On 26 June 1987, The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment entered into force. After 10 years the United Nations General Assembly designated this day as the International Day in Support of Victims of Torture.
Belarusian human rights defenders, who consistently and systematically analyze the subject of torture in the country, admit that this problem is urgent in our society. Belarusian law-enforcement authorities systematically use torture as the means to press for avowals of guilt. It is difficult to withstand this phenomenon because the Belarusian legislation does not have the term “torture” and, therefore, does not provide liability for its use.
The leader of the human rights organization “Platform” Andrei Bandarenka said that not a single law enforcement official, who was suspected of torture, could be brought to court.The “imperfection” of the Belarusian legislation contributes to this: “There is no definition for the term “torture” in our legislation, – says Bandarenka. – In fact, when law enforcement authorities are being prosecuted for torture, then they are accused of abuse of power. And even though the Constitution guarantees the protection of citizens from cruel and inhuman treatment, there is no criminal prosecution for torture provided. So basically the fact is that abuse of power is punished more often than the torture of the citizens. “
Civil activists have been repeatedly appealing to the House of Representatives asking to introduce the term “torture” to the Belarusian Penal Code and provide adequate liability for this crime. Also they demanded that the deputes begin to develop the legislation against torture.As Belarus has not ratified the Optional Protocol to the Convention on Civil and Political Rights, the international observers do not have access to places of detention and restrictions on freedom in the country. Belarusian human rights defenders cannot get there neither.
In 2011, during its 47th session the UN Committee against Torture made the remarks with regard to Belarus, in which it was recommended to introduce the provisions to the Penal Code immediately, giving the definition of torture and qualify it as a criminal offense, in full accordance with Articles 1 and 4 of the UN Convention against Torture.
On 4 June, at the 23rd Session of the UN Human Rights Council, during the discussion of the report of the UN Special Rapporteur on the situation of human rights in Belarus, Valiantsin Stefanovich, the deputy-chair of the Human Rights Centre “Viasna”, once again called on the Belarusian authorities to invite UN Special Rapporteurs into the country, including Special Rapporteurs on torture, human rights defenders, the independence of judges and lawyers and the rights to freedom of peaceful assembly, as well as the Working Group on Arbitrary Detention.
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