Soviet of Republic doesn’t support proposal of Homel oppositionists
The Administration of the President and the Soviet of the Republic rejected
the request of Homel opposition to initiate proceedings at the Constitutional Court
for putting the administrative legislation in line with the International
Covenant on Civil and Political Rights. The Administration of the President did
not even consider the appeal filed by Uladzimir Katsora and Uladzimir
Niapomniashchykh on its merrits and the Soviet of the Republic responded that
the administrative legislation, namely the Procedural-Executive Code of
Administrative Offences complies with the Constitution and the International
Covenant.
The reason for the appeal to the President and Council of the Soviet of the
Republic was the pre-trial detention of Homel oppositionists on the eve and
during the National Assembly, held on 8 October. The activists spent the
weekend in prison. On Monday, 10 October, the court punished them with fines
for violating the order of the mass holding mass events. The question of the
legality of the pre-trial detention of the oppositionists remained unasnwered.
By the way, according to the PECAO, a person suspected of committing an offense
"may be detained." "It means that detention is a right, not an
obligation of the police, which in this case was used only on the basis of the
subjective opinion of police officers. The term “a person who committed a
violation” used in Article 8.4 of PECAO contradicts the presumption of
innocence, guaranteed by Article 2.7. We think that the aforementioned collisions
of the administrative law, resulted in a violation of our right to liberty and
security," – argued the oppositionists in their appeal. That's why they
asked the President and the Soviet of
the Republic of Belarus to use their right according to
Article 116 of the Constitution and initiate proceedings at the Constitutioinal Court
with the aim to put Article 8.4 of the PECAO in line with Article 25 of the
Constitution and Article 9 the ICCPR.
Deputy head of the Standing Committee for Legislation and State Construction
Liliya Maroz reviewed the provisions of
the Procedural-Executive Code of Administrative Offences and concluded that
they didn't contradict to the Constitution.
"As far as the sanctions of Article 23.34 of the Administrative Code contain
administrative arrest as one of the penalties, preventive detention of a person
with the aim of ensuring the administrative proceedings corresponds to Article
8,2 of the PECAO,” answered the official.
