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RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of January 13, 2004 No. 3

About approval of regulations of pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs

(as amended on 30-06-2021)

Based on part two of article 9 of the Law of the Republic of Belarus of June 16, 2003 No. 215-Z "About procedure and conditions of keeping of persons under guards", paragraph two of the resolution of Council of Ministers of the Republic of Belarus of May 16, 2003 No. 646 "About authority delegation to the Ministry of Internal Affairs on acceptance of separate regulatory legal acts", subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611, the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Approve Regulations of pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs (are applied).

2. Not apply Item 1 of the order of the Ministry of Internal Affairs of the Union of Soviet Socialist Republics of March 27, 1985 No. 0100.

Minister militia major general

V. V. Naumov

It is approved

Attorney-General of the Republic of Belarus counselor of state of justice of the 2nd class

 January 12, 2004

 

V. V. Sheiman

Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of January 13, 2004 No. 3

Regulations of pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs

Chapter 1. General provisions

1. These rules determine procedure and conditions of finding of persons who are held in custody in pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs (further - the pre-trial detention center).

2. These rules are obligatory for execution by 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.

3. The pre-trial detention center contain 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 (further - WICK). The pre-trial detention center can also contain other persons according to international treaties of the Republic of Belarus.

4. It is excluded according to the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of 09.12.2016 No. 320

5. It is excluded according to the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of 09.12.2016 No. 320

6. The procedure and conditions of keeping in the pre-trial detention center of convicts are regulated WICK and the 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.

7. Providing the mode to the pre-trial detention center, maintenance of internal rules and procedures in them are assigned to heads of administration of the pre-trial detention center and employees of the pre-trial detention center (further - 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

8. Acceptance of the persons who are held in custody, brought in the pre-trial detention center is performed by round the clock duty shift headed by the duty assistant to the chief of organization or its deputy (further – the duty assistant) who 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 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.

9. The basis for acceptance in the pre-trial detention center of suspects and the crimes accused of making is:

the resolution of body of inquiry, person making the inquiry, the investigator about application of measure of restraint in the form of detention authorized by the prosecutor;

the resolution of the Chairman of the Investigative Committee, the Chairman of Committee for State Security or persons fulfilling their duties, the prosecutor, judges, determination of court about application of measure of restraint in the form of detention.

The basis for acceptance of convicts in the pre-trial detention center in the cases provided WICK is the court verdict which took legal effect, the resolution of the chief of territorial authority of internal affairs or administration of correctional facility of open type authorized by the prosecutor.

10. The documents which are the basis for acceptance in the pre-trial detention center shall be certified by signatures of the corresponding officials and are fastened by seals to the image of the State Emblem of the Republic of Belarus. Persons brought in the pre-trial detention center with violation of requirements of this Item, and also person concerning which terms of detention expired in the pre-trial detention center are not accepted, except for persons brought by planned convoy of internal troops of the Ministry of Internal Affairs. After acceptance in the pre-trial detention center of persons who are held in custody concerning which terms of detention expired they are exempted based on the resolution of the chief of the pre-trial detention center or the prosecutor exercising supervision of execution of the legislation in places of detention, in accordance with the established procedure.

11. In cases when in the pre-trial detention center the statement from sentence is submitted (determinations, resolutions) vessels about application of measure of restraint in the form of detention, in it shall be specified complete data of person to whom this measure of restraint is applied. The statement shall be certified by the signature of the corresponding official, is under seal with the image of the State Emblem of the Republic of Belarus and is subject to replacement no later than five-day term with the copy of sentence (determination, the resolution).

12. In the pre-trial detention center women with the child aged up to three years are necessary for acceptance the certificate of birth or other documents confirming accessory of the child of mother, and in the absence of such documents - written specifying of the body conducting criminal procedure, with indication of complete data of the child, certified in accordance with the established procedure and under seal with the image of the State Emblem of the Republic of Belarus.

13. Persons who are held in custody and the convicts following through the pre-trial detention center en route are accepted and go to destinations based on references according to personal records with the photo confirmed by seal with the image of the State Emblem of the Republic of Belarus, and passing lists which forms are established by the Ministry of Internal Affairs.

14. For execution of accounting documents of person, being held in custody, and convicts accommodate in cameras of combined department for the term of no more than one days (except for days off and holidays) with observance of requirements of isolation or for the term of no more than two hours to the boxes equipped with places for sitting and artificial lighting.

15. Persons who according to the conclusion of the health worker of the pre-trial detention center need rendering the emergency medical care in stationary conditions or with strong indications of acute infectious disease and also being in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances in the pre-trial detention center are not accepted. If necessary emergency medical service is provided to them.

In case of identification at person accepted in the pre-trial detention center, the bodily harms allowing to believe that harm to his health is done as a result of illegal actions the statement is drawn up. Person accepted in the pre-trial detention center with the revealed bodily harms is offered to offer written explanation about circumstances of their obtaining. The duty assistant in writing reports on this fact on the chief of the pre-trial detention center or person fulfilling its duties.

The act, the official report of the duty assistant, explanation of person accepted in the pre-trial detention center in accordance with the established procedure go on competence (jurisdiction) for conducting check.

In the absence of the health worker of the pre-trial detention center (in evening and night time) the persons who are showing claims to health and (or) having strong indications of diseases are accepted in the pre-trial detention center according to the conclusion of the specialist doctor of the state organization of health care.

16. Information on the rights and obligations, requirements for observance of detention regime under guards, daily routine, procedure for submission of petitions, offers, statements and claims, and also about possibility of receipt of psychological assistance is provided to persons accepted in the pre-trial detention center. The specified information can be provided both in writing, and orally.

In subsequent such information is regularly provided on radio, during visit of cameras by employees of the pre-trial detention center, on personal acceptance of persons who are held in custody, the chief of the pre-trial detention center or persons authorized by it. In each camera on wall information on basic rights and obligations of persons who are held in custody on requirements for observance of detention regime under guards, and also daily routine, photo of model of filling of berth, the form of the report of the person on duty on the camera established by the chief of the pre-trial detention center is hung out.

In the pre-trial detention center the daily routine approved by the chief of the pre-trial detention center and developed taking into account features of work of the pre-trial detention center, situation in it, season, local conditions and other specific circumstances is established. The daily routine includes time of rise, release, toilet, acceptance of food, verifications of presence of persons who are held in custody, walks, inclusions and shutdowns of electrosockets, viewing of telecasts, broadcasts of radio lectures on internal radio network, regime and other actions. For minors time of implementation of training programs of general secondary education, and also time for independent preparation for studies and holding other educational actions is also provided. In case of approval of daily routine time for continuous eight-hour dream of persons who are held in custody is without fail provided.

The daily routine for persons containing in punishment cell, hospital of medical part and minors is separately constituted.

17. Persons who are held in custody have the right to the polite address from employees of the pre-trial detention center. It is necessary to address them on "you" and to call them "citizen" or "citizen" and further by last name or respectively "suspect", "person accused" or "convict".

Persons who are held in custody shall be polite among themselves and in the treatment of employees of the pre-trial detention center. To employees of the pre-trial detention center of person, being held in custody, address on "you", their "citizen" or "citizen" and further on rank or on position or "the citizen the chief" call.

18. Persons accepted in the pre-trial detention center, as a rule, in day of their receipt, but no later than one days (except for days off and holidays) undergo primary medical examination and sanitary processing. Results of medical examination are brought in the medical out-patient record then bedding is issued to persons who are held in custody, and if necessary – clothes of the established sample.

Without fail persons sentenced to lifelong imprisonment and to capital punishment and also persons accepted in the pre-trial detention center in uniform of the military personnel or law enforcement officers change clothes. If necessary employees of other services change clothes. In the presence of opportunity minors and convicts in case of especially dangerous recurrence of crimes change clothes. The clothes belonging to them are withdrawn according to the inventory and checked on pre-trial detention center warehouse.

19. Accommodation of persons who are held in custody in cameras is made taking into account their personality and psychological compatibility. The smoking (consuming) tobacco products whenever possible are located separately from persons, not smokers who are (not consuming) tobacco products.

Placement is performed according to requirements of article 31 of the Law of the Republic of Belarus "About procedure and conditions of keeping of persons under guards" based on the plan of pokamerny accommodation of persons who are held in custody, the pre-trial detention center approved by the chief. Requirements of isolation are provided in case of all movements of persons who are held in custody, holding regime and educational actions.

20. The persons who are held in custody, being connected to one criminal case accommodate separately. The convicts containing in the pre-trial detention center in connection with attraction as suspects and persons accused on another criminal cases accommodate on cameras together with other suspects and persons accused with observance of requirements of isolation.

21. The convicts and persons accused who were earlier serving custodial sanction for certain term concerning whom the conviction is decided accommodate on cameras separately from for the first time serving custodial sanction for certain term.

22. Persons who are held in custody accommodate on cameras the duty assistant in coordination with the operational worker of the pre-trial detention center, minor - in coordination with the instructor on educational work of the pre-trial detention center, sick - on specifying of the health worker of the pre-trial detention center. Persons concerning whom good reasons to believe are had that they are sick with infectious diseases accommodate in separate cameras. Also separately the patients needing special medical care accommodate, or such persons are located in hospitals of medical parts on general diseases.

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