2013 13/09

Mikalay Samaseyka , the House of Representatives of the National Assembly of the Republic of Belarus , Minsk

The House of Representatives of the National Assembly adopted changes in administrative law, where it took into account the comments of the Homel Center for Strategic Litigation. Earlier the article on the administrative detention of individuals contained such a discriminating term as “a person committed an offense”. Now it sounds like “a person who is blamed in commission of an offense”.

Let’s remind that human rights activists from Homel Center for Strategic Litigation Leanid Sudalenka and Vasil Palyakou addressed the Parliament, so that it initiated a proposal to the Constitutional Court on the correspondence of Article 25 of the Constitution and Article 9 of the International Covenant on Civil and Political Rights and Article 8.4 of Procedural-Executive Code of Administrative Offences ( PECAO).

Chairman of the Standing Committee of Parliament on legislation Mikalay Samaseyka considered that the rules of PECAO correspond the Constitution, and that there was no need to verify their compliance with the Basic Law and international law. “As for the inaccuracies of terminology, which you mention, this fact does not affect the constitutionality of the rules and can be eliminated in the course of legislative activity. It is planned to present the draft law “On introduction of changes and amendments to the Administrative Code and PECAO” to the House of Representatives – said the deputy to human rights defenders.

“Previously, if a person was detained, he or she immediately was considered a person who has committed an offense which violated the presumption of innocence of each detainee. Now, this misunderstanding is fixed with our help. We will continue to require deputies to removal the existing legal conflicts, as well as to changes the situation in the administrative practices that lead to the violation of the right to liberty and security of citizens”, – says the human rights activist Leanid Sudalenka.

Homel Center for Strategic Litigation issued a manual on legal conflicts in administrative law which led to the violation of the right to liberty and security of people. The main idea of the manual, which human rights activists bring to citizens is: “The general rule for a person is to be free, and detention should be the exception to this rule”.

According to gomelspring.org,
Prepared by Ales LETA
Belarusian Legal Portal

Photo by Aliaksiey Lapitski

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