CAT/C/BLR/CO/4
underreporting and impunity (arts. 2, 11, 12, 13 and 16). In particular, the Committee is
concerned about:
(a)
The lack of an independent and effective mechanism for receiving complaints
and conducting prompt, impartial and effective investigations into allegations of torture, in
particular of pretrial detainees;
(b)
Information suggesting that serious conflicts of interest prevent the existing
complaints mechanisms from undertaking effective, impartial investigations into
complaints received;
(c)
The lack of congruence in information before the Committee regarding
complaints presented by persons in detention. The Committee notes with serious concern
the information about reprisals against those who file complaints and the cases of denial of
the complaints made by detainees, including the cases of Ales Mikhalevich and Andrei
Sannikov; and
(d)
Reports indicating that no officials have been prosecuted for having
committed acts of torture. According to information before the Committee, over the last 10
years, only four law enforcement officers have been charged with the less serious offence,
“abuse of power or official authority” and “transgression of power or official authority”
under articles 424 and 426 of the Criminal Code.
The Committee urges the State party to take all necessary measures to ensure that all
allegations of torture and ill-treatment by public officers are promptly investigated in
the course of transparent and independent inquiries and that the perpetrators are
punished according to the gravity of their acts. To that end, the State party should:
(a)
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. In particular, as previously
recommended (A/56/44, para. 46 (c)), the State party should 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, in particular those pertaining to
the implementation of the Convention;
(b)
Publicly and unambiguously condemn the use of all forms of torture,
addressing in particular law enforcement officers, the armed forces and prison staff,
and including in its statements clear warnings that any person committing or
participating in such acts or acting as an accomplice shall be held personally
responsible before the law and liable to criminal penalties;
(c)
Ensure that, in cases of alleged torture, suspects are suspended from
duty immediately for the duration of the investigation, particularly if there is a risk
that they might otherwise be in a position to obstruct the investigation; and
(d)
Provide the outcome of the investigation into the allegations raised by
the Committee, including cases of Ales Mikhalevich, Andrei Sannikov, Alexander
Otroschenkov, Vladimir Neklyaev, Natalia Radina and Maya Abromchick, and the
broader allegations of indiscriminate and disproportionate force used by riot police
against approximately 300 people in Independence Square on 19 December 2010.
Independence of the judiciary
12.
While noting that article 110 of the Constitution and article 22 of the Code of
Criminal Procedure provide for an independent judiciary, the Committee is deeply
concerned that other provisions in Belarusian law, specifically those on discipline and
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