A/HRC/23/52
at the gap between the legislative framework and its practical implementation.33 It also
noted that articles 128 and 394 of the Criminal Code do not criminalize torture in
accordance with article 4, paragraph 2 of the Convention against Torture (arts. 1, 2 and 4). 34
Belarus has nonetheless indicated that the definition of torture contained in article 1 of the
Convention was used for the purpose of criminal prosecution of perpetrators of acts of
torture.
52.
Reports continue to be received of the use of torture and other ill-treatment by police
and investigators in order to extort confessions that are then used as evidence in trial
proceedings. In such cases, there is evidence of a failure by officials to conduct prompt,
impartial and full investigations into allegations of torture and ill-treatment and to prosecute
alleged perpetrators. This was of particular concern to the Human Rights Committee in the
Kavalyou (Kovalev) death penalty case.35
53.
The Special Rapporteur received information about ongoing serious concerns
regarding the treatment of inmates and their conditions of confinement. Many find
themselves in cold detention conditions, with no hot water. Some reported having been
deprived of sleep, placed in stress positions, denied medical care, placed in disciplinary
isolation cells for petty violations or prevented from observing their religious beliefs or
studying.
54.
Some inmates, especially political and civic activists, consistently complained about
accumulated ill-treatment to coerce them into seeking a pardon.
55.
In the view of the Special Rapporteur, there is an urgent need to publicly prohibit
torture; for measures to be taken to effectively prevent acts of torture and ill-treatment by
State officials; and for the conduct of prompt, impartial and full investigations, and the
prosecution of alleged perpetrators.36
D.
Treatment of political opponents, human rights defenders and activists
56.
A number of political opponents and activists, whose sentences appear to have been
politically motivated, have reportedly faced increasing psychological and physical pressure
while deprived of their liberty.37 These individuals are routinely handed out disciplinary
punishments for allegedly violating the rules of detention. The result is limitations placed
on meetings with relatives and/or counsel, on receipt of packages (food and medicine), and
correspondence.
57.
In November 2011, Ales Bialiatski, head of the human rights centre Viasna, was
found guilty of tax evasion and sentenced under article 243 (2) (tax evasion) of the
Criminal Code to four and a half years and confiscation of all assets. In June 2012, the
prison authorities labelled him a repeat violator of the regulations of his detention.
Reportedly, he has since continued to face arbitrary reprimands in the form of restrictions
on his mealtimes and on permission to receive parcels for having violated the rules in the
penal colony No. 2 in Babruisk. 38 Other inmates are not allowed to communicate,
33
34
35
36
37
38
12
CAT/C/BLR/CO4, para. 10.
Ibid., para. 16.
CCPR/C/106/D/212/2011, para. 11.2.
See also CAT/C/BLR/CO/4, para. 11.
See Viasna, “Critical situation for political prisoners in Belarus and freedom for 40 activists
considerably restricted”, 5 March 2013, available from http://spring96.org/en/news/61661.
Human Rights Watch, “Belarus: stop intimidation of political prisoners”, 2 October 2012, available
from www.hrw.org/news/2012/10/02/belarus-stop-intimidation-political-prisoners.
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