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 -52-

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