Beyond bits, bytes and borders: how we untangle digital evidence dilemmas in Central Asia

The digital age is a double-edged sword, presenting new opportunities, while also opening doors to new forms of crime. Criminals, including terrorists and traffickers, increasingly exploit cyberspace for illicit purposes across national borders. This surge in internet misuse has created challenges for law enforcement agencies worldwide.

Investigating cybercrime is one of these challenges, as even accessing the necessary information is complicated. More than half of all criminal investigations today require electronic evidence. In nearly two-thirds of these cases, authorities must seek assistance from internet service providers located in foreign jurisdictions, which can further complicate the process if they are uncooperative.

On top of challenges related to collecting digital evidence, law enforcement agencies and prosecutors must ensure that digital evidence is legally valid and can be formally admitted in courtrooms for justice to be served. Several factors complicate this, including outdated legal frameworks, procedural inconsistencies across countries and limited technical knowledge among law enforcement.

There are also legitimate human rights concerns linked to the rights to privacy and freedom of expression. This is particularly relevant when it comes to accessing online speech or social media activity that is being used as evidence. In such spaces, it is essential to safeguard the right to freedom of expression, such as protecting people against unwarranted surveillance. This kind of surveillance may otherwise lead to chilling effects: individuals or groups may start avoiding speaking out because they fear they will violate laws or regulations, or the surveillance leads to further breaches of their fundamental human rights, like the right to privacy. This is why a delicate balance must be struck when dealing with digital evidence.

In 2019, the OSCE began working with countries in Central Asia to address these critical issues. It became clear that enhancing skills and processes within law enforcement and judicial authorities wasn't enough. We also need to focus on the legal frameworks under which investigators operate, which are still being adapted to fully recognize electronic data as formal evidence.

Uzbekistan's digital leap forward

To help participating States navigate the complexities of requesting electronic evidence and cross-border legal co-operation, we launched the E-VIDENCE project in 2024. In July of that year, the project kicked off in Uzbekistan — the first country where we began implementing tailored recommendations, specifically adapted to its national context and needs.

To that end, we organized a needs assessment mission which allowed us to get a firm understanding of the situation on the ground. This involved meetings with legal experts, policymakers, representatives from international organizations and law enforcement officials. Our role was to facilitate discussions between relevant national institutions, including the parliament, to identify obstacles and propose solutions to overcome them.

A significant challenge we faced was related to the passage of the draft Law on Digital Evidence, which had encountered multiple setbacks. Our team stepped in and facilitated discussions between the relevant national institutions. In July 2024, we organized an expert meeting to address outstanding questions, explore solutions and ensure all voices were heard. The guidance provided by our needs assessment mission played an instrumental role in resolving concerns and making sure the draft law was aligned with international legal standards and human rights safeguards.

The adoption of the draft Law on Digital Evidence in August 2024 by the Legislative Chamber of Uzbekistan was a significant milestone, culminating in November 2024 when the President of Uzbekistan signed the bill into law, a historic moment for the country’s legal system. This new law helped adjust the Criminal Procedure Code and other laws, formally defining digital evidence and establishing clear protocols for its handling.

Speaking to media, the Chairman of the Committee of the Legislative Chamber for Innovations, Information Policy and Information Technologies of the Uzbek Parliament, Ilkhom Abdullaev highlighted how the quality of the law improved positively because of the OSCE’s contribution and the engagement with specialists, OSCE experts and other organizations.

Having assisted with setting up the legal framework, we held another expert-level meeting in December 2024 to follow up on the implementation of the needs assessment mission's findings and recommendations. During our discussions, we outlined the next steps for developing operational procedures for requesting electronic evidence from other countries, and established a formal working group to co-ordinate national efforts. These kinds of structures are key to making sure that policies are translated into tangible day-to-day realities.

What’s next?

While our work in Uzbekistan is ongoing, we plan to build on this success in other countries across Central Asia in 2025.

The OSCE will conduct needs assessment missions in Kazakhstan, Tajikistan, Kyrgyzstan and Turkmenistan, followed by expert-level meetings to discuss how our findings and recommendations can become a reality. We will also learn from each country’s experience and bring together participants from across the region to discuss the challenges and opportunities identified through the national assessments and meetings.

Beyond Central Asia, we will continue to support the OSCE area as part of the E-VIDENCE project on the use of electronic evidence for investigating and prosecuting online criminal matters, including terrorism-related cases, while upholding key human rights principles.