The NGO-coalition timely submitted a comprehensive reply to the list of issues rose by the United Nations Committee against Torture.

Prior the 2-days formal revision of Belarus, the Committee acquainted itself with the last developments registered by human rights defenders during a private formal briefing and competently used the information to enquire the State about sensitive and complex concerns, such as the fundamental legal safeguards, torture of detainees, impunity, independence of the judiciary, conditions of detention, threats to human rights defenders and death penalty.

Amongst others principal subjects of concern, the Committee publicly expresses in its Concluding Observations to be deeply concerned about the persistent and prevailing pattern of failure of officials to conduct prompts, impartial and full investigations into the many allegations of torture and ill-treatment and to prosecute alleged perpetrators.

Furthermore, the Committee against Torture urges the State to take effective measures to ensure the independence of the judiciary by reviewing damaging provisions -such as those referring to discipline, appointment and removal of judges.

What is more, in order to guarantee an independent monitoring of places of deprivation of liberty, the Committee demands Belarus to grant access to independent NGOs to all detention facilities in the country and to consider accepting the request by the High Commissioner for Human Rights for a visit by an OHCHR team.

Definition of torture and conditions of detention
In addition, the Committee pushes for Belarus to define and criminalize torture in its Criminal Code in full conformity with article 1 and 4 of the Convention, without delay.

With regards to the subject of evidence obtained through torture, it requires the State party to ensure that judges ask all detainees whether or not they were tortures or ill-treated in custody.

Belarus will also have to submit information on whether any officials have been prosecuted and punished for extracting confessions under torture.

The State party is also reminded to intensify its efforts to bring the conditions of detentions into line with the Standard Minimum Rules.

Human rights defenders and NGO registrationAles Bialiatski
It remains to be seen whether Belarus will decide to start honouring or not its international commitments.

The sentence came despite the call of the Committee for Belarus to take all necessary steps to ensure the protection of human rights defenders from intimidation or violence, explicitly referring to the investigation of Ales Bialiatski amongst others.

The Committee also called on Belarus to update the status of implementation of the decision of the Human Rights Committee that the complainants, eleven members of Viasna, are entitled to an appropriate remedy, including the re-registration of Viasna.

Independence of lawyers
The Committee also calPavel Spelkaled on Belarus to investigate into the cases of lawyers who represented individuals detained in connection with the events of December 19, 2010 and were subsequently disbarred, including Pavel Spelka, Tatsiana Aheyeva, Uladszimir Toustsik, Aleh Aleyeu, Tamara Harayeva, and Tamara Sidarenka, and reinstate their licenses, as appropriate.

Death penalty
The State 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, it should remedy the secrecy and arbitrariness surrounding executions so that family members do not have added uncertainty and suffering.

The Committee also recommends Belarus to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

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The NGO coalition comprises of 6 Belarusian NGOs in partnership with Penal Reform International, the Belarusian Human Rights House and the Human Rights House Foundation (HRHF):

The NGO Committee submitted a report to CAT: in English and in Russian.

To submit this report, and for its advocacy work in Geneva, the NGO coalition was supported by the HRHF, secretariat of the Human Rights House Network. HRHF supported capacity building activities at the Belarusian Human Rights House in exile and edited the report. HRHF also supported human rights defenders in Geneva in their work to brief the Committee against Torture and international media.

Watch the review of Belarus at CAT:

Watch review of Belarus at CAT in Russian

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