concerned that recent legislative changes provide for the possibility for judges to be
appointed to renewable five-year terms rather than indefinitely (arts. 2 and 6).
12.
The State party should strengthen the independence of the judiciary in line with
the Basic Principles on the Independence of the Judiciary, in part by reducing the
control of the President over the appointment, promotion and dismissal of judges and
providing judges with security of tenure.
Effective investigation of allegations of torture and ill-treatment
13.
The Committee continues to be deeply concerned by reports that the practice of torture
and ill-treatment is widespread in the State party and that the State party’s authorities are
presently failing to conduct prompt, impartial and full investigations into such allegations
and to prosecute alleged perpetrators, as reflected by the information provided by the State
party that of 614 reports of acts constituting torture and ill-treatment received by the State
party’s Investigative Committees and other relevant officials between 2012 and 2015, only
ten were subject to criminal investigation under article 426(3) of the Criminal Code and none
of the ten had reportedly resulted in a criminal conviction as of 2018. The Committee is
concerned at reports that the Investigative Committees lack independence from the Executive
Branch and do not have specialized units tasked with investigating allegations of torture and
ill-treatment. The Committee is further concerned that the State party did not provide
information in response to its request for examples of cases in which officials accused of
torture were suspended from duty pending an investigation into the claim.
14.
The Committee deeply regrets the unsatisfactory response by the State party’s
authorities to allegations of torture and ill-treatment committed against individuals arrested
in connection with demonstrations in December 2010, including those made by Andrei
Sannikov. The Committee is concerned that public officials were again alleged to have
committed many acts of torture and ill-treatment in the context of a series of arrests carried
out in anticipation of and in connection with protests between February and March 2017.
15.
The Committee is concerned at the reports of improper and ineffective investigation
carried out by the investigative committee into allegations of torture in custody, such as the
case of Igor Ptichkin, who died in Minsk pre-trial prison No. 1 on 4 August 2013. The
Committee notes that a prosecution was carried out for inadequate medical care rather than
a crime of torture despite the allegations to that effect (arts. 2, 4, 11, 12, 13 and 16).
16.
The Committee urges the State party to take all necessary steps to:
(a)
Establish dedicated, specialized units within the State party’s investigative
committees to which persons deprived of their liberty can safely and confidentially
submit complaints of torture and ill-treatment, including allegations of sexual violence;
(b)
Ensure that all complaints of torture and ill-treatment are promptly,
effectively and impartially investigated, and adopt measures to strengthen the
independence of the Investigative Committees from the Executive Branch to enhance
their ability to carry out this function;
(c)
Ensure that in cases of alleged torture and ill-treatment, suspected
perpetrators are suspended from duty immediately and for the duration of the
investigation;
(d)
Review the State party’s efforts to date to investigate allegations of torture
and ill-treatment made in 2010 by individuals including Andrei Sannikov, Vladimir
Neklyaev, Ales Mikhalevich, Andrei Molchan, Pavel Plaska, Alexander Otroschenkov,
Natalia Radina and Maya Abromchick and in 2017 by Tatyana Revyaka;
(e)
Compile disaggregated statistical information relevant to the monitoring
of the Convention, including data on complaints, investigations, prosecutions and
convictions in cases of torture and ill-treatment.
Identification of law enforcement officers
17.
While noting the State party’s information that on-duty police officers carry an
identification badge, the Committee remains concerned that not all law enforcement officers,
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