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LAW OF THE REPUBLIC OF BELARUS

of June 16, 2003 No. 215-Z

About procedure and conditions of keeping of persons under guards

(as amended on 19-07-2016)

Accepted by the House of Representatives on May 13, 2003

Approved by Council of the Republic on May 29, 2003

This Law regulates procedure and determines conditions of keeping of persons under guards, and also guarantees of their rights and legitimate interests.

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

persons who are held in custody - the persons detained and taken into custody according to the Code of penal procedure of the Republic of Belarus, the Penitentiary code of the Republic of Belarus, and also international treaties of the Republic of Belarus;

convoy of persons who are held in custody - delivery under protection of persons who are held in custody to the destination;

protection border - the barrier or the conditional line and the conditional vertical plane passing across this line, overcoming or crossing of which allow or are able to allow person who is held in custody to make escape from custody;

content of persons under guards - stay under protection in the places of detention or other places determined by this Law, persons who are held in custody or convoy of such persons;

employees of places of detention - face of the private and the commanding structure of law-enforcement bodies, military personnel of internal troops of the Ministry of Internal Affairs of the Republic of Belarus, the state security agencies of the Republic of Belarus and Armed Forces of the Republic of Belarus, the staff of bodies of the border service of the Republic of Belarus, the acting as on providing detention regime under guards, to convoy of persons who are held in custody, their isolation, protection and supervision of them out of places of detention. For fulfillment of duties on providing detention regime under guards captains of ocean and river crafts, commanders of the aircrafts which are outside the Republic of Belarus and also persons authorized by them fulfill duties and have the rights established by this Law for employees of places of detention;

heads of administration of places of detention are chiefs of pre-trial detention centers, chiefs of correctional facilities, chiefs of arestny houses, chiefs of temporary detention centers, chiefs of territorial authorities of the border service under whose authority temporary detention centers and guardrooms, commanders of military units, military commandants of military commandant's offices under which authority guardrooms are are.

Article 2. The principles of content of persons under guards

Content of persons under guards is performed on the principles of legality, humanity, equality of all citizens before the law, respect of human dignity according to the Constitution of the Republic of Belarus, the conventional principles and rules of international law, and also international treaties of the Republic of Belarus and shall not be followed by the cruel, inhumane address which can cause damage to physical or mental health of person who is held in custody.

The foreign citizens and persons without citizenship who are held in custody fulfill duties and have the rights on an equal basis with citizens of the Republic of Belarus if other is not determined by the Constitution of the Republic of Belarus, this Law, and also international treaties of the Republic of Belarus.

Discrimination of persons who are held in custody on bases of sex, races, nationalities, language, origin, property and social position, the residence, the relation to religion, beliefs, belonging to public associations, and also on other circumstances is not allowed.

Article 3. The bases for content of persons under guards

The bases for content of persons under guards are the resolution (determination) on detention or the resolution (determination) on application concerning person of measure of restraint in the form of detention, and also the court verdict.

Chapter 2. Places of detention. The mode in places of detention

Article 4. Places of detention

Places of detention - pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs of the Republic of Belarus, pre-trial detention centers of the state security agencies of the Republic of Belarus (further, unless otherwise specified, - pre-trial detention centers), temporary detention centers of territorial internals, temporary detention centers of bodies of the border service of the Republic of Belarus (further, unless otherwise specified, - temporary detention centers), guardrooms of military commandant's offices, military units of internal troops of the Ministry of Internal Affairs of the Republic of Belarus, bodies of the border service of the Republic of Belarus (further - guardrooms), and also correctional facilities, arestny houses as places of detention.

In cases when according to the Code of penal procedure of the Republic of Belarus detention on suspicion of crime execution is performed by captains of ocean or river crafts, commanders of the aircrafts which are outside the Republic of Belarus, persons suspected of making of crimes contain in rooms which are determined by the specified officials and are adapted for these purposes.

Article 5. Pre-trial detention centers

Pre-trial detention centers are intended for content of persons to whom as measure of restraint detention, and also convicts in the cases provided by the Penitentiary code of the Republic of Belarus is applied. Pre-trial detention centers can also contain other persons according to international treaties of the Republic of Belarus.

Pre-trial detention centers of the state security agencies of the Republic of Belarus can contain persons detained according to the Code of penal procedure of the Republic of Belarus.

Pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs of the Republic of Belarus are the organizations which are a part of the system of law-enforcement bodies of the Republic of Belarus.

Pre-trial detention centers of the state security agencies of the Republic of Belarus are created, will be reorganized and liquidated by the Chairman of Committee for State Security of the Republic of Belarus.

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