UN Committee against Torture insists on investigation of tortures in Belarus
The UN Committee against Torture has released
recommendations for the Belarusian authorities after discussing the situation
in Belarus in Geneva on 11 and 14 November.
Two reports, an official governmental one on Belarus’s fulfilling the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, and the other one prepared by human rights activists. Following the
two hearings, the Committee drew up recommendations for the authorities of Belarus,
BelaPAN news agency reports.
The Committee recommends giving all prisoners access to fundamental legal
safeguards from the very outset of their detention, including the rights to
prompt access to a lawyer and a medical examination by an independent doctor,
to contact family members.
The committee also recommends ensuring prompt registration of all persons
deprived of their liberty following apprehension and access to the register by
lawyers and relatives of those detained.
Being the participant of the UN Convention against Torture, the state is
obliged to monitor compliance with legislation that requires all law
enforcement officers on duty, including riot police (the OMON), the KGB personnel,
to wear identification, the recommendations say.
The Committee recommends the authorities to ensure investigation into the cases
of disappeared persons, namely Yury Zakharanka, Viktar Hanchar, Anatol
Krasouski and Zmitser Zavadski.
The state should establish an independent and effective mechanism to facilitate
submission of complaints by victims of torture and ill treatment to public
authorities, including obtaining medical evidence in support of their
allegations, and to ensure in practice that complainants are protected against
any ill-treatment or intimidation as a consequence of their complaint or any
evidence given.
The Committee recommends the authorities to consider establishing an
independent and impartial governmental and non-governmental national human
rights commission with effective powers to, inter alia, promote human rights
and investigate all complaints of human rights violations.
The recommendations advise to provide the outcome of the investigation into the
allegations raised by the Committee, including cases of Ales Mikhalevich, Andrei Sannikau, Aliaksandr Atroschankau, Uladzimir
Niakliayeu,Natallia Radzina and Maya
Abromchyk, and the broader allegations of indiscriminate and
disproportionate force used by riot police against approximately 300 people in Independence Square
on 19 December 2010.
The Committee calls on Belarus
to guarantee the full independence of the judiciary in line with the Basic
Principles on the Independence
of the Judiciary and ensure that judicial selection, appointment, compensation
and tenure are made according to objective criteria concerning qualification,
integrity, ability and efficiency.
Besides, the Committee proposes to investigate into the cases of lawyers who
represented individuals detained in connection with the events of 19 December
2010 and were subsequently disbarred.
The Committee calls to take measures to ensure the protection of human rights
defenders and journalists from intimidation or violence as a result of their
activities as well as the prompt, impartial and thorough investigation,
prosecution and punishment of such acts.
The authorities are recommended to inform the Committee about the outcome of
investigations of alleged threats against and harassment by the authorities of
human rights defenders and journalists, including cases of two journalists, Irina Khalip and Andrzej Poczobut; the Chair of the Belarusian Helsinki Committee, Aleh Hulak; and the President of
Viasna, Ales Bialiatski.
Belarus
should take all necessary measures to improve the conditions of detention of
persons on death row, and to ensure they are afforded all the protections
provided by the Convention.
Furthermore, the state should remedy the secrecy and arbitrariness surrounding
executions so that family members do not have added uncertainty and suffering.
The Committee also recommends the Belarusian authorities to consider the
abolition of the death penalty.