CAT/C/BLR/CO/4
the State party’s failure to response to requests for a visit by the Office of the United
Nations High Commissioner for Human Rights (OHCHR) (arts. 2, 11 and 16).
The Committee urges the State party to:
(a)
Grant access to independent governmental and non-government
organisations to all detention facilities in the country, including police lock-ups,
pretrial detention centres, security service premises, administrative detention areas,
detention units of medical and psychiatric institutions and prisons;
(b)
Strengthen further the cooperation with United Nations human rights
mechanisms, particularly by permitting visits by the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment, the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
expression and the Special Rapporteur on the situation of human rights defenders, as
accepted by the State party in the context of the universal periodic review
(A/HRC/15/16, para. 97.17), as soon as possible; and
(c)
Consider accepting the request by the United
Commissioner for Human Rights for a visit by an OHCHR team.
Nations
High
National human rights institution
15.
In the light of recommendations made by several human rights mechanisms and the
State party’s commitment made in the context of the universal periodic review to consider
establishing a national human rights institution (A/HRC/15/16, para. 97.4), the Committee
regrets the lack of progress made to that end (art. 2).
The Committee recommends the State party to work towards establishing a national
human rights institution in accordance with the principles relating to the status of
national institutions for the promotion and protection of human rights (Paris
Principles).
Definition, absolute prohibition and criminalization of torture
16.
While noting the information provided by the State party that the definition of
torture contained in article 1 of the Convention is used for the purpose of criminal
prosecution of perpetrators of acts of tortures and the Office of the Procurator-General is
preparing a bill on amendments to the criminal legislation, the Committee is concerned that
such definition of torture has never been applied by domestic courts. The Committee
remains concerned that the national legislation does not contain provisions defining torture
and ensuring absolute prohibition of the torture. It is also concerned that articles 128 and
394 of the Criminal Code do not criminalize torture in accordance with article 4, paragraph
2, of the Convention (arts. 1, 2 and 4).
In the light of the Committee’s previous recommendation (A/56/44, para. 46 (a)) and
the State party’s acceptance of the recommendations made in the course of the
universal periodic review (A/HRC/15/16, paras. 97.28 and 98.21), the State party
should, without delay, define and criminalize torture in its Criminal Code in full
conformity with article 1 and 4 of the Convention. Furthermore, the Committee
recommends that the State party ensure that the absolute prohibition against torture
is non-derogable and that acts amounting to torture are not subject to any statute of
limitations.
Applicability of the Convention in the domestic legal order
17.
While welcoming that the international treaties to which Belarus is a party are
directly applicable under article 20 of Act on the Laws and Regulations, the Committee
notes with concern the lack of information on court decisions in which the Convention has
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