246. Concerning article 1 of the Convention, he explained why the legislation of Belarus did not contain a definition of torture: in particular, the definition set out in the Convention, while applicable in Belarus, did not, in the opinion of his country’s experts, cover all possible cases. In such circumstances, the courts could, in his view, be called upon to determine for themselves, on a case-by-case basis, whether an act constituted torture. 247. Regarding article 4 of the Convention, he said that in 1992 the courts had sentenced five torturers, four of them to deprivation of liberty for one to four years. In addition, disciplinary measures had been taken against 300 officials of the Government Procurator’s Office in the Ministry of the Interior who had been found guilty of abusing their powers. The maximum punishment for persons found guilty of torture or ill-treatment was 10 years’ imprisonment. 248. Concerning article 7 of the Convention, he said that, under the new provisions of article 49 of the Code of Criminal Procedure, any person who was arrested was authorized to contact a lawyer as soon as he was charged and, in any event, within 24 hours of his arrest. He had the right to meet his lawyer as often as necessary and to be heard only in the lawyer’s presence. However, a detainee who refused a lawyer’s assistance would not be forced to accept it. Nevertheless, the participation of a lawyer was mandatory when the accused was liable to a death sentence and in a few other cases. When accused or detained persons were impecunious, their legal aid costs were defrayed by the State. 249. Regarding article 8 of the Convention, he said that the constituent republics of the Commonwealth of Independent States were currently drafting an extradition convention. Naturally, when there was compelling evidence that, if extradited, a person would be tortured, extradition was refused. He quoted specific examples of recent practice in that respect. 250. Concerning article 10 of the Convention, he informed the Committee that the text of the Convention and of the ratification decree had been published and widely disseminated in Belarus. The third edition of the compendium of all international instruments of which Belarus was a signatory had also been published and was available in bookshops and libraries throughout the country. Seminars on the international human rights norms to be respected were held for officials, particularly judicial officials, parliamentary representatives and members of the militia. Regarding the training of medical and prison personnel, a basic and advanced training centre had been opened at Minsk in 1988. Instruction was given there in the rules laid down by international instruments, particularly the obligations under the Convention against Torture. 251. Concerning article 11 of the Convention, he said that when detainees asked to undergo a medical examination because they alleged torture or ill-treatment, their request was granted. 252. With respect to article 14 of the Convention, he said that at its first session in 1990 the Parliament of Belarus had established a Standing Parliamentary Commission for the rehabilitation of victims of repression. In addition, a law had been adopted on rehabilitation procedures for such victims. At its current session, the Supreme Council had before it two new draft laws, one on supplementary measures for compensating victims of repression and the other on the amounts of such compensation. More than 120,000 cases connected with the rehabilitation of victims of repression would be examined within the next two or three years. 253. With respect to the rehabilitation of torture victims, a specialized hospital had been established near Minsk in 1990 for disabled ex-servicemen, but also for victims of Stalin’s repressive policies, and persons who had recently -43-

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