CAT/C/BLR/CO/4
been directly invoked. The Committee regrets the reports that the Convention has never
been applied in domestic courts, although this is possible in theory (arts. 2 and 10).
The Committee recommends that the State party take necessary measures to ensure
de facto applicability of the provisions of the Convention in its domestic legal order
and the practical implementation of article 20 of Act on the Laws and Regulations,
inter alia, by providing extensive training to the judiciary and law enforcement
personnel in order to make them fully aware of the provisions of the Convention and
its direct applicability. Furthermore, the State party should report back on decisions
of national courts or administrative authorities giving effect to the rights enshrined in
the Convention.
Evidence obtained through torture
18.
While noting that article 27 of the Constitution prohibits the admissibility of evidence
obtained through torture and that the State party accepted the recommendation made in the
course of the universal periodic review to that end (A/HRC/15/16, para. 97.28), the
Committee is concerned at reports of several cases of confessions obtained under torture
and ill-treatment and at the lack of information on any officials who may have been
prosecuted and punished for extracting such confessions. Information before the Committee
states that in some cases, judges relied on pretrial statements of the defendants which were
conflicting with their testimony made during the trial, despite allegations of duress and
intimidation. The Committee regrets the lack of information about the cases of Nikolay
Avtukhovich and Vladimir Asipenka, who were convicted on the basis of witness
statements that were later retracted and were alleged to have been obtained through torture
(art. 15).
The State party should take the steps necessary to ensure that, in practice, confessions
obtained under torture or duress are not admitted in court proceedings in line with
relevant domestic legislation and article 15 of the Convention. The State party should
ensure that judges ask all detainees whether or not they were tortured or ill-treated in
custody and that judges order independent medical examinations whenever a suspect
requires one in court. The judge should exclude such statements, in particular if the
suspect so requests in court and the medical examination sustains the claim. Prompt
and impartial investigations should be conducted whenever there is a reason to believe
that an act of torture occurred, especially in cases where the sole evidence presented is
a confession. In that regard, the State party should guarantee the access of
international governmental or non-governmental organizations to court proceedings.
Furthermore, the Committee requests the State party to submit information on
whether any officials have been prosecuted and punished for extracting confessions
under torture and, if so, to provide details of the cases and any punishments or
sanctions imposed on those responsible.
Conditions of detention
19.
While welcoming efforts made by the State party to improve the living condition of
detained persons (CAT/C/BLR/4, paras. 21 ff.) and the State party’s acceptance of the
recommendation made in the course of the universal periodic review to that end
(A/HRC/15/16, para. 97.30), the Committee remains deeply concerned about continuing
reports of poor conditions in places of deprivation of liberty, including an appeal by the
Special Rapporteur on the question of torture concerning the conditions in several places of
detention such as the SIZO in Minsk (A/HRC/4/33/Add.1, para. 16). This includes the
problem of the overcrowding, poor diet and lack of access to facilities for basic hygiene and
inadequate medical care (arts. 11 and 16).
The State party should intensify its efforts to bring the conditions of detention in
places of deprivation of liberty into line with the Standard Minimum Rules for the
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