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Proposal of HR activist to amend criminal procedural law deserves attention

2015 2015-06-09T16:53:33+0300 2015-06-09T16:53:33+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Human rights activist Siarhei Ustsinau received a reply to his appeal to the National Center of Legislation and Legal Research.

As stated in the document, currently implementation of the proposal does not fall within the competence of the National Center for Legislation and Legal Research, as in accordance with the plan for drafting legislation for 2015 the Center does not participate in the drafting of laws on the adjustment of the Criminal Procedure Code of the Republic of Belarus.

However, the response states that the proposal of the human rights defender deserves attention and could be considered in the further improvement of the legislation.

"By this response the experts of the National Center for Legislation and Legal Research of the Republic of Belarus actually recognized a gap in the legislation, which I mentioned in the appeal. At present, the criminal procedure legislation does not provide for the issuance of a copy of the protocol of examination or confiscation, whereas such copies are issued during an analogical process action, search. Taking into account that examination includes the invasion of one's home and directly affects the constitutional right of citizens to integrity, criminal procedure law in this part should be changed," says Siarhei Ustsinau.

The human rights activist intends to appeal to the standing commission on legislation of the House of Representatives, referring to the response and his arguments.

"I hope that the legislature will take into account the assessment of my proposal by the National Center of Legislation and Legal Research and prepare a relevant bill," he explained.

Let us remind that Siarhei Ustsinau asked to develop a bill on the introduction of changes to the Criminal Procedure Code of the Republic of Belarus so that the copies of the protocol of examination and confiscation would be issued to the persons whom these process actions concern or adult members of their families, as it is currently done in the case of search or seizure of an item.

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