CCPR/C/122/D/2212/2012
asleep and turned over, the warders would wake him and the rest of his cell mates up and
order them to adopt the above-mentioned position again. He wrote a letter of complaint to
the Head of the State Security Agency pretrial detention centre, after which he was
transferred to another cell, where he was again forced to sleep on the floor. His injured leg
caused him substantial pain. The cell itself did not have a toilet and the author was allowed
to use external toilet facilities only twice a day. He was subjected to humiliating daily
searches, during which unidentified individuals in balaclavas forced him to run up and
down steep stairs despite his injured leg, ordered him to remove his clothes, subjected him
to verbal abuse and beat him with sticks. Each time he left his cell, the author was
handcuffed, with his hands placed behind his back.
2.10 The author was deprived of contact with his relatives and did not receive any news
from them for a month after his arrest. He was told that his wife had also been detained and
that he would lose custody of his 3-year-old son and his family would be subjected to brutal
measures unless he confessed.13 In particular, on 31 December 2010, the author was visited
by the Head of the State Security Agency, who openly threatened the life and health of his
wife and child. Since the author perfectly knew that the official in question had the power
to deliver on that threat, he agreed to confess after their second encounter. During
subsequent interrogations, the author’s “testimony” was discussed in advance by the police
officer and the investigator in charge of the case and then recorded, in line with the
interrogation protocol. Although the author’s lawyer was present, the author was not
allowed to talk to or even look at him, so he did not receive any legal assistance. In the
course of the interrogations, the author was subjected to psychological and physical
pressure. He was also deprived of any contact with the outside world, including access to
newspapers and public television. The author was forced to watch the so-called internal
television channels, which broadcast anti-Semitic propaganda and footage of violent scenes.
In March 2011, the author’s request to be hospitalized in order to receive treatment for an
acute form of gout was rejected by the administration of the pretrial detention centre. On 8
April 2011, the author submitted a written complaint of torture and ill-treatment to the head
of the unit in charge of investigating crimes against life, health and property of persons of
Minsk City Department of Internal Affairs, but no investigation followed.
2.11 The author and his lawyers submitted complaints regarding the disproportionate use
of force against him during his arrest and, on 20 December 2010, requested a medical
examination of his injuries, but the request was rejected on 23 December 2010 by the State
Security Agency investigator. The author’s lawyer filed an appeal against the rejection with
the Prosecutor General of Belarus, through the bodies in charge of pretrial investigation. On
14 February 2011, he received a reply, signed by the same State Security Agency
investigator, in which it was stated that the request for medical examination had already
been decided upon and rejected. Thus, the appeal was never transmitted to the Prosecutor
General’s Office. On 12 May 2011, during a hearing before Partizansky District Court,
Minsk, the author stated that prison guards had tortured him, that he had been deprived of
sleep and exposed to severe cold and that his family had been threatened in an effort to
secure confessions. He testified that some of the evidence submitted by the Government
had been obtained from him under duress. In response, the Prosecutor presented the court
with a letter, dated 17 May 2011, signed by the Deputy Prosecutor of Minsk, stating that the
author’s allegations had not been confirmed. The court did not order any further
investigation of those allegations. In all his subsequent appeals, the author complained to no
avail that he had been subjected to torture and ill-treatment while detained at the State
Security Agency pretrial detention centre.
2.12 The author submits that, while the pretrial investigation regarding his case was being
carried out, a number of State-controlled media outlets published articles or broadcast
documentaries in which it was stated that he was guilty of having committed crimes in
13
According to Working Group on Arbitrary Detention, opinion No. 14/2012, para. 9, the author was
forced to confess to attempting to carry out a coup d’état, armed resistance against representatives of
the Government, planning pogroms and arson and organizing mass disorder accompanied by violence.
5