Public oversight in Belarus
Legislative framework for the implementation of oversight of bodies and institutions executing punishments by public associations in Belarus.
Oversight by public associations over the activities of bodies and institutions executing punishments is provided for by Article 6 of the Law of the Republic of Belarus of 9 June 2006, No. 122-Z, ‘On Amendments and Additions to the Criminal, Criminal-Procedural, and Criminal-Executive Codes of the Republic of Belarus regarding the improvement of the procedure for the execution of punishments and other measures of criminal liability’.
Adopted by the House of Representatives on 5 May 2006, approved by the Council of the Republic on 23 May 2006.
Within the framework of implementing this provision of the Law, the Council of Ministers of the Republic of Belarus adopted Resolution No. 1220 on 15 September 2006, which approves the ‘Regulations on the procedure for the implementation of oversight by republican and local public associations over the activities of bodies and institutions executing punishment and other measures of criminal liability’.
Based on Clause 6 of these Regulations, the Ministry of Justice of the Republic of Belarus subsequently approved by its Resolution No. 85 the ‘Instruction on the procedure for the formation and activities of public supervisory commissions and the personal record of a candidate for commission membership’.
Below are the texts of these documents:
LAW OF THE REPUBLIC OF BELARUS of 9 June 2006, No. 122-Z
On Amendments and Additions to the Criminal, Criminal-Procedural, and Criminal-Executive Codes of the Republic of Belarus regarding the improvement of the procedure for the execution of punishments and other measures of criminal liability (fragment)
Article 6. Within three months after the official publication of this Law, the Council of Ministers of the Republic of Belarus shall:
determine the grounds and procedure for the implementation of oversight by public associations over the activities of bodies and institutions executing punishment and other measures of criminal liability;
bring the decisions of the Government of the Republic of Belarus into compliance with this Law;
ensure the review and cancellation of normative legal acts by republican state administration bodies subordinate to the Council of Ministers of the Republic of Belarus that contradict this Law;
take other measures necessary for the implementation of the provisions of this Law.
President of the Republic of Belarus A. Lukashenko
REGULATIONS
on the procedure for the implementation of oversight by republican and local public associations over the activities of bodies and institutions executing punishment and other measures of criminal liability
CHAPTER 1
GENERAL PROVISIONS
1. These Regulations determine the procedure for the implementation of oversight by republican and local public associations (hereinafter – public associations) over the activities of bodies and institutions executing punishment and other measures of criminal liability*, as well as the procedure for the participation of public associations in the work of such bodies and institutions.
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*Open-type correctional institutions, arrest houses, correctional institutions, criminal-executive inspections of territorial bodies of internal affairs.
2. Oversight over the activities of bodies and institutions executing punishment and other measures of criminal liability is carried out by public associations in order to ensure the rights of persons with respect to whom punishments and other measures of criminal liability are executed by these bodies and institutions, as provided for by the Constitution of the Republic of Belarus, universally recognised principles and norms of international law, international treaties of the Republic of Belarus, and legislative acts of the Republic of Belarus.
3. Public associations participate in the correction of convicts and also provide assistance in the work of bodies and institutions executing punishment and other measures of criminal liability.
CHAPTER 2
ENTITIES EXERCISING OVERSIGHT OVER THE ACTIVITIES OF BODIES AND INSTITUTIONS EXECUTING PUNISHMENT AND OTHER MEASURES OF CRIMINAL LIABILITY
4. Oversight by public associations (hereinafter – public oversight) over the activities of bodies and institutions executing punishment and other measures of criminal liability is carried out by involving representatives of public associations in the composition of public supervisory commissions (hereinafter – commissions). Only members of the commissions have the right to exercise public oversight over the activities of bodies and institutions executing punishment and other measures of criminal liability.
5. The system of commissions consists of:
the Republican public supervisory commission under the Ministry of Justice, formed from representatives of republican public associations and carrying out its activities throughout the territory of the Republic of Belarus;
regional and Minsk city public supervisory commissions under the justice departments of regional executive committees and the Minsk city executive committee, formed from representatives of local public associations and carrying out their activities within the territory of the corresponding administrative-territorial units of the Republic of Belarus.
6. Members of the commission may be citizens of the Republic of Belarus who have reached the age of 25 and are representatives of public associations registered in accordance with the established procedure, whose statutory purpose or area of activity is the protection of citizens’ rights, including assistance in protecting the rights of those convicted to punishments and other measures of criminal liability.
Commissions are formed with a composition of three to eleven members.
The candidacy of a commission member is nominated by the supreme body of the public association.
The public association that has nominated the candidate for the commission member submits to the Ministry of Justice (or the justice department of the regional (Minsk city) executive committee) a proposal for the approval of this candidacy and presents for approval a character reference and the personal record of the candidate for commission membership in the form approved by this Ministry.
The Ministry of Justice (or the justice department of the regional (Minsk city) executive committee), within a period not exceeding thirty calendar days, shall consider the proposal of the public association and make a decision on the approval of the candidate for commission member or on the rejection of the proposed candidacy.
7. The powers of a commission member are suspended by the relevant justice body if one of the following circumstances exists:
the entry into legal force of a court decision on the application of administrative arrest to the commission member – for the duration of the administrative arrest;
the application of detention as a preventive measure to a commission member suspected of committing a crime – until the issue of bringing charges is decided;
the charging of a commission member as an accused – until the criminal case is terminated due to the absence of a socially dangerous act provided for by criminal law, or the absence of elements of a crime in the act, or until an acquittal judgement of the court enters into legal force regarding the commission member;
the recognition of the commission member as missing by a court decision that has entered into legal force.
In the cases provided for by the first part of this clause, the interrogator, investigator, prosecutor, or court must immediately send information about the circumstances serving as grounds for the suspension of the powers of the commission member to the Ministry of Justice (or the justice department of the regional (Minsk city) executive committee).
The powers of a commission member are terminated by the relevant justice body on the following grounds:
the submission by the commission member of a written statement of resignation of their powers to the Ministry of Justice (or the justice department of the regional (Minsk city) executive committee);
the entry into legal force of a conviction judgement of the court regarding the commission member or a court decision on the application of compulsory security and treatment measures to them;
the entry into legal force of a court decision recognising the commission member as legally incapable or partially capable;
the termination of the commission member’s citizenship of the Republic of Belarus;
the death of the commission member;
a decision of the public association that nominated the candidate for commission member regarding the improper performance of their duties;
the liquidation of the public association that nominated the candidate for commission member;
in the case provided for by the third part of clause 11 of these Regulations.
8. Persons who have an unexpunged or outstanding conviction, or who have been recognised by a court as legally incapable or partially capable, as well as judges and lawyers, cannot be members of commissions.
A commission member is not entitled to exercise public oversight over a person located in an open-type correctional institution, arrest house, or correctional institution (hereinafter – institution) if they are a close relative of said person, or the victim, witness, defence counsel, or other person participating in the criminal proceedings in which the person located in the institution is involved.
9. To visit an institution, the commission shall send a corresponding written request addressed to the head of the Department for the Execution of Punishments of the Ministry of Internal Affairs for the region, for the city of Minsk, or for the Minsk region, specifying the purpose of the visit and the number of commission members (no more than three) who will participate in the visit.
To visit a criminal-executive inspection of a territorial body of internal affairs, the commission shall send a written request addressed to the head of the main directorate of internal affairs of the Minsk city executive committee or the directorate of internal affairs of a regional executive committee.
After receiving permission to visit the institution or said criminal-executive inspection, the commission shall coordinate the date and time of the visit with the head of the institution, and in the case of visiting a criminal-executive inspection – with the head of the territorial body of internal affairs.
Direct access of commission members to the protected territory of correctional institutions is carried out in the manner established by the normative legal acts of the Ministry of Internal Affairs.
CHAPTER 3
POWERS OF THE PUBLIC SUPERVISORY COMMISSION
10. The commission, as well as its members, have the right to:
upon obtaining permission in the manner established by clause 9 of these Regulations, visit the premises of bodies and institutions executing punishment and other measures of criminal liability, provided that the internal regulations of said bodies and institutions are observed;
converse with persons held in institutions, subject to the consent of said persons and in the presence of a representative of the institution’s administration;
appeal to the head of the institution or their deputy, as well as to other officials of state bodies within whose jurisdiction matters related to ensuring the rights and legal interests of persons located in institutions fall.
During the period of the introduction of a special regime in correctional institutions, visits by the commission to said institutions may be prohibited or restricted.
11. When exercising oversight, commission members are obliged to comply with the provisions of normative legal acts regulating the activities of bodies and institutions executing punishment and other measures of criminal liability, as well as to obey the lawful demands of the staff of such bodies and institutions.
When exercising oversight, commission members are prohibited from:
obstructing the performance of official duties by staff of bodies and institutions executing punishment and other measures of criminal liability;
becoming acquainted with materials of operational-official activities, personal files of convicts, and other documents relating to the execution of punishments and other measures of criminal liability in relation to specific convicts;
gaining access to the complex of engineering and technical means for ensuring the security and supervision of convicts in correctional institutions;
transferring correspondence, monetary funds, or other property to convicts held in correctional institutions;
carrying out filming, photography, video recording, or audio recording;
accepting written appeals from convicts serving sentences in the form of arrest, imprisonment, or life imprisonment.
In the event of a violation of the requirements of criminal-executive legislation, the provision of knowingly false information about the activities of bodies and institutions executing punishment and other measures of criminal liability to a foreign state, a foreign or international organisation, or mass media, the commission of actions that disorganise the work of institutions, inciting convicts to disobey the lawful demands of the staff of bodies and institutions executing punishment and other measures of criminal liability, and the commission of other unlawful actions, upon the recommendation of the heads of the directorates of the Department for the Execution of Punishments of the Ministry of Internal Affairs for the regions, the city of Minsk, and the Minsk region, the main directorate of internal affairs of the Minsk city executive committee, and the directorate of internal affairs of a regional executive committee, a commission member may be excluded from the Republican public supervisory commission under the Ministry of Justice by a decision of the Minister of Justice, or from a regional (Minsk city) public supervisory commission by a decision of the head of the justice department of the regional (Minsk city) executive committee.
CHAPTER 4
PARTICIPATION OF PUBLIC ASSOCIATIONS IN THE ACTIVITIES OF BODIES AND INSTITUTIONS EXECUTING PUNISHMENT AND OTHER MEASURES OF CRIMINAL LIABILITY
12. The subjects of the participation of public associations in the activities of bodies and institutions executing punishment and other measures of criminal liability are:
public supervisory commissions;
public associations registered in accordance with the established procedure that have coordinated activities for providing assistance with the administration of bodies and institutions executing punishment and other measures of criminal liability.
13. The participation of public associations in the activities of bodies and institutions executing punishment and other measures of criminal liability is carried out:
13.1. in the following areas:
improving the conditions of detention and medical-sanitary provision of convicts held in institutions;
participation in organising the labour, leisure, and education of convicts;
participation in the moral, legal, cultural, social, labour, and physical upbringing and development of convicts;
ensuring the freedom of conscience and freedom of religion of convicts held in institutions;
providing assistance to convicts in preparing for release, resolving issues of housing, employment, medical care and social security, social-psychological rehabilitation, and adaptation;
strengthening the material-technical base of bodies and institutions executing punishment and other measures of criminal liability;
13.2. taking into account the recommendations of the commissions, in the following forms:
providing gratuitous (sponsorship) assistance to bodies and institutions executing punishment and other measures of criminal liability;
financing programmes of assistance to bodies and institutions executing punishment and other measures of criminal liability;
in other forms not prohibited by legislative acts.
Public associations provide gratuitous (sponsorship) assistance to such bodies and institutions in the manner established by the legislative acts of the Republic of Belarus.
CHAPTER 5
GUARANTEES FOR THE ACTIVITIES OF PUBLIC SUPERVISORY COMMISSIONS AND PUBLIC ASSOCIATIONS PROVIDING ASSISTANCE TO THE ACTIVITIES OF BODIES AND INSTITUTIONS EXECUTING PUNISHMENT AND OTHER MEASURES OF CRIMINAL LIABILITY
14. A public association that has nominated a candidate for commission member is entitled to reimburse the commission member for expenses associated with the performance of their activities.
Commissions and their members cannot receive financial remuneration for their activities in exercising public oversight from state bodies, organisations regardless of the form of ownership, or individual citizens.
15. The administration of bodies and institutions executing punishment and other measures of criminal liability shall provide assistance to commissions in the exercise of public oversight.
INSTRUCTION
on the procedure for the formation and activities of public supervisory commissions
1. The Instruction on the procedure for the formation and activities of public supervisory commissions (hereinafter – the Instruction) determines the procedure for the formation of the Republican public supervisory commission under the Ministry of Justice of the Republic of Belarus (hereinafter – the Republican Commission), the procedure for the formation of regional and Minsk city public supervisory commissions under the justice departments of regional executive committees and the Minsk city executive committee (hereinafter – regional, Minsk city commissions), the procedure for organising their activities, and the procedure for the interaction of the Republican Commission with regional and Minsk city commissions.
2. The Republican Commission is formed with a composition of 3 to 11 people. The personal composition of the Republican Commission is approved by an order of the Minister of Justice of the Republic of Belarus.
Information about the composition of the Republican Commission is sent by the Ministry of Justice of the Republic of Belarus to the Ministry of Internal Affairs of the Republic of Belarus and is published in the mass media.
3. Regional and Minsk city commissions are formed with a composition of 3 to 11 people. The personal composition of a regional or Minsk city commission is approved by an order of the head of the justice department of the corresponding regional executive committee or the Minsk city executive committee.
Information about the composition of regional and Minsk city commissions is sent by the justice departments of the regional executive committees or the Minsk city executive committee to the directorate of internal affairs of the corresponding regional executive committee or the Minsk city executive committee and is published in the mass media.
4. The Republican Commission, as well as regional and Minsk city commissions (hereinafter – commissions), carry out their activities in accordance with the Constitution of the Republic of Belarus, laws of the Republic of Belarus, normative legal acts of the President of the Republic of Belarus, other legislative acts, and this Instruction.
Commissions determine their areas of activity themselves in accordance with the powers assigned to them by legislation.
5. The commission is headed by a chairperson, elected by the commission from among its members in coordination with the Ministry of Justice of the Republic of Belarus (chairperson of the Republican Commission) or with the justice departments of the regional executive committees or the Minsk city executive committee (chairpersons of the corresponding regional or Minsk city commissions).
The preparation of materials for consideration by the commission and the management of documentation are entrusted to a secretary of the commission, elected by the commission from among its members upon the proposal of the commission chairperson.
The chairperson and secretary of the commission are elected by open vote by a simple majority of votes.
6. The chairperson ensures the preparation of the commission meeting or entrusts the provision of preparation to the commission members.
The chairperson of the commission determines the time and place of the commission meeting, as well as the meeting agenda.
7. The chairperson of the commission determines the frequency of commission meetings based on actual necessity, but no less frequently than once every six months.
8. Representatives of interested state bodies may participate in the work of the commission with the right to an advisory vote.
9. The commission is authorised to make decisions if more than half of its members are present at the meeting. Decisions are made by a simple majority of votes. In the event of a tie, the decision for which the chairperson of the commission has voted is adopted.
10. The proceedings of the commission meeting, as well as the decisions made by the commission, are documented in minutes, to which proposals and conclusions of the commission, which are of a recommendatory nature, may be attached.
The minutes are signed by the chairperson and the secretary of the commission.
11. The minutes of the Republican Commission meeting are sent together with attachments to the Ministry of Justice of the Republic of Belarus and the Ministry of Internal Affairs of the Republic of Belarus.
The minutes of regional and Minsk city commission meetings, together with attachments, are sent to the justice department and the directorate of internal affairs of the corresponding regional executive committee or the Minsk city executive committee, and, if necessary, to the Republican Commission.
12. Any issue pertaining to the competence of public supervisory commissions may be submitted for discussion at a commission meeting.
13. Commission members are obliged to carry out the decisions of the commission and the instructions of the commission chairperson on issues of the commission’s activities in accordance with the competence of the commission as defined by legislation.
14. In order to exercise the powers granted to the commissions, the Ministry of Justice of the Republic of Belarus and the justice departments of the regional executive committees or the Minsk city executive committee provide assistance in organising the meetings of the respective commissions.
15. The Ministry of Justice of the Republic of Belarus provides organisational support for the activities of the Republican Commission, provides it with premises for conducting meetings, computer and other equipment for the preparation of necessary documents, and provides methodological assistance.
16. The justice departments of the regional executive committees or the Minsk city executive committee provide organisational support for the activities of the respective regional or Minsk city commissions, provide them with premises for conducting meetings, computer and other equipment for the preparation of necessary documents, and provide methodological assistance.
17. Within the limits of the powers granted to public supervisory commissions, regional and Minsk city commissions carry out interaction with the Republican Commission.
18. If it is necessary to resolve issues at the republican level, the decisions made at meetings of regional or Minsk city commissions are sent to the Republican Commission for discussion at its meetings.
19. In case of necessity, the Republican Commission makes a decision on sending the proposals and conclusions of regional or Minsk city commissions to the Ministry of Justice of the Republic of Belarus and the Ministry of Internal Affairs of the Republic of Belarus.
The Republican Commission informs regional and Minsk city commissions about the decision taken.
Personal record of a candidate for commission member. Annex to the Resolution of the Ministry of Justice
of the Republic of Belarus dated 15.12.2006, No. 85
Space for
a photographic
card
of a candidate from _________________________________________________________________
(name of the public association)
for membership in ______________________________________________________________________
(name of the public supervisory commission)
1. Surname ___________________________________________________________________
First name _______________________ Patronymic __________________________________________
_____________________________________________________________________________
(if the surname, first name, or patronymic have been changed, please indicate them)
2. Day, month, and year of birth _________________________________________________
3. Place of birth ____________________________________________________________
4. Citizenship _______________________________________________________________
5. Education _______________________________________________________________
6. Address of permanent residence __________________________________________
telephone _________________________
7. Place of work, position ____________________________________________________
telephone _________________________
8. Details of the identity document:
name of the document __________________________________ No. __________________
series ____________________ issued by __________________________________________
date of issue __________________________________________________________________
9. The candidacy of the commission member was nominated by a decision of the supreme body of ________________
(name of the
_____________________________________________________________________________
supreme body of the public association, date of meeting, protocol number)
10. I confirm that in relation to me _________________________________________
(surname, initials)
there is no unexpunged or outstanding conviction, nor a court decision recognising me as legally incapable or partially capable.
________________________
(date of completion)
_______________________
(signature)
Note. The personal record of the candidate is completed by the candidate themselves.