A/HRC/29/43
and Ales Mikhalevich, at the high security prison in January 2011 (A/69/307, para. 71).
Another case is that of Ihar Tsikhanyuk from the human rights organization Lambda, which
protects the rights of LGBTI persons. In 2012, Mr. Tsikhanyuk was reportedly taken to a
police station where he was punched, abused and threatened with violence. 20 To date, there
has been no investigation into these cases or attempts to bring those responsible to justice.
D.
Prison conditions
48.
Article 62 of the Constitution and article 41 of the Code of Criminal Procedure
codify the legal right of citizens of Belarus to legal assistance and counsel. Despite this
legal safeguard, the Special Rapporteur recognizes the continued complaints of detainees
that they are often denied prompt access to counsel while in detention. 21
49.
The Special Rapporteur also notes similar complaints relating to prompt access to
physicians. While there is legislation in place that provides for the medical examination of
injured detainees by health-care workers, care may only be accorded at the discretion of the
head of the facility. Appealing a refusal of examination can take more than 10 days during
which time the physical harm caused might be healed. Furthermore, detainees are required
to cover the cost of such medical examinations from their own personal funds, creating a
disadvantage for individuals without any such funds. 22
50.
Detainees have also lodged complaints relating to their inability to contact family
members while in detention, as exemplified through the experiences of the political
prisoners Mikalai Statkevich and Ihar Alinevich. Both reported that letters had been
rejected by prison censorship, and that letters from and to family members were not being
delivered.23
51.
The Special Rapporteur received information that, in October 2014, the Department
for the Execution of Judgments of the Ministry of the Internal Affairs had issued a permit
for Platforma Innovation, a non-governmental organization, to visit penitentiary institutions
in Belarus.24 This is a welcome development. The Special Rapporteur stresses the
importance of unfettered access to all places of detention, which should include police cells,
detention centres, security service premises, administrative detention areas, detention units
of medical and psychiatric institutions and prisons.
52.
The Special Rapporteur is concerned that the Mahiliou Human Rights Center, the
only human rights organization with a representative who is a member of the public
supervisory commission monitoring penal institutions, is under constant pressure to cease
activities by the authorities.25
20
21
22
23
24
25
10
Amnesty International Cases Document, 2 December 2013.
Follow-up to the concluding observations (CAT/C/BLR/CO/4) of the Committee against Torture (see
footnote 19), p. 2.
Ibid.
Viasna, “Situation of Human Rights in Belarus” (see footnote 3).
Civic Belarus, “‘Platforma’ is going to visit all prisons and penal colonies in Belarus”, 22 October
2015.
Viasna Human Rights Center, “Belarus: The only registered regional human rights organisation
under the threat of dissolution”, 17 March 2015.
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