For how many years can you remain on the list of people forbidden to go abroad?
According to a judge of the Constitutional Court, even if a person is accused of some crime, they cannot remain on the list for more than a year. As ERB informed, a decision of the investigator is enough to add a person on the list of people forbidden to leave the country. It can be an accused or a suspect and they may not be asked for a written undertaking not to leave the country. An investigator simply decides to forbid a person to leave the country and his or her name is added in the data bank of people forbidden to go abroad.
A judge of the Constitutional Court Valyantsin Shuklin says that even if a suspect is added on that list, it will not be for a long time.
Valyantsіn Shuklіn: “It is not for a long time. A person cannot be a suspect for one, two or three years. A decision whether to make him an accused or not should be taken. It he is not announced to be an accused then he is innocent”.
However, if a person becomes an accused, they may be forbidden to leave the country for a rather long period. He said it could not last for more than a year or a little more.
Valyantsіn Shuklіn: “If a person is accused of something, the investigation may last for a year or even more. Then they must stay in the country. They should be interested in it if they are not guilty”.
The police do not really care about depriving innocent people of their right to go abroad. The most important thing is to prevent a criminal from fleeing abroad to avoid Belarusian justice.
The deputy head of the Main department of preliminary investigation of the Ministry of Internal Affairs Alyaksandr Ihnatovich could not answer whether suspects and accused will be forbidden to leave the country during the period of investigation. He said that it depended on the case and on the person.
Alyaksandr Іhnatovіch: “I cannot give you a general answer about specific situations. You need to know who the person is. Whether he is an accused or a civil respondent”…
The fourth year of being a suspect in a criminal case will pass on April 4 for the leader of the UCP Anatol Lyabedzka. He was added on the list of people forbidden to go abroad on one of the last days of 2007. The politician does not know how long the investigation will last and how long he will not be able to go abroad.
Anatol Lyabedzka: “It is a vicious circle you can spend 10 and even 15 year in. The Office of the Public Prosecutor stressed the legal aspect of the case and claimed there was no reason to forbid me to go abroad. At the same time they keep telling me that I am a suspect in a criminal case that has not been closed. The Ministry of Internal Affaires refers to it”.
According to a human rights defender Alena Tankachova, the investigation can last for as long as the investigator would like. And a person will be forbidden to leave the country during the period.
Alena Tankachova: “They will remain on the list for the duration of the investigation. By the highest standards, it may last forever if it is necessary. The legislation allows to delay it for as long as investigators need”.
In her opinion, only those who have given a written undertaking not to leave the country should be added on the list. Adding everyone an investigator likes on the list of people forbidden to go abroad is illegal.
Alena Tankachova: “If they only added people who had given a written undertaking not to leave the country on the list it could be discussed from the legal point of view. However, in the current situation Lyabedzka and others will have to stay in the country for as long and the authorities need”.
A judge of the Constitutional Court Valyantsin Shuklin says that even if a suspect is added on that list, it will not be for a long time.
Valyantsіn Shuklіn: “It is not for a long time. A person cannot be a suspect for one, two or three years. A decision whether to make him an accused or not should be taken. It he is not announced to be an accused then he is innocent”.
However, if a person becomes an accused, they may be forbidden to leave the country for a rather long period. He said it could not last for more than a year or a little more.
Valyantsіn Shuklіn: “If a person is accused of something, the investigation may last for a year or even more. Then they must stay in the country. They should be interested in it if they are not guilty”.
The police do not really care about depriving innocent people of their right to go abroad. The most important thing is to prevent a criminal from fleeing abroad to avoid Belarusian justice.
The deputy head of the Main department of preliminary investigation of the Ministry of Internal Affairs Alyaksandr Ihnatovich could not answer whether suspects and accused will be forbidden to leave the country during the period of investigation. He said that it depended on the case and on the person.
Alyaksandr Іhnatovіch: “I cannot give you a general answer about specific situations. You need to know who the person is. Whether he is an accused or a civil respondent”…
The fourth year of being a suspect in a criminal case will pass on April 4 for the leader of the UCP Anatol Lyabedzka. He was added on the list of people forbidden to go abroad on one of the last days of 2007. The politician does not know how long the investigation will last and how long he will not be able to go abroad.
Anatol Lyabedzka: “It is a vicious circle you can spend 10 and even 15 year in. The Office of the Public Prosecutor stressed the legal aspect of the case and claimed there was no reason to forbid me to go abroad. At the same time they keep telling me that I am a suspect in a criminal case that has not been closed. The Ministry of Internal Affaires refers to it”.
According to a human rights defender Alena Tankachova, the investigation can last for as long as the investigator would like. And a person will be forbidden to leave the country during the period.
Alena Tankachova: “They will remain on the list for the duration of the investigation. By the highest standards, it may last forever if it is necessary. The legislation allows to delay it for as long as investigators need”.
In her opinion, only those who have given a written undertaking not to leave the country should be added on the list. Adding everyone an investigator likes on the list of people forbidden to go abroad is illegal.
Alena Tankachova: “If they only added people who had given a written undertaking not to leave the country on the list it could be discussed from the legal point of view. However, in the current situation Lyabedzka and others will have to stay in the country for as long and the authorities need”.
