of November 13, 2008 No. 235
About civil control of respect for human rights in the organizations providing content of persons under guards
The Parliament adopts this organic law.
(1) This law regulates the relations arising in connection with civil control (monitoring) of activities of the organizations providing content of persons under guards for the purpose of guaranteeing respect for human rights and also procedure for formation of the commissions on monitoring, their main objectives and powers.
(2) Monitoring of respect for human rights in the organizations providing content of persons under guards is performed by the representatives of civil society organized in the permanent commissions according to provisions of this law.
(1) Monitoring of respect for human rights in the organizations providing content of persons under guards is performed on a voluntary basis and on the basis of the principles of independence, equality and legality.
(2) in the course of monitoring intervention in activities of the organizations providing content of persons under guards in operational search activities and activities for criminal prosecution, and also in production about offenses or disciplinary production concerning persons working in these organizations is not allowed.
(1) Monitoring of conditions of keeping of prisoners and the treatment of them is performed by the commissions on monitoring which are the standing bodies which do not have the status of the legal entity which are created in each administrative and territorial unit of the second level where there are organizations providing content of persons under guards.
(2) Each commission on monitoring consists of seven members, representatives of civil society. The staff of the commission on monitoring affirms the decision of the relevant local council.
(3) the person which reached age of 25 years, characterized by worthy behavior in society, not having criminal record, pushed by public association which performs activities at least five years can be the Member of the commission on monitoring and one of the authorized purposes of which is human rights protection.
(4) If public associations do not propose the candidate for appointment as members of the commission on monitoring, they are offered by local council in coordination with Office of the national lawyer.
(The Term of office of the member of the commission on monitoring constitutes 5) two years. Its powers can be extended for one term in case of compliance to requirements imposed for appointment.
(6) there cannot be members of the commission on monitoring of person, the holding responsible state positions, government employees, judges, prosecutors, the staff of bodies of national defense, state security and public order, lawyers, notaries and mediators.
(1) Membership in the commission on monitoring stops in case:
a) findings by the judgment which on the member of the commission imposes punishment in the form of arrest for offense, of final nature - for the term of serving of this punishment;
b) the beginnings of criminal prosecution concerning the member комиссиидо the terminations of criminal procedure, its removal from under criminal prosecution or finding by the judgment on justification of the corresponding person of final nature;
c) appeal on compulsory military service, the reduced military or civil (alternative) service - for the term of service.
(2) Membership in the commission on monitoring stops in case:
a) expirations of powers;
c) physical death or announcement of person dead judicially;
e) findings of final nature judgment on condemnation or application of enforcement powers of medical nature;
f) recognitions of the member of the commission it is unknown absent - from the moment of finding by the judgment of final nature.
(1) the Member of the commission on monitoring has no right to perform monitoring of the cases concerning detention of persons with whom it consists in the relations of property or relationship to the fourth degree inclusive which representative he is or was and also if he is victim, the witness or other participant of criminal, civil or administrative process in which the person subjected to monitoring imprisoned has the procedural status.
(2) In case of each visit for the purpose of monitoring implementation members of group on monitoring represent addressed to the commission chairman on monitoring the declaration on lack of incompatibility about what the mark in the mandate on monitoring becomes. Declarations are stored in the corresponding cases on monitoring.
(3) In the cases provided by part (1), the administration of the place of detention by the motivated order has the right to deny to the member of the commission on monitoring access to the organization providing content of persons under guards. The corresponding order can be appealed in administrative court.
The commission on monitoring has the right:
a) estimate conditions of keeping of prisoners and the treatment of them;
b) have unrestricted access to any site of the organization providing content of persons under guards, the objects except for protected, at any time visits and without preliminary approval on condition of observance of rules of safety and the mode of organization;
c) request from administration of the place of detention, and also bodies of public management have all data which it considers necessary for monitoring implementation, except for the data which are the state secret;
d) conduct interviews with prisoners only in the presence of their consent, without witnesses or under visual supervision of administration if circumstances of safety require that;
e) inform state bodies and petition before them for ensuring accomplishment of tasks of monitoring of respect for human rights in the organizations providing content of persons under guards;
f) receive complaints from prisoners, their relatives, and also from other physical persons or legal entities, concerning respect for human rights in the organizations providing content of persons under guards;
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