of November 3, 2003 No. P-161/2003
About guarantees to the person accused in case of the termination of preliminary inquiry in connection with the expiration of prescriptive limits
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shuklina V. Z., having considered based on part one of article 116 of the Constitution of the Republic of Belarus the address on the issue of restriction of the right to appeal to court of the termination of preliminary inquiry on criminal case in connection with the expiration of prescriptive limits, established the following.
According to article 60 of the Constitution of the Republic of Belarus protection of its rights and freedoms by competent, independent and just trial in the terms determined by the law is guaranteed to everyone.
According to Article 8 of the Universal Declaration of Human Rights each person has the right to effective recovery in the rights by competent domestic courts in cases of violation of its basic rights provided to it by the constitution or the law. According to Article 10 of this Declaration each person for determination of its rights and obligations and for establishment of justification of the criminal charge brought to him has the right on the basis of full equality to that its case was considered publicly and with observance of all requirements of justice by independent and just trial.
By article 14 of the International Covenant on Civil and Political Rights it is determined that everyone has the right by consideration of any criminal charge brought to him or in case of determination of its rights and obligations in any civil process to fair and public trial of case by the competent, independent and just trial created based on the law.
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