A/HRC/44/55 2. Torture and other cruel, inhuman or degrading treatment or punishment 29. The Criminal Code of Belarus does not define torture as a separate offence. Torture is only mentioned as a part of the list of offences enshrined in article 128, on crimes against the security of humanity, of the Criminal Code. Numerous cases of torture and other cruel, inhuman or degrading treatment or punishment were brought to the attention of the Special Rapporteur during the reporting period. 30. According to information received, the situation with regard to torture and other cruel, inhuman or degrading treatment or punishment of detained persons did not improve in 2019. Such cases are rarely investigated, with investigations substituted by preliminary checks, which often do not encompass investigative actions. This approach, together with an absence of oversight institutions, distrust in law enforcement bodies and courts, weak institutions and a fear of retaliation, makes it rare for cases to be heard. 18 31. According to standard practice in Belarus, law enforcement authorities are inactive or refuse to open investigations on alleged cases of torture, inhuman or degrading treatment or punishment. This is not owing to a lack of cases: victims and their relatives have sought prosecutions of police and prison staff for misconduct, abuse, negligence and threats. Despite this, authorities have continually refused to investigate the situation of Aleh Bahdanau, who died in prison in 2016 as the result of the alleged negligence of medical staff. 19 The conditions in detention facilities remain unsatisfactory, with reported cases including the intentional blocking out of natural light in prison cells, a lack of cell ventilation20 and a lack of drinkable water. There have also been cases of cruel treatment of detainees and their relatives by detention officers, in the form of forcibly preventing them from complaining about other instances of mistreatment or abuse. 21 32. The Special Rapporteur notes certain progress in the investigation and trial of cases of ill-treatment conducted by State officials or enforcement officers. In the case of Dzmitry Serada, the court found that his rights and those of his family had been violated. 22 Mr. Serada was treated brutally by the police when he was detained in his apartment, beaten in the police bus and kept in detention facilities without being served any meals. The court ordered the authorities to pay compensation to the victims for damages, including broken doors and windows, as well as therapy costs. Nevertheless, the damages were levied against the Ministry of Finance, not the Belarusian police. The investigation was opened three years after the incident occurred, after President Lukashenko publicly criticized the methods used by law enforcement, in particular the use of police brutality and the violation of human rights.23 Following the President’s criticism, in August 2019 an investigation into the treatment of Barys Zmitrovish, who was beaten and suffered eye burns from pepper spray at the time of his arrest, was also reopened.24 33. The Special Rapporteur welcomes the reopening of a criminal case against police officers who allegedly subjected a representative of the LGBTQI community to homophobic ill-treatment in 2017.25 The Special Rapporteur hopes that investigations into the case will be conducted effectively and impartially, and that those responsible will be punished in accordance with the law. 34. The Special Rapporteur is concerned about reported cases of failure by authorities to provide detainees with access to lawyers, and the frequent use by penitentiary administration of cancellation of family visits as a disciplinary measure against those who protest against the detention conditions. Allegations about degrading, unsanitary conditions in places of detention have been reported, notably in pretrial detention centres and in relation to children and women, including elderly women. The Special Rapporteur is also concerned about the testimonies of women who were denied feminine hygiene products during their detention. One woman who was sentenced to administrative detention for 18 19 20 21 22 23 24 25 6 See http://spring96.org/be/news/95699 (in Belarusian). See http://spring96.org/ru/news/92520 (in Russian). See https://mspring.online/ru/un-prison/ (in Russian). See https://charter97.org/en/news/2019/8/21/345597/. See http://spring96.org/en/news/94031. Ibid. See http://spring96.org/en/news/93904. See http://spring96.org/ru/news/94371 (in Russian).