A/HRC/29/43
Basic Principles on the Role of Lawyers so as to ensure that judges and lawyers are
independent of any political or other external pressure. 16
C.
Torture and other cruel, inhuman or degrading treatment
or punishment
43.
The Special Rapporteur notes that Belarus has yet to make declarations under
articles 21 and 22 of the Convention against Torture and other cruel, inhuman or degrading
treatment or punishment and to accede to the Optional Protocol thereto. Taking note of the
recent amendments to the Criminal Code and the Code of Criminal Procedure, he calls
upon Belarus to implement the recommendations made by the Committee against Torture 17
and to integrate fully a definition of torture in accordance with the Convention into all
relevant legislation.
44.
An effective mechanism for the investigation of complaints of torture by prisoners
or detainees is still lacking in Belarus. Officials accused of engaging in torture or illtreatment are not suspended while investigations are conducted. Furthermore, there are
reports that complaints cannot be submitted to the Prosecutor’s Office from places of
detention and that complainants are punished by solitary confinement or other measures of
physical and psychological maltreatment. With regard to prosecuting alleged acts of torture,
to date there has been no successful prosecution in the domestic courts of individuals
accused of torture or order to compensate victims for the harm caused. 18
45.
The Special Rapporteur encourages the Government to develop an independent and
effective mechanism to facilitate the submission of complaints by victims of torture and illtreatment to public authorities in accordance with the recommendations made by the
Committee against Torture.19
46.
The human right defender Ales Bialiatski was released by the authorities in June
2014. The Special Rapporteur notes with concern that, while in custody, Mr. Bialiatski was
subjected to psychological and physical pressure while deprived of liberty and to repeated
arbitrary forms of disciplinary punishment for allegedly violating the rules of the penal
colony. Punishment included limited access to relatives, lawyers, correspondence and
communications, and practices that could be viewed as amounting to ill-treatment or even
torture.
47.
The Special Rapporteur reiterates that as Belarus moves towards the next
presidential election in 2015, it is worrying that none of the previously alleged cases of
torture of political candidates, activists and human rights defenders while in detention has
been clarified by the authorities. These cases include allegations of torture and ill-treatment
of the 2010 presidential candidates Andrei Sannikau, after his arrest on 19 December 2010,
16
17
18
19
See also CCPR/C/79/Add.86, para. 14; Official Records of the General Assembly, Fifty-sixth
Session, Supplement No. 4 (A/56/44), paras. 45 (g) and 46 (d); CAT/C/BLR/CO/4, para 12;
E/CN.4/2001/65/Add.1, paras. 116 and 123 (b); E/CN.4/2005/6/Add.3, paras 45 and 82 (a);
E/CN.4/2005/35, paras. 33 and 93; A/HRC/20/8, para. 75 (i); A/HRC/23/52, para. 67; and A/68/276,
para. 118 (g).
See Coalition report (see footnote 4), pp. 5-7, and CAT/C/BLR/CO/4.
Coalition report (see footnote 4), p. 6.
See Follow-up to the concluding observations (CAT/C/BLR/CO/4) of the Committee against Torture
adopted at the 47th Session for the Republic of Belarus; report prepared by the Belarusian
public initiative “Human Rights Activists Against Torture” in partnership with the Belarusian Human
Rights House and the Human Rights House Foundation, March 2014.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents