A/HRC/26/44 reiterates his call on Belarus to reinstate the licences of lawyers revoked after they represented candidates in the 2010 presidential elections.15 38. Domestic legislation, including Presidential Decree No. 12, undermines the independence of the legal profession by subordinating lawyers to the control of the Ministry of Justice and introducing obligatory membership in a State-controlled bar association. The Special Rapporteur calls upon Belarus to take all appropriate measures, including a review of the Constitution and laws, to meet the international minimum standards as set out in the Basic Principles on the Role of Lawyers, which require Governments to ensure that lawyers “are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” (para. 16), so as to ensure that judges and lawyers are independent of any political or other external pressure.16 C. Torture and other cruel, inhuman or degrading treatment or punishment 39. The Special Rapporteur continues to receive reports of torture and ill-treatment of those held in custody, including cases of violence in detention facilities by both prison staff and inmates under the direction of the prison administration. This includes detainees being beaten by special units of the Interior Ministry aimed at maintaining order in correctional institutions; violence towards inmates by KGB agents while in the KGB pretrial facility; physical and psychological abuse by law enforcement agents to induce a prisoner to perform certain actions or take a certain stand in the criminal case under investigation; and a group of prisoners who attempted to force fellow inmates to write a petition for a pardon or try to make them commit suicide.17 40. Reports demonstrate that it is virtually impossible for a person in custody to bring a complaint for torture to the prosecutor. Invariably the complaint is not processed by the prison administration and the complainant faces repercussions, such as solitary confinement or other harsh physical and psychological ill-treatment. With no oversight of places of detention, torture and ill-treatment remain unchecked. 41. While article 25 of the Constitution of Belarus prohibits torture and cruel treatment, there is no definition of torture in national legislation. In August 2013, the President submitted a draft law18 to the House of Representatives that proposed a definition of torture be considered for inclusion as a footnote to article 128 (a) in the “Crimes against humanity” section of the Criminal Code.19 42. In August 2013, Minsk resident Ihar Ptichkin20 died in unknown circumstances while in detention facility No. 1 (SIZO) in Minsk. Although the official cause of death was a heart attack, relatives believe that he died after a brutal beating by prison officials. The 15 16 17 18 19 20 8 CAT/C/BLR/CO/4, para. 12(c); E/CN.4/2001/65/Add.1, para. 123(c); A/HRC/23/52, para. 119(f); A/HRC/23/52, para. 65. CCPR/C/79/Add.86, para. 14; A/56/44, paras. 45(g) and 46(d); CAT/C/BLR/CO/4, para 12; E/CN.4/2001/65/Add.1, paras. 116 and 123(b); E/CN.4/2005/6/Add.3, paras 45 and 82(a); E/CN.4/2005/35, paras. 33 and 93; A/HRC/20/8, para. 75(i); A/HRC/23/52, para. 67; A/68/276, para. 118(g). Human Rights Center “Viasna”, Report on the Results of Monitoring Prison Conditions in Belarus (Minsk, 2013), p. 14 (https://spring96.org/files/book/en/2013_prison_conditions_en.pdf). http://pravo.by/main.aspx?guid=3941&p0=2013073001, para. 33. http://pravo.by/main.aspx?guid=3941&p0=2013073001. Hartiya, “Ihar Ptichkin was beaten by riot control group”, 17 September 2013 (http://charter97.org/en/news/2013/9/17/75797/).