"Fact" daily writes:
The Ministry of Justice proposes to make an addition to the Code of Criminal Procedure. According to part 1 of Article 123 of the Code, house arrest is a limitation of the defendant's freedom, during which he is obliged not to leave the place of residence specified in the court decision. According to the court's decision, the accused may be prohibited, among other things, from having correspondence, telephone conversations, using other forms of communication, including postal delivery.
However, according to Article 38, Part 1 of the Constitution, everyone has the right to education. The necessity of mechanisms for the proper implementation of the rights of persons held in liberty, including the right to education, has also been addressed by a number of international legal documents.
In practice, it is currently not possible to ensure the proper realization of the right to education of persons under house arrest, because the necessary legal regulations are missing. Keeping in mind that the preventive measure of house arrest implies that the person's right to free movement is limited, and the latter cannot visit educational institutions, it is more appropriate to organize their education remotely.
It is recommended to make an amendment to the Code of Criminal Procedure and establish a legal regulation that when applying house arrest by the court, the restrictions on using correspondence, telephone conversations, other forms of communication (including postal delivery) may not be extended to the cases of continuing education at a distance with educational programs to ensure the continuity of education.
Details in today's issue of "Past" daily.
