1937 again: arbitrary action legitimated

In the second reading deputies of the “chamber of representatives” expanded the range of operational search actions by the State Security Committee (KGB), the Interior Ministry and the Financial Investigations Department of Belarus.

Not only the Prosecutor-General would be able to okay holding operational search actions and initiating criminal actions against persons listed in the register of the president, deputies of the “chamber of representatives” and local Soviets, members of the “council of republic”. It will be also made by the heads of the KGB (State Security Committee), the Interior Ministry and the Financial Investigations Department, BelaPAN informs.

It is envisaged by amendments to some legal acts relating tightening of crime control adopted by the deputies of the “chamber of representatives” on December 11.

The document also gives the Interior Minister, the KGB chairman and the FID director a right to authorize some operational search actions and procedural actions (arrest, search, wiretapping and of talks, dwelling visit and others) without prosecutor’s warrant.

The draft law envisages that such actions would be used in exceptional cases, firstly to prevent heavy, especially grave crimes and corruption crimes.

The leadership of the law-enforcing agencies would be able to adopt decisions on operational search actions and procedural actions under the condition of obligatory informing of the Prosecutor-General within 24 hours. He cannot denounce this resolution, but can lodge a protest against it while exercising constitutional supervising functions.

Besides, with the aim to response to facts of illegal actions by prosecutors promptly, this law also permits the Interior Minister, the KGB chairman and the FID director authorizing operational search actions and initiating criminal actions against prosecutors. The analogous procedure is provided for judges.

As charter97.org website has informed earlier, the initiative to vest the Interior Minister, KGB chairman and the FID head with authority to “authorize some operational search actions, procedural actions and use measure of restraint under reasoned decrees” was put forward by Alyaksandr Lukashenka in August 2009. The Belarusian leader expressed confidence that “leaders of such a high rank” are no less competent as the prosecutor who issues warrants.

According to Belarusian human rights activists, this initiative of the Belarusian dictator to Stalin-era “troikas”, when arrest warrants were issued by the head of the local NKVD branch, a secretary of the regional executive committee and a prosecutor in an extrajudicial procedure. It was done for crushing of “anti-Soviet elements”.

As noted by human rights activists, vesting the heads of the Interior Minister, the KGB and the FID additional powers can lead Belarus to the situation of 1937 and to even greater absence of control of the executive power headed by Lukashenka. In a crucial moment the authorities would be able to organize political purges and stamp out dissent.