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

of December 9, 2016 No. 320

About modification and amendments in Regulations of pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs of the Republic of Belarus

Based on part two of article 9 of the Law of the Republic of Belarus of June 16, 2003 "About procedure and conditions of keeping of persons under guards", 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 "About some questions of the Ministry of Internal Affairs and the organizations which are a part of the system of law-enforcement bodies" the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Bring in the Regulations of pre-trial detention centers of criminal executive system of the Ministry of Internal Affairs of the Republic of Belarus approved by the resolution of the Ministry of Internal Affairs of the Republic of Belarus of January 13, 2004 No. 3 (The national register of legal acts of the Republic of Belarus, 2004, No. 22, 8/10502; 2007, No. 57, 8/15804; 2009, No. 27, 8/19959; 2010, No. 82, 8/22088), following changes and amendments:

state Item 3 in the following edition:

"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.";

and 5 to exclude items 4;

in Item 8 of the word of "pre-trial detention center" to replace with the word of "organization";

in Item 9:

state part one in the following edition:

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

the second to add part with words ", the resolution of the chief of territorial authority of internal affairs or administration of correctional facility of open type authorized by the prosecutor";

in Item 11 of the word "about election as measure of restraint the conclusion" shall be replaced with words "about application of measure of restraint in the form of the conclusion";

state Items 15 and 16 in the following edition:

"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 is hung out.

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