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RESOLUTION OF COMMITTEE FOR STATE SECURITY OF THE REPUBLIC OF BELARUS

of August 10, 2012 No. 37

About approval of Regulations in pre-trial detention centers of the state security agencies of the Republic of Belarus

(as amended on 28-11-2016)

Based on the Law of the Republic of Belarus of June 16, 2003 "About procedure and conditions of keeping of persons under guards" the Committee for State Security of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations in pre-trial detention centers of the state security agencies of the Republic of Belarus.

2. Declare invalid the resolution of Committee for State Security of the Republic of Belarus of October 17, 2003 No. 20 "About approval of Regulations in pre-trial detention centers of the state security agencies of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 24, 8/10531).

3. This resolution becomes effective after its official publication.

Chairman lieutenant general

V. Yu. Zaytsev

It is approved

Attorney-General of the Republic of Belarus counselor of state of justice 2 classes

August 8, 2012

 

A. V. Konyuk

Approved by the Resolution of Committee for State Security of the Republic of Belarus of August 10, 2012 No. 37

Regulations in pre-trial detention centers of the state security agencies of the Republic of Belarus

Chapter 1. General provisions

1. These rules establish procedure for content of persons under guards and realization of other rights and obligations of persons who are held in custody according to the Law of the Republic of Belarus of June 16, 2003 "About procedure and conditions of keeping of persons under guards" (The national register of legal acts of the Republic of Belarus, 2003, No. 76, 2/964) and other legal acts of the Republic of Belarus.

2. These rules are obligatory for execution by the military personnel and civil personnel of the pre-trial detention center (further - employees of the pre-trial detention center), persons who are held in custody and also the other persons visiting the pre-trial detention center. Violation of requirements of these rules attracts the responsibility established by the legislation of the Republic of Belarus.

3. The pre-trial detention center contain persons:

suspects and persons accused to whom as measure of restraint detention is applied;

convicts in the cases provided by the Penitentiary code of the Republic of Belarus;

other persons according to international treaties of the Republic of Belarus;

the Republic of Belarus detained according to the Code of penal procedure.

4. In the pre-trial detention center the following categories of convicts serve custodial sanction:

the Republic of Belarus left in the pre-trial detention center according to part two of Article 67 of the Penitentiary code for performance of works on economic servicing;

the Republic of Belarus left in the pre-trial detention center according to part four of Article 67 of the Penitentiary code for production of investigative actions on the case of the crime committed by other person;

the Republic of Belarus left in the pre-trial detention center according to part five of Article 67 of the Penitentiary code for participation in legal proceedings on the case of the crime committed by other person;

the Republic of Belarus transferred to the pre-trial detention center according to part seven of Article 67 of the Penitentiary code.

5. The procedure and conditions of keeping in the pre-trial detention center of the convicts left for performance of works on economic servicing are regulated by the Penitentiary code of the Republic of Belarus and Regulations of correctional facilities approved by the resolution of the Ministry of Internal Affairs of the Republic of Belarus of October 20, 2000 No. 174 (The national register of legal acts of the Republic of Belarus, 2000, No. 113, 8/4362).

6. Persons who are held in custody shall observe strictly the obligations assigned to them by the Law of the Republic of Belarus "About procedure and conditions of keeping of persons under guards". Failure to carry out of the obligations by them attracts responsibility in accordance with the established procedure.

7. Concerning persons who are held in custody for the purpose of prevention of causing harm by them to people around or themselves, weapon, physical force and special means in the cases and procedure established by the Law of the Republic of Belarus of July 10, 2012 "About the state security agencies of the Republic of Belarus" can be used (The national legal Internet portal of the Republic of Belarus, 18.07. 2012, 2/1942).

8. Persons who are held in custody are in the pre-trial detention center under protection and supervision and move on its territory accompanied by employees of the pre-trial detention center. For the purpose of control of their behavior audio-and video equipment can be used.

Border of protection is the barrier located from the inside of the main barrier of the pre-trial detention center, designated by precautionary signs with text "The prohibited area, pass is prohibited!". In the absence of possibility of the proper equipment of border of protection it is the main barrier determining pre-trial detention center territory limits: gate (doors) of check-points, walls, roofs of buildings and constructions of the pre-trial detention center adjoining the main barrier, walls (doors and windows) offices (rooms) of investigative divisions of the state security agencies of the Republic of Belarus.

9. Employees of the pre-trial detention center when implementing measures for ensuring content of persons under guards shall treat humanely prisoners and respect their human dignity.

10. Providing the mode to the pre-trial detention center, maintenance of internal rules and procedures in them is assigned to the chief of the pre-trial detention center and employees of the pre-trial detention center which bear the responsibility for non-execution or improper execution of the service duties established by the legislation by them.

Chapter 2. Acceptance of persons who are held in custody and placement them on cameras

11. Acceptance of the persons taken into custody and who arrived in the pre-trial detention center is performed by round the clock duty shift headed by the duty assistant to the chief of the pre-trial detention center (further - the duty assistant) which checks availability of the documents giving the grounds for acceptance of person brought in the pre-trial detention center conducts survey of persons brought in the pre-trial detention center and verifies their answers with the data specified in documents of the personal record. The duty assistant interviews persons brought in the pre-trial detention center on availability of claims to convoy, the declared well-ground claims are reviewed and permitted on site or permitted according to the procedure, established by the legislation of the Republic of Belarus.

12. The basis for acceptance in the pre-trial detention center of persons who are held in custody are: the resolution (determination) on detention, the resolution of the investigator or the resolution of person making the inquiry authorized by the prosecutor (except for the detainee), the resolution of the Chairman of Committee for State Security of the Republic of Belarus, the Chairman of the Investigative Committee of the Republic of Belarus or persons fulfilling their duties, the resolution of the prosecutor or the judgment (sentence, determinations, the court order) about election as measure of restraint detention which are taken out according to the Code of penal procedure of the Republic of Belarus. The basis for acceptance of convicts in the pre-trial detention center in the cases provided by the Penitentiary code of the Republic of Belarus is the court verdict which took legal effect.

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