E/CN.4/2001/66
page 40
developed after the rally (stones being thrown by demonstrators), the militia officers acted in
accordance with the powers granted to them by the Militia Act and had not exceeded their
authority. The proceedings were therefore discontinued.
165. Concerning Vladimir Yukho, the Government indicated that he had participated in an
unauthorized demonstration. Militia officers had to use physical force at the time of his arrest
since he refused to go voluntarily to Lenin District police station. In the vehicle conveying him
there, he continued to resist the officers, as a result of which he injured himself. He received
medical attention upon arrival at the police station. The Government confirmed that according
to a medical report, he had a bruised throat and an abrasion to the rear of his left radiocarpal
joint. It was later established that he had sustained these injuries while acting unlawfully,
i.e., obstructing militia officers. The Assistant Procurator of the Lenin District decided not to
open criminal proceedings on the grounds of the absence of any element constituting a breach
of the law.
166. Concerning the demonstration held on 17 October 1999, the Government indicated that
demonstrators had gathered at Y. Kolas Square despite the fact that the rally had only been
authorized in another location. A group of demonstrators was eventually stopped by a cordon of
militia and began to throw stones at militia officers. As a result, more than 50 officers of the
Ministry of Internal Affairs sustained injuries. On 17 October 1999, the Minsk Procurator’s
Office initiated criminal proceedings on the grounds of organizing or participating in a violation
of public order committed by a group of persons. The Sovetsky and Partizansky Procurator’s
Offices in Minsk looked into allegations made by certain citizens, amongst them, V. Chernaev,
that their rights had been violated. It was concluded that there were not enough elements to open
criminal proceedings.
Observations
167. The Special Rapporteur shares the concerns the Committee against Torture expressed in
November 2000 after its consideration of the third periodic report of Belarus under the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as
follows: “[t]he absence of a definition of torture, as provided in article 1 of the Convention, in
the Criminal Code of the State party and the lack of a specific offence of torture with the result
that the offence of torture is not punishable by appropriate penalties, as required in article 4.2 of
the Convention; [t]he numerous continuing allegations of torture and other cruel, inhuman or
degrading punishment or treatment, committed by officials of the State party or with their
acquiescence, particularly affecting political opponents of the Government and peaceful
demonstrators, and including disappearances, beatings and other actions in breach of the
Convention; … [and t]he pattern of failure of officials to conduct prompt, impartial and full
investigations into the many allegations of torture reported to the authorities, as well as failure to
prosecute alleged perpetrators.” (CAT/C/XXV/Concl.2/Rev.1).
Belgium
168. Par une lettre datée du 9 octobre 2000, le Rapporteur spécial a informé le gouvernement
qu’il avait reçu des renseignements selon lesquels un certain nombre de techniques de contrainte
utilisées par les gendarmes lors des tentatives de renvois forcés, en particulier la technique dite
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