Does Belarusian Code on Administrative Procedures correspond to international legal acts?
Human rights defender Siarhei Ustsinau has addressed the Constitutional Court of Belarus with an appeal demanding to assess the compliance of the Code on Administrative Procedures with the country’s commitments to secure the right to a fair trial.
“I have been constantly monitoring administrative trials, both at district courts and at the so-called cassational body – Minsk City Court. Many cases would have never been heard, if the superior court had had authority to review administrative cases on the merits. However, Article 12.8 of the Code on Administrative Procedures only enables the judge to assess the legality and well-foundedness of judgment, without a right to review the case, which does not correspond to the criteria of a fair trial as provided by the international legal standards. Thus, even if a person attending the consideration of an appeal may adjourn extra materials in favour of his or her arguments, the court would not examine them, since it does not have the necessary power”, says Mr. Ustsinau in his open letter.