A/HRC/44/55
participating in an unauthorized assembly alleged that when a cellmate managed to obtain
hygiene products, she was sanctioned for having shared some of them with other inmates.
35.
The treatment of non-violent drug offences committed by minors remains a major
concern. Since 2014, children have been sentenced to prison terms for non-violent and
minor drug-related offences – including with regard to first offences. They are being
imprisoned in degrading conditions for such offences, despite the fact that, according to
legislation, children in Belarus are eligible for alternatives to detention. The Special
Rapporteur deplores the fact that article 328 of the Criminal Code – which pertains to
trafficking in narcotic drugs, psychotropic substances, their precursors and analogues – is
applied to individuals who were children at the time of the offence, without taking into
consideration their specific needs as children. Underage convicts serving a sentence for
drug-related offences (referred to as “Children-328”) reportedly experience several rights
violations, including denial of medical care and, in one case, psychological trauma from the
discovery of the body of an inmate who had committed suicide. One inmate also reported
harassment and threats of solitary confinement if his mother did not stop submitting
complaints about the conditions of detention. 26 The Special Rapporteur urges the
Government of Belarus to amend its approach to underage drug offenders and to adopt a
rights-based approach, compliant with the international obligations enshrined in the
Convention on the Rights of the Child, to which Belarus is a party. 27
36.
The Special Rapporteur welcomes the amendment by Belarus to article 328, by
which the minimum sentence was decreased from five to three years for the illegal
circulation of narcotic drugs, psychotropic substances, and their precursors and analogues,
and from eight to six years for the same offence, when committed by a group of persons,
State officials or persons with prior convictions for drug-related offences.28 She encourages
the Government of Belarus to extend this mitigation of sentence or grant amnesty to all the
children falling in the “Children-328” category who have been sentenced to
disproportionately long prison terms (from 8 to 12 years) pursuant of parts 3 and 4 of article
328.
37.
To date, the issue of domestic violence has not been adequately regulated by law in
Belarus. The Special Rapporteur hopes that the Government of Belarus will progress with
developing legislation on the criminalization of domestic violence by introducing a new
provision into its Criminal Code. According to available statistics, around 120,000 calls are
received annually regarding family and household conflicts. 29 In the majority of cases,
perpetrators are held to administrative liability and victims, who in their overwhelming
majority are children and women, are left without any adequate means of protection. 30
3.
Arbitrary arrest and detention and enforced disappearances
38.
Throughout the reporting period demonstrators who participated in peaceful
gatherings and protests were frequently subjected to arbitrary arrest and detention, in
violation of the rights to freedom of peaceful assembly and freedom of opinion, as
contained in articles 19 and 21 of the International Covenant on Civil and Political Rights. 31
39.
Arbitrary arrests of environmental activists protesting against the construction of the
battery plant in Brest continued during the reporting period. In April 2019, a total of 18
environmental activists were arrested. 32 Some of them were released a few hours later,
while others were detained for up to three days in temporary detention facilities and
consequently fined. These activists were arrested under article 23.34 of the Code of
Administrative Offences of Belarus, which regulates the organizing and holding of mass
26
27
28
29
30
31
32
See https://nash-dom.info/58409 (in Russian).
Communication AL BLR 6/2019, 28 October 2019, available at
spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24893.
See http://pravo.by/novosti/novosti-pravo-by/2019/june/36281/ (in Russian).
See https://belarus.unfpa.org/en/news/dialogue-problematic-domestic-violence-has-been-revivedbelarus.
See http://npbelarus.info/d0-bc-d0-b0-d1-80-d0-b8-d0-bd-d0-b0-d0-ba-d0-be-d1-80-d0-b6/ (in
Russian).
Articles 19 and 21 of the International Covenant on Civil and Political Rights.
See https://spring96.org/en/news/92722.
7
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