Standing Committee of the House of Representatives of the National Assembly of the Republic of Belarus under the law, considered the appeal of Vitebsk human rights activist Leonid Lightyear, considered inappropriate development and approval of the list of diseases, the presence of which may be considered for release patients from the administrative detention of citizens and its replacement by a more lenient punishment.
Back in December 2014, Leonid Svetik appealed to the parliament with a proposal, in which he asked to apply to the Council of Ministers with the request to develop amendments to the Code of Administrative Offences (CAO) with the list of diseases of the International Statistical Classification of Diseases and related problems health, 10th Revision (ICD-10). This International Classification of Diseases, developed by the World Health Organization, since January 2007, is a common classification for coding medical diagnoses.
Vitebsk human rights activist, addressing of the National Assembly of Belarus, based on the fact that the current Code of Administrative Offences is no specific list of diseases that prevent the serving of administrative arrest.
For example, in Part 2 of Article 6.7 of the Administrative Code contains no direct reference to the fact that the person with the presence of a number of diseases can not be subjected to administrative detention.
Article 8.6 of the Administrative Code requires an exemption from administrative penalty or replace administrative penalties as a result of milder disease. But what of the disease and at what stage - in this article is not specified. This makes it possible to interpret the law enforcer widely disposition of this article, and often leads to a violation of the rights and legitimate interests of citizens.
After receiving a response from the Belarusian parliament, Leonid Svetik expressed surprise at such inhumane response to his proposal. According to human rights, the problem of improving the legislation is a direct function of the Parliament. The absence of a list of diseases that prevent the serving of administrative detention is a space in the legislation complicates the administration of justice and violates the rights of a large category of citizens.
Human rights activist gave the example of a person sentenced to administrative detention of persons with mental illness. According to statistics, says Leonid, every eighth Belarusian suffering from mental and behavioral disorders that require medical care. Non-specialists, which are the police officers and judges, sometimes difficult to recognize in the person of certain diseases and disorders. And this category of patients can easily be sentenced to serving administrative arrest.
These include, for example, depressed patients, which is difficult to detect even psychiatrists. The result - a conviction on administrative detention of citizens suffering from depression, and serving their arrest in the detention center - in a place that is dangerous for people suffering from mental illness.
Leonid Svetik believes that MPs will sooner or later have to go back to the question of the development and approval of the list of diseases, the presence of which may be considered for release patients from the administrative detention of citizens and its replacement by a more lenient punishment. After all, this issue has been resolved positively in some countries - members of the Union State of Belarus and Russia, the TC and the Eurasian Economic Union. In the same Russian, for example, in December 2014 decision of the Russian government approved a list of diseases that prevent the serving of administrative arrest.