CCPR/C/123/D/2247/2013
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
13 August 2018
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2247/2013*, **
Communication submitted by:
Pavel Barkovsky (not represented by counsel)
Alleged victim:
The author
State party:
Belarus
Date of communication:
20 June 2012 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 11 June 2013 (not issued in
document form)
Date of adoption of Views:
13 July 2018
Subject matters:
Inhumane conditions of detention; access to
justice; effective remedy
Procedural issues:
Exhaustion of domestic remedies; State party’s
failure to cooperate
Substantive issues:
Conditions of detention; effective remedy
Articles of the Covenant:
2 (3) (a), 7, 10 (1) and 14 (1)
Articles of the Optional Protocol:
2 and 5 (2) (b)
1.
The author of the communication is Pavel Barkovsky, a national of Belarus born in
1978. He claims to be a victim of a violation by Belarus of his rights under articles 2 (3) (a),
7 and 14 (1) of the Covenant. The Optional Protocol entered into force for Belarus on 30
December 1992. The author is not represented by counsel.
Facts as submitted by the author
2.1
On 19 December 2010, the author participated in a demonstration against the
presidential elections in Belarus, which he claimed were unfair. At 11 p.m. on the same day,
he was detained by the police and brought to a detention centre together with approximately
twenty other persons. Upon arrival to the detention centre, all detainees were lined up
facing the wall, and continued standing in that manner until 7 a.m. the following day — for
* Adopted by the Committee at its 123rd session (2–27 July 2018).
** The following members of the Committee participated in the examination of the communication: Tania
María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Olivier de Frouville,
Christof Heyns, Ivana Jelić, Bamariam Koita, Marcia V.J. Kran, Mauro Politi, José Manuel Santos Pais,
Yuval Shany and Margo Waterval.
GE.18-13299(E)