A/HRC/35/40
involvement in facilitating the exercise of human rights by the inmates of penal institutions,
and when it comes to improving coordination between government agencies and NGOs
engaged in the provision of palliative care services. A further activity refers to continuing
the practice of involving public associations in discussing new legislative drafts,
particularly by including members of such associations in public advisory councils.
75.
In the view of the Special Rapporteur, the four activities envisioned in the plan, or
rather goals in very narrow areas or too broadly formulated, do not represent a sufficient
commitment of the Government to the realization of the recommendations it accepted
during the second cycle of the universal periodic review (see A/HRC/30/3, paras. 127.23127.27). One of the recommendations the Government accepted called for enabling more
effective involvement of civil society in the preparation of legal acts and another for
strengthening further the links of cooperation and coordination with civil society as regards
the promotion and protection of human rights.
E.
Torture and other cruel, inhuman or degrading treatment or
punishment
76.
In Belarus, ill-treatment by various State authorities forms part of a systemic
oppression. The Special Rapporteur continues to be concerned about the flow of
information alleging acts of torture and ill-treatment by law enforcement and prison
officers. Victims generally face obstruction of the judiciary when they call for
investigations into such allegations. Regrettably, the authorities still do not allow access to
the penitentiary system for independent investigators or monitors.
77.
Specifically, reports of violence against women engaged in human rights or political
activities include beatings, sexual assaults, threats of sexual assaults and forced placement
in mental institutions. Some of the illegal acts performed by officials of the State or
representative of local authorities have reportedly led to cases of forced suicides. 19
78.
Mothers’ Movement 328, which remains unregistered, has stated that the procedures
for the criminal conviction of drug addicts, who are often underage, and their treatment
during incarceration are cruel and often amount to torture. The fact that their association is
denied registration also makes remedy of such cases extremely difficult.
79.
As an example of the unwillingness of the prosecutors to investigate cases of illtreatment and torture, an activist who was severely beaten by two policemen during his
arrest on 11 August 2016 was told that his complaint could not be investigated further as he
had failed to identify the person who broke his jaw.
80.
The Special Rapporteur is concerned about a case of violence, including sexual
violence, against a minor in the detention centre in Homiel, where he is incarcerated despite
having a mental illness. His mother filed a complaint and subsequently received threats,
including over the telephone, from the prosecutor in charge of the case. The minor
allegedly wrote a confession, which he denied afterwards. He was sentenced to nine years’
imprisonment.
81.
According to the information available to the Special Rapporteur, many activists
report acts of brutality, including the use of derogatory language and violence, including
sexual violence and threats of sexual violence, when they are questioned by law
enforcement officers.
82.
Acts of torture and ill-treatment in Belarus have been regularly denounced by the
international community. The Special Rapporteur therefore regrets that the inter-agency
plan does not provide for any activity in this regard, not even awareness-raising campaigns
or training for prison officials. The only activity related to the conditions of detention is
19
12
See submission by Belarusian NGOs to the Committee on the Elimination of Discrimination against
Women, “Answers to the list of issues and questions prior to the submission of the eighth periodic
report of Belarus” (2016). Available from http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%
20Documents/BLR/INT_CEDAW_NGO_BLR_25453_E.pdf.
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