Human Rights Activists Inform Constitutional Court about Contradiction of Articles of New Process-Executive Code of Administrative Violations to Constitution
On 13 March Ales Bialiatski, Uladzimir Labkovich, Tatsiana Reviaka, Valiantsin Stefanovich and Iryna Toustsik applied to the Constitutional Court of Belarus. They ask the court to propose to the Chamber of Representatives of the National Assembly of Belarus amending paragraph 2 of article 11.12 of the Process-Executive Code of Administrative Violations for liquidation of contradictions with article 26 of the Constitution of Belarus.
Here’s the full text:
STATEMENT
On violation of article 26 of the Constitution of the Republic of Belarus
On 1 March 2007 new editions of the Code of Administrative Violations of the Republic of Belarus (CAV) and the Process-Executive Code of the Republic of Belarus on Administrative Violations (PECAV). According to paragraph 3 of article 1.1 of the PECAV is grounded on the Constitution of the Republic of Belarus and the generally accepted norms of the international legislation. According to paragraph 1 of article 14.4 of the PECAV the court rulings that come into legal force serve as a fundament for execution of administrative punishment in the form of corrective labor, administrative arrest, deprival of the right to certain kinds of activity, confiscation and exaction of the cost of the subject of administrative violation.
According to article 14.5 of the PECAV the legislation on execution of administrative punishments is guided by the principles of lawfulness, humanism, democracy, equality of the persons who undergo administrative punishment, differentiation and individualization of the execution of administrative punishment and stimulation of law-obedient behavior.
Thus, according to the legislative norms a court ruling can serve as a ground for administrative punishments only after it comes into legal force.
According to articles 11 and 12 of the PECAV a ruling on administrative punishment comes into legal force on the end of the appeal term in the case it wasn’t appealed in conformity with the legal order. According to paragraph 1 of article 12.4 of the PECAV a ruling on administrative arrest or deportation can be issued within 5-day term. Paragraph 2 of article 11.12 of the PECAV provides that a ruling on administrative arrest or deportation is to be executed immediately.
Thus, athwart the Constitution of the Republic of Belarus, according to the PECAV a ruling on administrative arrest or deportation is to be implemented before the legal enforcement. As a result a person can undergo punishment and then acquitted by court.
In accordance with article 2.7 of the PECAV a person can’t undergo administrative punishment before being found guilty of a violation provided by the CAV.
According to article 26 of the Constitution of the Republic of Belarus nobody can be found guilty in a crime in the case his/her guilt is not proved in conformity with the legal order and registered by a court ruling that has come into legal force.
In connection with the abovementioned we think that paragraph 2 of article 11.12 of the PECAV contradicts to article 26 of the Constitution of the Republic of Belarus.
Thus, being guided by the Constitution of the Republic of Belarus and article 7 of the law of the Republic of Belarus On the Constitutional Court of the Republic of Belarus we ASK TO:
- find paragraph 2 of article 11.12 of the PECAV of the Republic of Belarus;
- make a proposal to the Chamber of Representatives of the National Assembly of the Republic of Belarus for making paragraph 2 of article 11.12 of the PECAV conform to article 26 of the Constitution of the Republic of Belarus.
13 March 2007
