Miklashevich: Phone tapping without sanction does not confront with Constitution
Piotr Miklashevich, Chairman of the Constitutional Court of Belarus, tells the European Radio for Belarus whether Customs Union agreements are in line with the Constituion; how death penalty can be abolished; and why the court does not check the legality of president's decrees. During a news conference to report on the court's work in 2009, Piotr Miklashevich admitted that the Constituional Court checked if the documents of the Customs Union were in line with Belarus' legal standards. But the check was formal, he said.
As for checking the essence of those agreements, they are normally checked only when the president has doubts over some provisions before signing, Miklashevich said.
Journalists were also interested in his opinion on the export duties applied to the Russian oil that has been supplied to Belarus.
Piotr Miklashevich: “This is not a subject of analysis by the Constitutional Court. I do have my personal point of view, but I can't voice it publicly. I can go public only when it becomes a subject of analysis by the Constitutional Court”.
Хоць і агаварыўся, што, на яго погляд, дамова аб пастаўках нафты ў нашу краіну, падпісаная ў 2007 годзе, працягвае дзейнічаць. Праўда, расіяне сцвярджаюць адваротнае.
Responding to the question from a Euroradio correspondent, Constitutional Court's chairman said that the recently approved amendments to the law on operative and investigative activities does not confront with the Consitution. It means that law-enforcement agencies are allowed to carry out operations tap phones without prosecutor's sanction.
Piotr Miklashevich also reckons that it is legal for law-enforcement agencies to arrest people without prosecutor's sanction. Personal permission by the heads of Interior Ministry, KGB or Department for Financial Investigations would be sufficient.
As for the abolition of death penalty, Miklashevich named two options of handling this issue.
Miklashevich: “There are two possible ways of introducing moratarium on death penalty. And I don't envisage any Constituional or legal hurdles here. As for the abolition, this is the second stage of the final decision, and there are certain Constitutional and legal aspects in this regard”.
He would decline to elaborate on what those aspects are. He just noted that some provisions in the Constitution can be changed by the president or lawmakers, while some provisions can be amended through a referendum only.
Photo by Zmitser Lukashuk
As for checking the essence of those agreements, they are normally checked only when the president has doubts over some provisions before signing, Miklashevich said.
Journalists were also interested in his opinion on the export duties applied to the Russian oil that has been supplied to Belarus.
Piotr Miklashevich: “This is not a subject of analysis by the Constitutional Court. I do have my personal point of view, but I can't voice it publicly. I can go public only when it becomes a subject of analysis by the Constitutional Court”.
Хоць і агаварыўся, што, на яго погляд, дамова аб пастаўках нафты ў нашу краіну, падпісаная ў 2007 годзе, працягвае дзейнічаць. Праўда, расіяне сцвярджаюць адваротнае.
Responding to the question from a Euroradio correspondent, Constitutional Court's chairman said that the recently approved amendments to the law on operative and investigative activities does not confront with the Consitution. It means that law-enforcement agencies are allowed to carry out operations tap phones without prosecutor's sanction.
Piotr Miklashevich also reckons that it is legal for law-enforcement agencies to arrest people without prosecutor's sanction. Personal permission by the heads of Interior Ministry, KGB or Department for Financial Investigations would be sufficient.
As for the abolition of death penalty, Miklashevich named two options of handling this issue.
Miklashevich: “There are two possible ways of introducing moratarium on death penalty. And I don't envisage any Constituional or legal hurdles here. As for the abolition, this is the second stage of the final decision, and there are certain Constitutional and legal aspects in this regard”.
He would decline to elaborate on what those aspects are. He just noted that some provisions in the Constitution can be changed by the president or lawmakers, while some provisions can be amended through a referendum only.
Photo by Zmitser Lukashuk
