SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of July 15, 2002 No. P-144/2002

About ensuring constitutional right of convicts to imprisonment on judicial appeal of the disciplinary measures applied to them

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., the vice-chairman - Maryskin A. V., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Sarkisova E. A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40, parts one of article 116 of the Constitution of the Republic of Belarus of the address concerning refusal of courts in consideration of claims of convicts to imprisonment on application to them of disciplinary measures, established the following.

April 2, 2001. The constitutional court made the decision "On the right of convicts to imprisonment on judicial appeal of the disciplinary measures applied to them". In this decision the Constitutional Court, being guided by provisions of the Constitution of the Republic of Belarus and international legal acts, once again paid attention that stipulated in Article 60 Constitutions the right of citizens to judicial protection belongs to the conventional principles of international law which priority the Republic of Belarus recognizes and provides compliance to them of the legislation. The right to judicial protection belongs to such rights which cannot be limited. Also persons condemned to imprisonment can use it.

The constitutional court also noted that the existing criminal procedure and criminal and executive legislation not providing appellate procedure in court of actions of administration for application to convicts of disciplinary measures actually limits the right of convicts to imprisonment on judicial protection.

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