of February 16, 2015 No. 39
About procedure and conditions of keeping of persons placed in specialized isolation centers of law-enforcement bodies
Based on subitems 9.4 and 9.32-1 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 the Instruction about procedure and conditions of keeping of persons placed in specialized isolation centers of law-enforcement bodies it (is applied).
2. Declare invalid the resolution of the Ministry of Internal Affairs of the Republic of Belarus of July 5, 2011 No. 243 "About approval of the Instruction about procedure for the organization of work of medical sobering-up stations of law-enforcement bodies" (The national register of legal acts of the Republic of Belarus, 2011, No. 89, 8/23962).
3. This resolution becomes effective after its official publication.
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Minister militia major general |
I. A. Shunevich |
|
It is approved Minister of Health of the Republic of Belarus February 13, 2015 |
V.I.Zharko |
Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of February 16, 2015 No. 39
1. This Instruction determines procedure and conditions of keeping in the specialized isolation center of law-enforcement body (further – the specialized insulator) persons to whom administrative detention for emergence in the public place in the alcohol intoxication offending human dignity and public morality and also for making in alcohol intoxication of administrative offenses for which penalty in the form of administrative detention can be imposed (further is applied, unless otherwise specified, – administratively detained).
2. Administratively detainees are accepted to the specialized isolation center by the inspector person on duty (the senior inspector person on duty) (further - the person on duty) or the assistant to the specialized insulator on duty.
3. The basis for the content which is administratively detained in the specialized insulator is the protocol of administrative detention.
Stay administratively detained in alcohol intoxication shall be confirmed with the protocol of legal proceeding or the act of survey.
4. Before placement on cameras administratively detainees are exposed to personal search according to requirements of article 8.6 of the Procedural and executive code of the Republic of Belarus about administrative offenses.
5. In case of detection during personal search of the objects prohibited to turnover for which storage the legislation provides criminal liability the person on duty without delay informs service of law-enforcement body operational and on duty for ensuring carrying out stipulated by the legislation legal proceedings. Administratively the detainee is given to service of law-enforcement body operational and on duty.
6. Personal belongings, objects, including documents, money and other values administratively of the detainee placed in the specialized isolation center are accepted by the person on duty on storage according to the inventory. The personal belongings accepted on storage, objects are stored in individual cases, and documents, money and other values - in separate cells of boxes (safes) before the release which is administratively detained.
7. The administratively detainees placed in the specialized isolation center contain in the mass or solitary confinements closed on locks without footwear and headdresses, in underwear or other clothes (except for upper).
The space allowance on one administratively detained is established, as a rule, at least four square meters.
8. Separately men and women accommodate. Separately from another administratively detained according to the decision of the chief of the specialized insulator or the person on duty can take place administratively detained which aggressive behavior constitutes danger for another administratively detained or requiring special observation.
9. The berth, bedding and bed linen are provided to the administratively detainees placed in the specialized isolation center for individual use.
The specified property is issued in temporary use for content in the specialized insulator.
10. Employees of the specialized insulator use physical force and special means to No. 263-Z which is administratively detained according to the Law of the Republic of Belarus of July 17, 2007 "About law-enforcement bodies of the Republic of Belarus".
11. To the administratively detainees placed in the specialized isolation center in cases, the stipulated in Article 28 Laws of the Republic of Belarus "About law-enforcement bodies of the Republic of Belarus", can be applied means of binding in the form of the belts fixed on specially equipped chair (further - means of binding).
12. Means of binding are applied on specifying of the person on duty in the presence of the health worker of the specialized insulator.
About time of the beginning and the end of application of means of binding by the person on duty the log entry of registration administratively of the detainees containing in the specialized insulator is made.
13. Administratively detainees are exempted from the specialized insulator by the chief of the specialized insulator or the person on duty in communication:
with the expiration of the terms of administrative detention established by the Procedural and executive code of the Republic of Belarus about administrative offenses;
with the direction them in the state organization of health care for receipt of medical care in stationary conditions;
with the conclusion of the health worker of the specialized insulator about their sobering.
14. During period of time from 00:00 till 05:00 release of person to which administrative detention for emergence in the public place in the alcohol intoxication offending human dignity and public morality is applied is made taking into account availability of opportunity at it to proceed to the residence (stay) or work.
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