Advance unedited version CCPR/C/133/D/2619/2015
downtown Minsk to voice their protest over what they believed to be an unfair election,
denouncing massive irregularities and falsifications. The demonstration started at 6:50 pm 4
and at approximately 10:00 pm a small group of protesters started breaking the windows of
the House of Government nearby. They were believed to have been government provocateurs
and were, thus, urged by the opposition politicians to stop acts of vandalism and remain
peaceful. At 10:37pm, law enforcement agents attacked the peaceful demonstrators as a
response to the vandalism, and beat, injured and arrested many persons5. Mr. Statkevich was
also apprehended and beaten by unknown persons wearing masks and was transferred to an
unknown location6. Later he found out that he was taken to the State Security Committee’s
(KGB) pre-trial detention facility (further details are not provided). Upon arrest, he was not
informed of the charges against him, as well as his case was not brought before a judge to
assess whether or not he should remain in custody.
2.5
During his pre-trial detention in the premises of the KGB, Mr. Statkevich was
subjected to torture and cruel, inhuman and degrading treatment. He underwent long
interrogations during the night, without the presence of his lawyer. In his cell he was forced
to sleep on the floor on a wooden panel, with the lights on at all times. He was deprived of
access to the toilet and was at times placed with prisoners infected with HIV or tuberculosis.
The officers of the KGB also applied psychological pressure on Mr. Statkevich as an attempt
to force him to confess guilt in crimes and upon his refusal; Mr. Statkevich was threatened
that his wife would also be arrested. He went on a hunger strike7 and was therefore taken to
an unknown place and then to a hospital. On both occasions, the officials threatened to render
him unconscious.
2.6
In February 2011, Mr. Statkevich’s daughter filed a petition with the UN Working
Group on Arbitrary Detention, which concluded that Belarus has breached Mr. Statkevich’s
rights under article 9 of both the Covenant and the Universal Declaration of Human Rights.
The decision was issued on 19 June 2011, but the State Party did not release Mr. Statkevich
nor did it provide any compensation.8
2.7
On 11 May 2011, Mr. Statkevich’s case was brought to trial before the Court of the
Leninsky District in Minsk. During the trial, Mr. Statkevich and his co-defendants were kept
in a cage in handcuffs at all times. The evidence he presented was disregarded and the
credibility of his arguments and explanations was consistently questioned and rejected by the
court. He challenged the violations of his rights guaranteed by articles 7; 9 and 10, of the
Covenant that occurred during his arrest and incarceration during the trial proceedings. On
26 May 2011, however, the District Court found Mr. Statkevich guilty of having organized a
mass riot involving violence and destruction of property and sentenced him to six years of
imprisonment.
2.8
Mr. Statkevich appealed this conviction within cassation proceedings, arguing that the
charges against him were unfounded and that he was specifically targeted for the peaceful
exercise of his rights to freedom of assembly and expression. In his appeal he also claimed
that the actions against him appeared to be politically motivated, in retribution for his
activities as an opposition political candidate. On 19 July 2011, the Minsk City Court upheld
the lower court’s judgment. Thereafter, Mr. Statkevich appealed his conviction through the
supervisory review procedure. He filed a supervisory review appeal with the Chair of the
Minsk City Court. The Chair rejected his appeal on 11 November 2011. Mr. Statkevich filed
a second supervisory review appeal to the Chair of the Supreme Court. A Deputy-Chair of
the Supreme Court rejected this appeal on 17 Feb 2012. Finally, in November 2012, Mr.
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7
8
The chair of the Central Election Commission announced that the immunity for the candidates would
end at 8 pm, whereas the Belarusian law endows presidential candidates with immunity for political
participation at all times.
The author refers to the report dated 10 April 2010 of the High Commissioner on Human Rights
A/HRC/20/8.
7 Other presidential candidates were also arrested at different times and places.
The author has not specified the exact dates of the mentioned events which occurred during Mr.
Statkevich’s pre-trial detention.
Opinions adopted by the Working Group on Arbitrary Detention at its sixtieth session, 2–6 May 2011,
No. 13/2011 (Belarus), (A/HRC/WGAD/2011/13).
3