212. It was also inquired
whether
the Ukrainian
SSR intended
to adopt a law
on the right
to leave the country
before the new USSR act had entered
into
force:
what the required
proaedure
was, in practice,
for a national
of the
Ukrainian
SSR who wished to leave the country ; whether
the documents
issued to
a Soviet citizen
wishing
to leave the country
were Valid for one destination
only and whether they permitted his return to the USSR and to the
Ukrainian SSR; whether the new legislation
on the matter would also be
applicable to persons who had previously
submitted applications
and had been
turned down; whether a parson infected with the AIDS virus would be authorised
to enter the country: and under which circumstance6 aliens could be expelled
from the USSR. Members expressed special concern about the fact that the
draft law on the right of entry into and departure from the USSR retained the
principle
that access to state or public sector information
could be grounds
for refusing a passport and noted, in that same regard, that the definition
of
“state security”
did not seem to coincide with the meaninq of the term
“national
security”
used in article
12 of the Covenant.
223. In his reply,
the representative
of the State party agreed that historic
injustice
had been done to the Crimean Tartar6 who had been moved aqainst
their will from their ancestral lands.
They now had to be returned to their
place of origin,
but such a step gave rise to very difficult
problem6 relating
to housing and employment. The Ukrainian authorities,
together with the
Government of the USSR, were nevertheless considering the problem with a view
to orqanizing
a mass repatriation
of the Crimean Tartars.
214. The new draft law on entry and departure from the USSRwas scheduled to
be adopted at the current session of the Supreme Soviet of the USSR and would
bring the provisions
regarding the possibilities
of leaving the country and
returning
to it into line with the Covenant.
The new provision6 would not
have a retroactive
effect but the files of persons who had been refused on one
or more occasions would be treated on an equal basis with other files.
At
present, the exercise of the right to leave the country was impeded by
currency requirements as well as the obligation
to have a residence permit.
When the State no longer had a responsibility
to provide housing for all, many
difficulties
would be eliminated and the obligatory
residence permit could be
abolished.
The abrogation of a number of regulations,
which had hitherto
prevented people from moving to major cities
such as Moscow, Leningrad or Kiev
unless they were in possession of a special permit, was under consideration
by
the authorities.
Aliens permanently resident in the USSR could be required to
undergo a medical examination at the request of a health service,
If they
refused, they were invited
to leave the country.
However, the authorities
tried to avoid recourse to repressive methods in combating AIDS.
t to vrivacy
215. With regard to that issue, members wished to know which authorities
could
request the interception
of private
communications and what was the exact
nature and purpose of the public reprimand set forth in article
130 of the
Criminal Code.
216. In his reply, the representative
of the State party said that the secrecy
of correspondence and the inviolability
of the home were guaranteed to
citizens
by the Constitution.
However, the procurator
could issue a decree
derogating from that right in cases involving
convicted criminals.
No public
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