the Supreme Court of the former USSR had had on the status and functioning of
the Supreme Court of Belarus; why the right to vote was denied to people in
custody under procedures established under criminal procedural law; whether,
pending new legislation, the criminal legislation of the former USSR was still
in force; and whether Jewish people, perceived elsewhere in the world as a
religious minority, continued to be qualified, as under earlier Soviet law, as
a national minority. Clarification was also requested on the selection and
nomination of judges, their career structure and the disciplinary measures to
which they were subject; on the role actually played by the Procurator's
Office, especially with respect to the courts; on the role of the police, and
on the procedure for appeal against decisions and actions of State bodies or
officials, as well as against death sentences passed by the Supreme Court of
Belarus. In addition, they wished to know whether domestic legislation that
contravened the Covenant would be declared null and void and whether the
Covenant would be applied directly in the courts.
527. In reply, the representative of the State party said that the dissolution
of the USSR had given rise to economic disruptions, but as far as the rights
of citizens were concerned, there had been an enormous step forward. After
the ratification of the Covenant, many texts had been adopted to guarantee the
exercise of human rights. At present, those guarantees were being expanded
and increased. Nearly all the laws enacted since 1990 included a provision
stating that, if a particular question was not covered by a law, the
international rule applied. TUe draft of the new Constitution on which the
Committee members had based their comments had been revised several times and
was already out of date. The latest draft was designed to reflect as much of
the experience of other countries as possible, so that a workable Constitution
would be produced. Pending the adoption of new legislation, the laws of the
former USSR were still in force, provided that they did not flagrantly
contradict the direction being taken by the new Republic. In other cases,
Belarus had applied the provisions of international standards such as the
Covenant. Belarus was committed to respecting its international obligations
under the treaties to which it was a party; therefore, there was no need to
incorporate the Covenant into the Constitution. Concerning the withdrawal of
voting rights from persons in detention, the Ministry of Justice would
endeavour to ensure that the anomaly was removed in the new legislation. The
legislation affecting the activities of procurators had not been changed;
however, in practice, procurators merely offered their opinions in their
capacity as prosecuting counsel acting on behalf of the State. There were
plans to place the Procurator's Office under the authority of the Ministry of
Justice in order to remove its influence over the courts altogether.
528. There was as yet no Administrative Court in Belarus and the law currently
in force regarding violations of citizens* rights was that of the former
Soviet Union. One of several possibilities being considered was action by a
collegiate body, which could be appealed against. The new Criminal Code was
still at the drafting stage.
529. The representative said that 77 nationalities currently lived together in
Belarus. The four main minorities were Ukrainians, Russians, Poles and Jews.
A draft law on the question of minorities would probably be adopted on second
reading at the autumn session of Parliament. Members of national minorities
in Belarus enjoyed the same rights as all other citizens of the Republic.
There were about 700,000 Jews in Belarus and they possessed their own
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