A/HRC/26/44
body was exhumed in December 2013, but there are no official results of the
investigation.21
43.
The Special Rapporteur continues to urge the prohibition by law of the use and
practice of torture, and for a definition of torture to be adopted in line with the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which
Belarus has ratified. He calls for prompt, impartial and full investigations into all
allegations of torture and ill-treatment, and for the prosecution and punishment of alleged
perpetrators.22 The Committee against Torture has repeatedly made such requests.23
D.
Prison conditions
44.
Some improvements in conditions of detention have been reported by NGOs. As a
result of an apparent reduction of the prison population, cells are less cramped and the
quality of food has improved. However, reports indicate that detention conditions put
prisoners at risk of contracting chronic diseases, as they are cold and damp. This is the case
in prisons in Minsk and Baranavichy and punishment cells in the colonies of Navapolatsk
and Ivatsevichy.24
45.
Article 112 of the Criminal Executive Code of Belarus defines disciplinary
procedures in detention facilities. However, the interpretation of the legislation and ensuing
practice are arbitrary, with reportedly little oversight,25 despite the existence of public
monitoring commissions that operate under the Ministry of Justice26 comprising
representatives of registered NGOs. The latter do undertake visits, which are reported on
annually through the Ministry of Justice, yet there remains scepticism from prisoners as to
their independence and effectiveness, particularly in dealing with complaints.27
46.
It is critical to establish a complaints procedure to combat sexual violence in places
of detention, in accordance with the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders, and to ensure that law
enforcement personnel are trained on the absolute prohibition of sexual violence.28
47.
The Special Rapporteur urges for measures to be undertaken that bring conditions of
detention into line with the standard minimum rules for the treatment of prisoners and other
relevant international and national standards, and that ensure that an independent and
functioning complaints mechanism is established.
21
22
23
24
25
26
27
28
Human Rights Center “Viasna”, Situation of Human Rights in Belarus in 2013: Review-Chronicle
(Minsk, 2014), p. 224 (http://spring96.org/files/reviews/en/2013_review_en.pdf).
A/HRC/23/52, paras. 50–55, and CAT/C/BLR/CO/4, para. 11.
CAT/C/BLR/CO/4.
See footnote 17 above, p. 16.
Ibid., p. 32.
Regulation on the Procedure of Control by the Republican and Local Public Associations Over the
Bodies and Institutions Executing Punishment and Other Criminal Sanctions, approved by Decree No.
1220, Council of Ministers (15 September 2006) and the Regulations on the Procedure for the
Formation and Activities of Public Monitoring Commissions, approved by Decree No. 85, Ministry of
Justice of the Republic of Belarus (15 December 2006).
See footnote 17 above, p.11.
CAT/C/BLR/CO/4, paras. 20 and 21(c)–(d).
9
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