A/HRC/41/52 degrading treatment or punishment. 8 Moreover, relatives have to suffer from the social stigma linked to the death penalty long after the execution of their close ones, for example by being subject to insults and degrading comments. 23. The Special Rapporteur welcomes the work of the parliamentary working group on the question of the death penalty established in early 2017, but hoped it would be followed by concrete steps to eliminate the handing down and execution of death sentences. The official line that the death penalty should be maintained until a majority of the population supports its abolition should be reconsidered.9 Even if public opinion might still support the retentionist stance, it is up to the Government to lead the debate, provide balanced information on the issue and actively work to change mentalities in favour of abolition. The Special Rapporteur encourages Belarus to study the best practices of abolitionist countries and notes that no referendum is needed where a moratorium can be decided either by the President or the parliament. 2. Torture and other cruel, inhuman or degrading treatment or punishment 24. According to information received, torture and ill-treatment continue to be widespread during interrogations and in places of detention. The Special Rapporteur regrets that torture is still not defined as a separate offence in the Criminal Code. Having a specific definition and article pertaining to torture would ensure that all the elements contained in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are covered (CAT/C/BLR/CO/5, para. 50). 25. The use of torture has been reported as commonly used by law enforcement and investigation officials to intimidate or extract incriminating statements. 10 Information allegedly obtained under duress is still often considered by judges during court hearings and investigations into allegations of torture are not automatically launched. Moreover, acts of torture and ill-treatment are not systematically recorded by medical personnel (Ibid., paras. 7–8). 26. In detention, the lack of oversight of disciplinary punishment and its proportionality in regard to the disciplinary breach raises concerns. Solitary confinement seems to be used often, even for minor breaches.11 In that regard, civil society organizations have continually raised the issue of the repeated and prolonged detention in punishment cells of Michail Žamčužny, founder of a human rights organization sentenced in June 2015 to six years’ imprisonment.12 According to information received, appealing disciplinary measures is very difficult and almost never successful. Examples of the use of article 411 of the Criminal Code against detainees disobeying penitentiary personnel also raises concerns. 13 In one case, a detainee sentenced in 2003 to eight years in prison spent almost double that in detention after being sentenced eight times under article 411. 14 27. The Special Rapporteur has been informed that individuals, including children, detained for drug-related offences are held in particularly harsh conditions. 15 Individuals sentenced under article 328 of the Criminal Code are thought to represent up to 40 per cent of the total prison population and are reportedly forced to wear specific identifying badges 8 9 10 11 12 13 14 15 6 See Committee on Human Rights, general comment No. 36 (2018) on the right to life and CCPR/C/BLR/CO/5, para. 27 (b). See https://naviny.by/new/20190228/1551381481-vlasti-belarusi-ne-planiruyut-otmenyat-smertnuyukazn (in Russian). See www.the-village.me/village/city/yak-pracuye/269693-pytki (in Belarusian) and https://torture.spring96.org/ (in Belarusian and Russian). See https://torture.spring96.org/pytki_zakluchennyh (in Russian). See http://spring96.org/ru/news/92180 (in Russian). Article 411 deals with a systematic failure to obey the legal demands of the administration at a correctional facility. See http://news.21.by/other-news/2018/05/23/1498361.html (in Russian). Ordinance No. 6 of 28 December 2014 toughened criminal responsibility for offences related to drugs, originally spelled out in article 328 of the Criminal Code, notably by lowering the age of criminal responsibility from 16 to 14 years.