Human rights activists demands to amend the Code of Criminal Procedure
Human rights activist Siarhei Ustsinau appealed to the National Center for Legislation and Legal Research with the request to draft a bill on introducing changes to the Criminal Procedure Code of the Republic of Belarus regarding the conduct of the examination.
The examination of one's room is a process action including the invasion of housing and other lawful property. The Criminal Procedure Code provides similar rules governing the grounds for conducting a search and an examination and provides for drawing up reports during both these process actions.
However, the criminal procedure law does not provide for delivery of copies of the reports of examination to the person whose premises have been examined and whose property has been seized as a result, though as a result of a search the person is given a copy of the report confirming the seizure of items.
"As far as no copy of the report of examination with an inventory of the seized property is not issued to the owner, he doen't have any documents which could confirm the fact of seizure of these items. In this situation, the person cannot be sure of the safety of the seized items, as well as in the fact that some other documents or items, not owned by him, won't be introduced in the report later,” argues the human rights activist.
Siarhei Ustsinau believes that the rules of the Criminal Procedure Code must be amended so that,
the person whom the examination concerns or an adult member of his family, would receive a copy of the report of examination.
“Recent politically motivated cases have one interesting peculiarity: as a rule, the police conducted only “examinations” on them, and, naturally, didn't issue any copies of the reports of the examination or seizure, as it is not provided for the Criminal Procedure Code. I think this is a serious gap in the law that can lead to irreparable consequences in certain circumstances," stresses the human rights activist.