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Uzbekistan - National Guard

Bruce Pannier wrote "For more than 25 years, Uzbekistan’s National Security Service (SNB) was the most feared law enforcement body in Uzbekistan. So when Shavkat Mirziyoev took over as president and soon moved to not only rein in the SNB but criticize and humiliate the security service for years of abuse, the people of Uzbekistan welcomed the SNB's relegation. But a new state body has seemingly emerged to take its place. The long-dormant National Guard of Uzbekistan has been reformed, and its powers are growing to the point where it may already be a more formidable institution than the SNB ever was.

"The head of the National Guard is Bahodir Tashmatov, a former deputy defense minister, chief of the Joint Staff of Uzbekistan’s Armed Forces and briefly head of Uzbekistan’s Security Council. His deputy is Batyr Tursunov. Tursunov’s career in security services stretches back to the 1980s, when he was in the KGB. After independence in 1991, Tursunov became chief of Uzbekistan’s counterterrorism department within the Interior Ministry. During this time, Tursunov had a reputation for putting rights activists and opposition figures in prison. Tursunov is also the father of Oybek Tursunov, who is married to Saida Mirziyoeva, the president's eldest daughter."

The National Guard was originally created in 1991 as part of the Armed Forces of Uzbekistan. In 2017, it was withdrawn from the Armed Forces and made an independent structure. This new National Guard was formed in August 2017 in accordance with the decree of the President of Uzbekistan - the Supreme Commander-in-Chief of the Armed Forces. As noted in the press service of the National Guard, a special military unit conducts activities according to the "closed" document. Regulatory acts on the work of the National Guard are already developed, in the near future they are planned to be submitted to the parliament. According to some reports, until January 2018, the National Guard numbered about 1,000 people and was exclusively engaged in the protection of strategic facilities and especially important persons.

A number of functions of the Ministry of the Interior, including the protection of the premises of diplomatic missions, were transferred to the National Guard. In particular, the Main Guard Directorate, formerly operating on the basis of the Ministry of Internal Affairs, was formed in the structure of the National Guard. The exclusive right will be transferred on a contractual basis to ensure access control and protect state and economic administration bodies, legal entities that are part of them, as well as budget organizations.

As part of the Main Guard Department of the National Guard, there are:

• A separate battalion for the protection of objects of state power and administration located in the city of Tashkent;
• security departments of the Republic of Karakalpakstan, the city of Tashkent and regions;
• Centers for monitoring and control of technical security equipment;
• city (district) battalions (detachments) of protection;
• State Unitary Enterprise “Qo`riqlash Servis”.

The National Guard was created immediately after independence (August 1991) as an internal security force under the direct command of the president, to replace the Soviet Internal Troops that had provided internal security until that time. Although plans called for a force of 1,000 troops including a ceremonial guard company, a special purpose detachment, and a motorized rifle regiment, reports indicate that only one battalion of the motorized rifle regiment had been formed in 1994. The National Guard forces in Tashkent, thought to number about 700, moved under the jurisdiction of the Ministry of Internal Security in 1994.

Uzbekistan defines its most important security concerns not only in terms of the potential for military conflict, but also in terms of domestic threats. Primary among those threats are the destabilizing effects of trafficking in narcotics and weapons into and across Uzbekistani territory. Although the government has recognized the dangers of such activities to society, enforcement often is stymied by corruption in law enforcement agencies.

The National Guard does not duplicate the tasks of the Ministry of Internal Affairs of Uzbekistan, Major General Kutbiddin Burkhonov, chief of public relations and mass media of the Ministry of Internal Affairs, said at a briefing on 30 January 2019. "The Ministry of the Interior is entrusted with the task of ensuring and maintaining public order. The National Guard was created at the initiative of our president. These are military personnel, they also have military ranks, uniforms are military. But to improve the lives of our people, the president decided to attract part of the National Guard to protect public order. In fact, they have other tasks, "he said.

“[In the National Guard], mainly athletes, fighting guys. The presidential guard also consists of the National Guard, they also stand at other state facilities. Maintaining calm in Uzbekistan is the main task, no matter what forces are involved, ”the head of the press service of the Ministry of Internal Affairs explained. “The main thing is the result,” he added.

The National Guard is a special military unit designed to ensure public and state security, the realization of human rights and freedoms, and the protection of the population from terrorist threats, criminal and other illegal actions. In cities and regions, the Ministry of the Interior and the National Guard are responsible for the implementation of the Safe Territory project and the maintenance of public order.

The main guard department of the Ministry of Internal Affairs of Uzbekistan and its territorial units were transferred to the National Guard. The regulation on the security service of the National Guard of the Republic of Uzbekistan was approved by the government on 03 July 2019. The tasks of the service include ensuring the protection of state-owned facilities, especially important, categorized and other facilities, property of individuals and legal entities on a contractual basis. (Note that the protection of categorized objects is also carried out by special units of the Ministry of Defense system). Why such duplication was unclear.

Prices for security services for organizations funded from the state budget are set by agreement with the Ministry of Finance. For other organizations, the National Guard commander will determine them on his own. (This is a real business. Such practice does not exist anywhere in the world, since the protection of public order is a constitutional duty of law enforcement agencies) In addition, employees of the National Guard of Uzbekistan have the right to conduct criminal investigations. The relevant amendments were made to article 38 of the Code of Criminal Procedure. The law on amendments was published in the government newspaper Narodnoe Slovo.

The document also introduced amendments to Article 39-1 of the CPC, which include units of the National Guard under the number of bodies conducting pre-investigation checks. It can be carried out by employees of the National Guard under cases assigned by law to their jurisdiction. These are cases of crimes stipulated by the first part of Article 250-1 of the Criminal Code (“Illegal circulation of pyrotechnic products”), with the exception of crimes related to violation of customs legislation, and Article 259-1 of the Criminal Code (Failure to fulfill obligations to ensure the protection of especially important and categorized objects ").

“Article 2481. The bodies of the National Guard of the Republic of Uzbekistan Officials of the bodies of the National Guard of the Republic of Uzbekistan, when establishing administrative offenses provided for in Articles 1851 (with the exception of offenses related to violation of customs legislation) and 2101 of this Code, draw up a protocol on an administrative offense. The protocol on an administrative offense in the manner established by Article 282 of this Code shall be sent for consideration to the court. ”

In June 2019 the National Guard was given the right to issue permits for the purchase, as well as for the storage and carrying of civilian weapons, previously the direct prerogative of the Ministry of Internal Affairs.

An Advisory Council is formed under the head of the Main Directorate of Security, consisting of 7–9 experienced employees of the Main Directorate and other divisions of the security service, as well as scientists with scientific potential in the relevant field. The composition of the Council is approved annually by the head of the Main Directorate, who is ex officio the chairman of the Council.