2014 19/12

Vitebsk human rights activist Leonid Svetik appealed to the House of Representatives of the National Assembly of the Republic of Belarus with the proposals to consider life insurance and health of prisoners (convicts).

Deputies forwarded to offer human rights activist Dr. Department of Punishment and the Ministry of Finance, whence came the answers, which show that public authorities are not interested in the introduction of compulsory insurance of life and health of those who are in prison.

In the House of Representatives Leonid Svetik turned back in October. In his address, he wrote: “According to article 24 and 45 of the current Constitution of the Republic of Belarus, the State protects human life from any illegal encroachments and guarantees him the right to health. This right applies to prisoners and persons convicted by the court.

According to human rights, one way to protect the lives and health of prisoners / inmates who have contributed to the realization of these rights is a legislative consolidation of compulsory insurance of their life and health. So he asked the deputies of the National Assembly of Belarus will learn the experience and suggestions of insurance companies, as well as human rights organizations Insurance prisoners. After a detailed study of the human rights defenders suggested deputies to develop and legislate the right of prisoners to insurance against accidents, as well as insurance against unlawful acts of third persons, including employees of the Department of Punishment of the Republic of Belarus (DP RB).

The proposal was reviewed by Leonid Svetik Standing Commission of the National Assembly of the Republic of Belarus on labor and social issues. The deputies refused to respond to the appeal for formal reasons, because of the National Assembly “… considers draft laws submitted subjects of legislative initiative in the established order.

For consideration on the merits Chairman of the Standing Committee of the House of Representatives of the Republic of Belarus for Labour and Social Affairs Vladimir Vasilenko human rights activist sent a request to the Ministry of Finance and the Department of Corrections Ministry of Internal Affairs.

First Deputy Head of DP Sergey Protsenko said that strengthens the statutory compulsory insurance of life and health of prisoners (convicted) is not necessary, as the current legislation this issue is resolved in full.

First Deputy Finance Minister Vladimir Amarin, referring to Part 2 of Article 825 of the Civil Code of the Republic of Belarus, said that oblige every citizen of the country to insure their lives and health Legislative impossible. This provision also applies to prisoners and convicts, but the right to voluntary insurance they have. In response, among other things, it was reported that the insurance companies have the capacity to provide insurance services in the cities of incarceration, and insurers determine its own conditions and services.

In order to detect the interest of insurance companies in the development and introduction of a new insurance product – voluntary life insurance and health of prisoners (convicts) Ministry of Finance appealed to the Belarusian Association of Insurers, whose members include almost all the insurance companies of the Republic of Belarus.

Belarusian Association of Insurers Ministry informed about the following:

The experience of holding prisoners in voluntary insurance forms exist in the Russian Federation. This insurance is designed to cover individuals who are serving a sentence of imprisonment in the penitentiary system, and is voluntary optional convicts or their relatives.

After repeated attempts of several insurance organizations to implement this type of insurance in the Russian Federation today continue to insure convicted LLC IC “Power”, RK Garant “Consent”, “Baltic-insurance” and “Renaissance”. A number of organizations, such as the Military Insurance Company, have suspended this type of insurance because of the large insurance payments.

Insurance cases in most insurers are accidents occurring as a result of illegal actions of employees of institutions and bodies executing criminal penalties of imprisonment.

At the same time, the insurance companies of the Russian Federation noted in the implementation of a number of dozavy life and health insurance convicted, namely the impossibility of objective assessment of risk in the insurance contract, fraud and self-mutilation, difficulty in monitoring and objective assessment of insured events, closed the prison system and the opacity of the criminal – executive system.

In this case, the main problem in the implementation of this insurance is dozavy log the insurance case and obtain the necessary documents on the basis of which can be carried out insurance payments. Penal system are closed and do not allow insurers to correctional institutions for detailed clarification of the circumstances of a past event.

According to the Belarusian Association of Insurers, taking into account the experience of the voluntary insurance convicted in the Russian Federation insurance organizations of the Republic of Belarus has not expressed interest in implementing this type of insurance.”

It turns out that all concerned government authorities and insurance company policy or is not economically profitable compulsory insurance of life and health of prisoners (convicts).

On the other hand, the sad statistics from prison suggests several dozen dead or dead prisoners annual and about 90 thousand suffering from various serious diseases. So the problem is, and they must be addressed urgently d.

The presence of a prisoner / convicts insurance policy would help to improve living and working conditions in correctional institutions, labor discipline, respect for the rule of law on the part of authorities and agencies of the penal system would contribute to the humanization of the penal system in the Republic of Belarus“, – said human rights activist Leonid Svetik.

Quoting dyjalog.info

Prepared by Ales Leta
Belarusian Legal Portal,
by.prava-by.info

In the photo Leonid Svetik
Photo by A.Łapicki, Lićviny-INFA

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