E/CN.4/2005/6/Add.3
page 12
(ii)
A person can be sentenced by a court to a maximum of 15 days’ imprisonment for
minor offences such as hooliganism, alcohol consumption in public places;
malicious disobedience to an order by a police agent, illegal or unauthorized
assemblies or demonstrations; obstruction of a public thoroughfare or in public
means of transportation.
30.
The Working Group was informed that in some cases, after completing the period in
administrative detention, the person is charged with a criminal offence by decision of the
Prosecutor’s Office. When a deportation order is issued against a foreigner found illegally in the
country, the person may be placed in administrative detention while awaiting deportation. In this
case, the detention lasts until the deportation is carried out, without a time limit.
31.
The illegal crossing of the State border is an administrative offence. It becomes a
criminal offence punishable with up to five years’ imprisonment for organized criminal groups
or repetition of the offence within the same year. Border guards have the competence to act as
investigators in matters relating to illegal crossing of borders and illegal entry into the country.
As such, they can open a criminal case against persons who have been caught illegally entering
the country more than once. In matters relating to organized trafficking of persons, the
competent authority is the KGB.
5. Detention in psychiatric hospitals
32.
The Law on Psychiatric Health and Guarantees of Citizens’ Rights, adopted in 1999, and
the Principles on Providing Psychiatric Aid (Decree No. 337 of 5 November 1999) stipulate
three conditions in which a person can be placed in a psychiatric institution: when there is a risk
for the person or for others; at his or her own request; and at the request of his or her relatives.
The decision to place a person in treatment in those cases or to admit a person into a psychiatric
hospital is made by one single psychiatrist. If the patient refuses treatment, a commission of
psychiatrists must examine him/her and forced treatment requires an authorization from a court.
The court has 10 days to decide whether or not to authorize forced treatment.
33.
Article 30 of the above-mentioned law stipulates the conditions in which a person can be
forced to undergo psychiatric treatment following the commission of a criminal offence. During
the period of pre-trial detention, the Prosecutor’s Office controls the placement in psychiatric
treatment. If a court orders forced psychiatric treatment, a commission of psychiatrists must
decide on the conditions of this treatment, and reviews it on a regular basis (every one to
six months). If the commission decides to discharge the patient, the court must approve this
decision. If the court decides to stop the treatment or not to place the person in forced treatment,
the patient must be immediately released.
III. POSITIVE ASPECTS
34.
The Working Group wishes to stress the cooperation of the Government and the official
authorities met during this visit. With the only regrettable exception of the inmates and
detention facilities under the control of the KGB, the Working Group was able to visit all the
other detention centres and facilities it requested, whether prisons, police stations, administrative
detention centres, pre-trial detention centres, asylum-seeker facilities and the Minsk State
Psychiatric Hospital. The cooperative attitude of the Government was demonstrated by the fact
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