CCPR/C/122/D/2212/2012
colony to meet with him, they were told that, owing to “protection measures” applied to the
author due to the threat to his life invoked by him, they would not be able to meet with their
client. One of the author’s lawyers complained about the refusal to be allowed to meet with
his client at penal colony No. 4 in the Mogilev Region on 17 November 2011, but on 19
December 2011 he was informed by the Prosecutor’s Office that they had not found a
violation of the author’s right to defence. On 30 January 2012, the lawyer appealed against
the refusal to allow him to meet with his client to Leninsky District Court, Mogilev, but the
appeal was refused on 3 February 2012. On 10 February 2012, the refusal was further
appealed against by the author’s lawyer before Mogilev Regional Court, which rejected the
appeal on 2 April 2012. On 30 April 2012, the author’s lawyer filed a request for a
supervisory review of the above-mentioned decisions with the Chair of Mogilev Regional
Court, but the appeal went unanswered. Similarly, the author’s lawyers appealed against the
refusals to allow them to meet with their client during the period November 2011–16
January 2012 to the Prosecutor’s Office of the Mogilev Region, the Prosecutor General of
Belarus, the competent departments of the Ministry of Interior and the Minister of the
Interior, but all their appeals were rejected.
2.17 The author’s lawyers also complained to the Vitebsk District Court of the Vitebsk
Region about the refusal to be allowed to meet with their client at penal colony No. 3 of the
Vitebsk Region in December 2011, but the complaint was rejected on 6 January 2012. On
an unspecified date, the refusal was further appealed against by the author’s lawyers before
the Vitebsk Regional Court, which rejected the appeal on 30 January 2012. On 31 January
2012, the author’s lawyers filed a request for a supervisory review of the aforementioned
decisions with the Chair of the Vitebsk Regional Court, who rejected it on 2 March 2012.
On an unspecified date, the author’s lawyers filed a request for a supervisory review with
the Chair of Minsk City Court, which was rejected by the Deputy Chair of the Supreme
Court on 26 April 2012. The author states that he was only permitted to meet with his
lawyers at penal colony No. 3 of the Vitebsk Region after 16 January 2011 and that, during
the “blackout period”, his access to written correspondence and telephone calls with his
lawyers and family members was equally restricted.
2.18 On 14 April 2012, the author was granted a presidential pardon and the remainder of
his sentence was remitted. The pardon did not, however, cover the expungement of his
conviction from his criminal record. 16 He was placed under so-called preventive
observation, as a part of which he was required to inform the relevant departments of the
Ministry of Interior of any change of place of residence, or absence from his habitual place
of residence for more than one month, and to appear before the above-mentioned
authorities upon request to explain his behaviour and lifestyle.
2.19 The author submits that he has exhausted all available and effective domestic
remedies.
The complaint
3.1
The author claims that his rights under article 7 of the Covenant have been violated,
since the investigating officers, officers of the State Security Agency pretrial detention
centre and other State Security Agency officers subjected him to torture, ill-treatment and
psychological pressure at the pretrial investigation stage, with the aim of obtaining a
confession. The author also claims that he suffered bodily harm as a result of the
disproportionate force used against him during the security operation carried out by special
police units in Nezavisimost Square on 19 December 2010 and during his subsequent arrest.
Despite the numerous complaints submitted by the author and his lawyers to the State
party’s relevant authorities and courts (see paragraphs 2.9–2.11 above), no prompt,
objective and independent investigation of those allegations has ever been initiated.
3.2
The author claims that his arrest and detention failed to comply with the guarantees
contained in article 9 of the Covenant. He states that the initial decision on the pretrial
constraint measure and the continued extension of his remand in custody were unlawful,
because they did not take into account the circumstances of the case, or his individual
16
The law precludes any convicted person from standing in future elections.
7