To lawyers - direct road to a pre-trial detention centrethe Constitutional court has limited the rights of inspectors
Yesterday the Constitutional court recognised as anticonstitutional one of law positions “ About holding in custody of crimes suspected and accused of fulfilment “ which regulates an order of carrying out of meetings of the citizens who are in pre-trial detention centres, with the lawyers. Decision KS means that now it will be easier to defenders to achieve appointment to clients - suspects.
as already informed, consideration of this business in KS has begun on September, 27th. As an occasion the complaint of citizen Alexander Golomidova who is in a pre-trial detention centre of Nizhni Novgorod on charge in commission of crime has served. In the message in KS he has specified that, agrees ch. 2 items 16 of the law “ About holding in custody of crimes suspected and accused of fulfilment “ the lawyer was supposed on meetings with it “ Only after reception at the inspector of the special permission to each appointment “. And reception of such permissions has been complicated by constant departures of the inspector on office affairs in Joshkar - Olu.
the Applicant has considered that this position contradicts the Organic law as limits its constitutional law on reception of the qualified legal aid, and its realisation is transformed, in essence, into the right of the inspector to admit or not to admit the defender to participation in business.
as well as assumed, the constitutional judges have supported zhalobshchika: yesterday they recognised as unconstitutional challenged position of the law on holding in custody. In verdict KS it is said that the given legislative norm “ Forms the basis of wrongful restrictions of a constitutional law to the aid the lawyer, putting realisation of possibility of appointments of accused (suspect) with the defender in dependence on presence of the special permission of the person or body in which manufacture there is a criminal case “.
Thus, now supervising pre-trial detention centres bodies have not the right to repair any obstacles to defenders if those wish to communicate to the clients from among the accused.
VLADIMIR - Nikolaev