A/HRC/41/52 2. Juvenile justice 54. Until now, Belarus has lacked a comprehensive juvenile justice system. That concern has recently been raised by the Committee against Torture in its review of Belarus on 30 April 2018 and is of particular importance in view of the upcoming review of Belarus by the Committee on the Rights of the Child. In the past, Government officials did not see the need to develop a fully-fledged juvenile justice system 58 but have expressed their readiness to explore options.59 The Special Rapporteur believes that this is a positive step, taking into account that the Convention on the Rights of the Child requires States parties to promote the establishment of a specific judicial system applicable to children (art. 40.3). However, the Special Rapporteur encourages the Government to adopt a broad approach to the issue, since the development of a fully-fledged juvenile justice system requires reform processes related to prevention, investigation, prosecution, the judiciary and the penitentiary system.60 55. The strong stand taken towards children sentenced in relation to drug-related offences under article 328 of the Criminal Code illustrates the necessity to revise the current system. The Special Rapporteur has been informed of several cases of minors caught in possession of small amounts of drugs who have been sentenced to lengthy prison terms of 8 to 11 years. In 29 cases, children have reportedly been recruited for small courier jobs through social media networks without knowing what they were actually transporting. Despite common allegations against minors that they were involved in organized criminal groups, the Special Rapporteur is only aware of one case in which an adult was charged under article 172 of the Criminal Code for “involvement of a minor in the commission of a crime”.61 Conditions of detention of such juveniles have also been reported as poor, with insufficient food, clothing and medication.62 Forced labour, lack of access to education and restriction on contacts with relatives have also been reported. 56. The Special Rapporteur is concerned that disproportionate sentences have been handed down to children without due consideration of their specific status and needs and without the best interests of the child in mind. She would like to point out that the arrest, detention or imprisonment of a child must be the last resort and for the shortest appropriate time while taking into account his or her specific needs. 63 3. Deportation of foreign nationals 57. Foreign nationals living in Belarus for many years risk being deported to their country of origin for minor administrative offences, such as public drunkenness, minor theft or violation of traffic rules, even if they have a resident’s permit, employment or family in Belarus. 58. This harsh application of the law can lead to dramatic consequences. The Special Rapporteur is aware of three Russian nationals who committed suicide after being faced with expulsion owing to minor offences. One of these cases happened on 15 January 2019 when Vitalii Kuzmenkov, who had lived in Belarus for 14 years and had six children, committed suicide after he was threatened with expulsion for intoxication in a public place and a traffic offence.64 Such cases raise serious concerns as to the proportionality of the sentences in comparison to the acts committed. The Special Rapporteur understands that the law on deportations in Belarus currently does not take into account a person’s family and private life, which are protected under the International Covenant on Civil and Political 58 59 60 61 62 63 64 See https://eng.belta.by/society/view/belarus-sees-no-need-in-setting-up-specialized-juvenile-courts108442-2018. See https://eng.belta.by/society/view/opinion-belarus-ready-to-make-new-steps-towards-restorativejuvenile-justice-110133-2018/. See United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules). See https://news.house/lib/browse/persistent-violations-of-the-rights-of-the-minors. See www.amnesty.org/download/Documents/EUR4901002019ENGLISH.pdf. Convention on the Rights of the Child, art. 37 (b) and (c). See https://news.tut.by/society/625102.html (in Russian). 13