certain aspects of ensuring the rights of victims and witnesses during criminal
proceedings. It examines the legal status of victims within the framework of criminal procedural legislation,
including their rights to participate in court hearings, present evidence, file objections, and claim compensation
for damages. The paper also explores issues related to witness protection
—
such as safeguarding their personal
security, protection from pressure or intimidation, and the right to anonymity. It provides a comparative overview
of international practices and discusses challenges observed in national judicial proceedings. Recommendations
are proposed to strengthen the procedural position of victims and witnesses in accordance with modern
approaches and international human rights standards. This research holds significant value for improving the
criminal justice system and ensuring fair trial principles.
Keywords:
Victim, witness, criminal procedural law, legal protection, fair trial, personal security, procedural rights,
court practice, witness protection, international standards.
Introduction:
The criminal justice system plays a crucial
role in ensuring the rule of law, combating crime, and
delivering fair justice in society. In this process, victims
and witnesses participate as key procedural subjects,
and the protection of their rights and legitimate
interests directly influences the fair and transparent
functioning of the judiciary. In particular, it is a
fundamental principle of a legal state that individuals
who have suffered harm as a result of a crime
—
victims
—
are provided with the opportunity to defend
their rights in court, to seek compensation for material
and moral damages, and that witnesses have the
conditions necessary to provide reliable testimony
confirming criminal evidence.
Although the procedural status of victims and
witnesses is clearly defined in the Criminal Procedure
Code of the Republic of Uzbekistan and international
legal standards, in practice, their rights are not always
fully protected. There are instances in court
proceedings where their safety and legal protection are
not adequately ensured. Especially pressing are issues
such as exerting pressure on witnesses, violating their
personal privacy and inviolability, and bureaucratic
obstacles in compensating victims for material losses.
These issues highlight the relevance and urgency of the
topic.
This article presents a scientific-theoretical and
practical analysis of the legal status of victims and
witnesses in criminal proceedings, the practical aspects
of protecting their rights, existing shortcomings, and
possible solutions. Furthermore, based on advanced
foreign experience and international standards, the
study proposes relevant recommendations for
improving Uzbekistan's legislation and judicial practice.
METHODOLOGY
In conducting an in-depth scientific and theoretical
examination of this topic, national and international
sources, current legislative documents, scholarly
articles, and analytical materials related to judicial and
legal practice were used as the foundational basis. In
particular, the Criminal Procedure Code of the Republic
of Uzbekistan, [1] the Universal Declaration of Human
Rights (1948), the International Covenant on Civil and
Political Rights (1966), the European Convention on
Human
Rights,
and
the
United
Nations
recommendations on witness protection were
analyzed as key normative legal sources. Additionally,
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
the resolutions of the Plenum of the Supreme Court of
the Republic of Uzbekistan [2]and materials from
judicial practice in criminal cases served as important
information sources.
In the analysis of academic literature, the works of
national legal scholars in the field of criminal procedure
law
—
such as Kh. Turaquziev, A. Yoqubov, Sh. Yusupov,
and I. Saidov
—
were reviewed, along with the
theoretical perspectives of foreign authors such as G.
Keenan (UK), M. Damaska (USA), N. Amos (Canada),
and others, focusing on the rule of law, the procedural
status of victims, and witness protection systems.
The main methodological approaches employed in the
study include:
•
Analytical approach: A detailed analysis of
legislation and scholarly sources was carried out to
examine the legal status of victims and witnesses and
the mechanisms for their protection.
•
Comparative-legal method: The legislation of
Uzbekistan was compared with the legal practices of
foreign countries such as Germany, France, and the
United States.
•
Systematic approach: Norms concerning the
protection of victims and witnesses were considered as
an integrated part of the criminal procedure system,
with their interrelationships being revealed.
•
Empirical method: Publicly available statistical
data from the Supreme Court, Prosecutor General’s
Office, and legal defense institutions of the Republic of
Uzbekistan were analyzed.
•
Normative-legal analysis: Existing gaps in
legislation were identified and well-grounded
recommendations
were
developed
for
legal
improvement.
RESULTS
During the research process, the legal status of victims
and witnesses in criminal proceedings, the current
mechanisms for protecting their rights, and the
effectiveness of these mechanisms were thoroughly
analyzed, resulting in the following key findings:
Although the procedural rights of victims are
adequately outlined in legislation, their actual
protection in court practice is often not fully ensured.
In particular, bureaucratic and organizational barriers
are observed in the processes of recovering material
and moral damages for citizens harmed by criminal
acts, filing legitimate claims, and securing their
satisfaction in practice.
The national system for ensuring the personal safety
and inviolability of witnesses functions ineffectively.
Specifically, there is a lack of comprehensive legal and
technical measures to counteract pressure, threats, or
intrusions into the private lives of witnesses. The
absence of an independent institution or specialized
programs dedicated to witness protection in judicial
practice highlights the need for a modernized approach
in this area.
Ensuring the reliable and free participation of victims
and witnesses has a direct impact on the fairness and
transparency of criminal justice. Taking their opinions,
testimonies, and evidence into account in court is
essential not only for upholding the law but also for
restoring social justice.
International experience
—
particularly in countries like
Germany, the United States, Canada, and France
—
demonstrates
the
widespread
application
of
mechanisms such as providing state protection for
witnesses, preserving confidentiality, and offering
psychological support. This underscores the necessity
of introducing advanced methods for protecting the
rights of victims and witnesses within Uzbekistan’s
judicial system.
Institutional approaches for enhancing the legal
literacy of victims and witnesses and encouraging their
active participation in the judicial process remain
insufficient. Fostering a culture in which citizens are
aware of their rights and know how to exercise them is
also a critical aspect of the work of law enforcement
and judicial bodies.
Based on these findings, specific recommendations
were developed to enhance the reliable protection of
the rights and interests of victims and witnesses,
increase their procedural engagement in courts, and
implement modern protection mechanisms.
Suggestions
In order to fully ensure the rights and legitimate
interests of victims and witnesses during criminal
proceedings, the following proposals have been
developed:
It is necessary to establish a separate institution for the
protection of witnesses. This institution should be
authorized to ensure the personal safety of witnesses,
facilitate
their relocation,
enable
anonymous
participation in court, provide psychological assistance,
and formalize state guarantees.
The procedure for claiming material and moral
damages by victims should be simplified. In this regard,
the examination of civil claims must be conducted in an
expedited manner within the court process, and
compensation mechanisms
—
particularly through a
state-guaranteed compensation fund
—
should be
introduced to provide financial assistance.
Legislative reforms aimed at strengthening the
International Journal of Law And Criminology
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International Journal of Law And Criminology (ISSN: 2771-2214)
procedural status of victims and witnesses must be
continued. It is recommended to amend the Criminal
Procedure Code to clarify their rights and
responsibilities and to reinforce legal protection
guarantees.
Based on international practices, special training
courses and methodological manuals should be
developed for prosecutors, investigators, and judicial
staff working with victims and witnesses. This will
enhance the culture of impartial and respectful
treatment of these individuals by judicial personnel.
It is essential to expand public awareness campaigns to
improve the legal literacy of victims and witnesses.
Their rights and opportunities for participating in court
proceedings should be widely disseminated through
lawyers, notaries, mass media, and social networks.
To facilitate the participation of victims and witnesses
in judicial processes, the implementation of digital
technologies (e.g., giving testimony via video
communication, online application forms) is necessary.
This will be a crucial tool in ensuring their safety and
enhancing the transparency of the process.
It is necessary to establish and strengthen a
psychological support system. Victims and witnesses
often experience stress, threats, fear, and similar
conditions. Legal mechanisms must be developed to
guarantee the involvement of psychologists before and
during court proceedings.
It is recommended to establish clear accountability
measures for individuals (including investigators or
judges) who violate the rights of victims and witnesses
during court proceedings. Disciplinary or even criminal
liability should be firmly established to prevent such
violations.
These proposals aim to develop the criminal justice
system into a fairer, more humane, and trustworthy
mechanism, and to elevate the legal protection of
victims and witnesses to the level of international
standards.
CONCLUSION
In the Republic of Uzbekistan, the guarantee of human
rights and freedoms is one of the priority directions of
state policy. In particular, the full protection of the
rights of victims and witnesses within the criminal
justice system is a crucial component of this priority.
The results of this research indicate that although the
current legislation defines the procedural status and
rights of these subjects, there are still systemic
problems and ineffective mechanisms in their practical
implementation. Victims often cannot effectively
defend their rights and interests in court, especially
when it comes to recovering material and moral
damages, as their procedural capabilities are limited.
Witnesses, in many cases, face pressure, threats,
intrusions into personal life, and security concerns,
which negatively affect the fairness, openness, and
efficiency of criminal proceedings.
International practice includes progressive measures to
protect the rights of victims and witnesses
—
such as
witness protection programs, psychological assistance,
and specialized security services
—
that should also be
gradually introduced into national legislation and
practice. Moreover, the extensive implementation of
digital technologies, the enhancement of legal literacy,
and the continuous improvement of the qualifications
of judicial staff are of great importance in this area.
Therefore,
developing
and
implementing
comprehensive legal, institutional, and practical
measures to provide genuine protection of the legal
status of participants in criminal proceedings
—
especially victims and witnesses
—
is of vital importance
in strengthening public trust in justice. This should be
considered an integral part of the reforms on the path
to building a legal democratic state.
REFERENCES
Criminal Procedure Code of the Republic of Uzbekistan.
–
Tashkent: Adolat, 2023.
Decree of the President of the Republic of Uzbekistan
“On Additional Measures for Further Reform of the
Judicial-
Legal Sphere,” No. PQ–
5177, June 10, 2021.
Kholiqov, Q.Kh., Yuldoshev, M.M. Criminal Procedural
Law: Textbook.
–
Tashkent: Yangi Asr Avlodi, 2020.
–
488 p.
Rasulov, A.B. “The Procedural Status of Witnesses and
Their Legal Protection.” –
Law and Duty Journal, 2022,
No. 3.
–
pp. 45
–
51.
Nizamov, Z.Kh. “Participation of Victims in Criminal
Cases
and Protection Mechanisms.” –
Bulletin of Legal
Sciences, 2021, No. 2.
–
pp. 36
–
41.
United Nations Office on Drugs and Crime (UNODC).
Good Practices for the Protection of Witnesses in
Criminal Proceedings Involving Organized Crime.
–
New
York, 2008.
Council of Europe. Guidelines on the Protection of
Victims of Crime.
–
Strasbourg: CoE Publishing, 2019.
Turayev, N. Judicial System and Human Rights.
–
Tashkent: Iqtisodiyot va Huquq Dunyosi, 2019.
–
302 p.
Resolution of the Plenum of the Supreme Court of the
Republic of Uzbekistan “On Measures to Ensure the
Rights of Victims and Witnesses Participating in Court
Proceedings.” –
March 15, 2022, No. 4.
Ismoilova, D.M. “Guarantees of Victims’ Rights:
International and National Approaches.” –
Journal of
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–
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