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).
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