A/HRC/38/51
launched against the head of the Union, Henadz Fiadynich. In fact, the case centres around
money received from one of the Union’s European partners. The offices of the Union were
searched in August 2017.
64.
The Special Rapporteur notes the recommendations made by the Committee on the
Elimination of Racial Discrimination during its 2017 consideration of the combined
periodic reports of Belarus that Belarus consult and engage in dialogue with civil society
organizations concerned with human rights protection, in particular those working to
combat racial discrimination (CERD/C/BLR/CO/20-23). The Special Rapporteur hopes that
the above-mentioned recommendation will be taken up by the authorities.
E.
Torture and other cruel, inhuman or degrading treatment or
punishment
65.
In Belarus, ill-treatment amounting to torture is a systemic tool that serves the
overall oppressive legal framework. Domestic law still does not provide for a definition of
torture, despite repeated calls for action in that regard by human rights mechanisms,
including the Committee against Torture. The Special Rapporteur hopes that the
consideration of the fifth periodic report of Belarus by the Committee against Torture in
April and May 2018 will be instrumental in advancing official acknowledgement of the
issue and the much awaited legal and practical measures to prevent torture and illtreatments and repair their effects.
66.
There were numerous reports of ill-treatment and violence, some of them possibly
amounting to torture, during State-guided repression of the 2017 rallies. A number of
victims of ill-treatment by the police submitted complaints. The Special Rapporteur recalls
that, in the absence of a definition of the crime of torture in the Criminal Code, individuals
can only resort to the provision dealing with abuse of authority contained therein.
67.
According to reports received by the Special Rapporteur, the prosecutors’ offices in
Minsk and in other cities appeared to have looked into allegations of ill-treatment during
the rallies of March and May 2017. An emblematic case concerns Sirahei Tkachenka, who
was beaten by the police on 9 May. His request to launch a criminal investigation was
rejected. Subsequently, he appealed successfully to the local Prosecutor’s Office. The
Prosecutor decided that the investigation had been conducted in an unlawful manner, and
requested further information from the local department of the Investigative Committee.
Similarly, in the case of Aleh Bahdanau, the Minsk Prosecutor’s Office decided, in
December 2017, to overturn an earlier decision of the Investigative Committee to
discontinue a criminal investigation into the cause of Mr. Bahdanau’s death. However, that
approach does not appear to be uniformly applied: the Prosecutor’s Office of Piersamajski
District, Minsk, upheld the decision of the local department of the Investigative Committee
not to launch a criminal investigation into reports of ill-treatment by the police of Aliaksei
Loika, a Viasna Human Rights Centre lawyer. The Special Rapporteur hopes that the
Prosecutor’s Office will continue its attempts to carefully monitor all the activities and
decisions of all the departments of the Investigative Committee, the mandate of which is
extremely wide-reaching, 22 and will support victims’ claims for justice, including those
emanating from human rights defenders.
68.
A year after the March 2017 events, the Special Rapporteur received similar
allegations of random acts of violence and ill-treatment by police and prison officials in the
context of the March 2018 Freedom Day rallies. 23 In another case of uninvestigated
violence, a Belsat journalist was allegedly beaten by four police officers in February 2018
while covering local elections. In response to the pervasive nature of ill-treatment and to the
absence of State policies to tackle it, Viasna Human Rights Centre launched a social media
campaign to give visibility to the issue.
22
23
See A/72/493, para. 30.
See http://www.omct.org/human-rights-defenders/urgent-interventions/belarus/2018/03/d24793/.
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