Investigator adding witnesses on the list of people who cannot go abroad may be added on the list too
If an investigator of some criminal case decides to add a witness on the list of people forbidden to leave the country for some personal reasons, he or she may be subjected to criminal responsibility. And they may be forbidden to go abroad. ERB told the story of a Brest inhabitant Tatstsyana in one of the previous articles. The girl was forbidden to go abroad because she was a witness in a criminal case. ERB decided to find out whether all people who witnessed a crime were automatically added on the list of people forbidden to go abroad.
As ERB informed, a number of institutions have the right to add people on that list: the Ministry of Internal Affairs, General Office of Public Prosecutor, KGB, Ministry of Justice and Ministry of Defense. To be precise, investigators, judges and members of draft boards can do it. However, the deputy head of the Central Directorate of the preliminary investigation department of the Ministry of Internal Affaires Alyaksandr Ihnatovich assured us that investigators did not have the right to add witnesses on the list of people forbidden to leave the country. And they can be subjected to criminal responsibility for such license.
Alyaksandr Іhnatovіch: “Procedural requirement cannot be used against witnesses. In this case the investigator is abusing power and may be subjected to criminal responsibility. That is why it cannot happen. If it did take place then we would investigate and dispute it. And the status would be changed immediately”.
Witnesses in cases investigated by the Office of Public Prosecutor cannot be added on the list either. The head of the press service of the General Office of Public Prosecutor Mihail Vavula told ERB:
Mіhaіl Vavula: “Investigators from the Office of Public Prosecutor dealing with criminal cases should inform the Ministry of Internal Affaires about the people subjected to criminal responsibility. Their duties end there. Information about witnesses in criminal or administrative cases is not send anywhere. They only know that they witness in those cases. That’s it. The information is not sent to the information centre of the Ministry of Internal Affaires”.
He also explained why witnesses could not be added on the list of people forbidden to leave the country even by mistake.
Mіhaіl Vavula: “The information sent to the information centre of the Ministry of Internal Affaires is presented on paper and on electronic media. Special statistic cards are filled in, the role of the person in the criminal case is mentioned there. Such cards are not created for witnesses. So what else can we discuss?”
The deputy head of the staff and ideology department of the Ministry of Justice Lyudmila Mazan assured ERB that judges could not impose any sanctions on witnesses or take decisions about adding them on the list of people forbidden to go abroad. She said that the very possibility of any limitations imposed on witnesses or adding them on that list was nonsense.
Lyudmіla Mazan: “It is a collection of some fibs. That is what I can say about it”.
Like the deputy head of the Central Directorate of the preliminary investigation department of the Ministry of Internal Affaires Alyaksandr Ihnatovich, the official from the Ministry of Justice says that people who committed such a violation will surely be punished.
Lyudmіla Mazan: “If such violations took place, people responsible for them will have to give account for it”.
She also advised to turn to the Ministry of Justice if a witness was added on the list of people forbidden to go abroad. She said it was necessary to leave your name, surname, the case and your role in it. You should send an e-mail to [email protected] or phone 200-96-84, 200-97-55. If the investigator did not have any reason for adding you on that list he or she may be subjected to criminal responsibility and lose the opportunity to spend vacations abroad.
ERB has informed the inhabitant of Brest Tatstsyana about everything the officials said. She promised to consider the possibility of complaining to the Ministry of Justice. If the girl decides to punish the investigators who abused power, ERB will inform about it. Especially as there are a lot of people who turned into victims out of witnesses and found themselves on the list of people forbidden to go abroad. In spite of the fact that it is impossible.
As ERB informed, a number of institutions have the right to add people on that list: the Ministry of Internal Affairs, General Office of Public Prosecutor, KGB, Ministry of Justice and Ministry of Defense. To be precise, investigators, judges and members of draft boards can do it. However, the deputy head of the Central Directorate of the preliminary investigation department of the Ministry of Internal Affaires Alyaksandr Ihnatovich assured us that investigators did not have the right to add witnesses on the list of people forbidden to leave the country. And they can be subjected to criminal responsibility for such license.
Alyaksandr Іhnatovіch: “Procedural requirement cannot be used against witnesses. In this case the investigator is abusing power and may be subjected to criminal responsibility. That is why it cannot happen. If it did take place then we would investigate and dispute it. And the status would be changed immediately”.
Witnesses in cases investigated by the Office of Public Prosecutor cannot be added on the list either. The head of the press service of the General Office of Public Prosecutor Mihail Vavula told ERB:
Mіhaіl Vavula: “Investigators from the Office of Public Prosecutor dealing with criminal cases should inform the Ministry of Internal Affaires about the people subjected to criminal responsibility. Their duties end there. Information about witnesses in criminal or administrative cases is not send anywhere. They only know that they witness in those cases. That’s it. The information is not sent to the information centre of the Ministry of Internal Affaires”.
He also explained why witnesses could not be added on the list of people forbidden to leave the country even by mistake.
Mіhaіl Vavula: “The information sent to the information centre of the Ministry of Internal Affaires is presented on paper and on electronic media. Special statistic cards are filled in, the role of the person in the criminal case is mentioned there. Such cards are not created for witnesses. So what else can we discuss?”
The deputy head of the staff and ideology department of the Ministry of Justice Lyudmila Mazan assured ERB that judges could not impose any sanctions on witnesses or take decisions about adding them on the list of people forbidden to go abroad. She said that the very possibility of any limitations imposed on witnesses or adding them on that list was nonsense.
Lyudmіla Mazan: “It is a collection of some fibs. That is what I can say about it”.
Like the deputy head of the Central Directorate of the preliminary investigation department of the Ministry of Internal Affaires Alyaksandr Ihnatovich, the official from the Ministry of Justice says that people who committed such a violation will surely be punished.
Lyudmіla Mazan: “If such violations took place, people responsible for them will have to give account for it”.
She also advised to turn to the Ministry of Justice if a witness was added on the list of people forbidden to go abroad. She said it was necessary to leave your name, surname, the case and your role in it. You should send an e-mail to [email protected] or phone 200-96-84, 200-97-55. If the investigator did not have any reason for adding you on that list he or she may be subjected to criminal responsibility and lose the opportunity to spend vacations abroad.
ERB has informed the inhabitant of Brest Tatstsyana about everything the officials said. She promised to consider the possibility of complaining to the Ministry of Justice. If the girl decides to punish the investigators who abused power, ERB will inform about it. Especially as there are a lot of people who turned into victims out of witnesses and found themselves on the list of people forbidden to go abroad. In spite of the fact that it is impossible.
