C. Principal subjects of concern and recommendations Issues pending from the previous reporting cycle 6. The Committee notes the information provided by the State party on 23 October 2013 on the implementation of the recommendations contained in paragraphs 6, 11 and 14 of the Committee’s concluding observations on the fourth periodic report of Belarus (CAT/C/BLR/CO/4), in which the State party was called upon to follow up on its previous concluding observations by ensuring the provision, in practice, of fundamental legal safeguards; independent investigations; and independent monitoring mechanisms of all places of deprivation of liberty. The Committee regrets that the State party has not implemented its follow up recommendations. Fundamental legal safeguards 7. While noting the specific provisions guaranteeing the basic legal safeguards from the outset of apprehension, such as an access to a lawyer and a notification of a relative within 12 hours, and measures taken by the State party to introduce use of audio-visual, electronic and other technical means in interrogation rooms of pre-trial detention facilities in 2016 (amendment of the Act on Detention Procedures and Conditions), the Committee remains concerned as to the lack of full implementation of all fundamental legal safeguards in line with paragraph 13 of the Committee’s general comment No.2 (2008) on implementation of Article 2 (arts. 2, 11 and 12). In particular, the Committee is concerned about the following issues: (a) The absence of a monitoring mechanism to assess whether all fundamental legal safeguards were provided properly from the moment a person is apprehended; (b) That article 206 (3) of the Code of Criminal Procedure, which provides for the possibility of medical examination of a detainee by a doctor or other specialist, if necessary, does not guarantee an automatic mandatory and independent medical examination upon a detainee’s request, in particular from the moment of detention in police custody, where many allegations of torture and ill-treatment have been reported and that access to a doctor is left instead to the discretion of the law-enforcement authorities. The Committee is also concerned at information about the reported lack of confidentiality as well as deliberate delays in conducting relevant medical examinations in police custody, leading to disappearance of important evidence; (c) While appreciating that the Council of Ministers decision no. 909 of 20 July 2006 regulates the Unified State Offences Registration and Record-Keeping System, the Committee is concerned at reports that the aforesaid regulation has not ensured in practice prompt registration of all persons deprived of their liberty following apprehension and that access of lawyers and relatives to that register has not been regularly guaranteed. The Committee regrets the absence of data on administrative detention. 8. The State party should ensure, in law and in practice, that all detainees are afforded all fundamental legal safeguards from the outset of the deprivation of liberty in accordance with international standards, including the safeguards mentioned in paragraphs 13 and 14 of the Committee’s general comment No. 2 (2008) on the implementation of article 2. In particular, it should: (a) Continue its efforts in ensuring the right to have prompt and confidential access to an independent lawyer, or to free legal aid, when needed, and to promptly contact a family member or any other person of their choice; (b) Ensure the right to request and receive a medical examination in confidentiality by an independent doctor promptly, and unless the doctor explicitly requests otherwise, ensure that it is conducted out of hearing and out of sight of police staff, from the outset of the detention. The State party should guarantee in practice the independence of doctors and other medical staff dealing with persons deprived of liberty, ensure that they duly document all signs and allegations of torture or illtreatment and provide the results of the examination without delay to the appropriate 2

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