CCPR/C/126/D/2989/2017
observations of the Committee against Torture (CAT/C/BLR/CO/5). The author refers in
particular to paragraphs 21 and 22 of the concluding observations of the Committee against
Torture in which the Committee notes the deplorable conditions of places of deprivation of
liberty in Belarus.
10.3 The author claims that the NGO reports provided by him in his initial submission
describe the situation in Belarus detention facilities, among them SIZO No.1 in Minsk.
Having the status of a remand prisoner in SIZO No.1 makes his allegations about the
conditions of detention there feel personal. The burden of proof is on the State party to
provide evidence that detention compatible with articles 7 and 10 of the Covenant is
possible.
10.4 The author clarifies that he does not claim that there should be a total ban on
extradition to Belarus. However, in cases where an extradition request concerns the death
penalty or life imprisonment, the State party makes an arrangement with the requesting
party that the death penalty will not be applied and that the individual concerned be
released on parole after 20 years in prison. By analogy, the State party should make an
arrangement with Belarus that the author will not be detained or imprisoned and that the
sanction will be limited to a fine or house arrest.
10.5 Replying to the State party’s allegation that the author returned to Belarus in 2009,
the author clarifies that he stopped going there after he found out about the detention order
dated 10 June 2006.
10.6 According to the author, the State party’s statement that his pretrial detention could
be substituted for a less restrictive measure is a speculation without any supporting
evidence.
10.7 The author repeats his claims under articles 7, 10 (1), 14 (1), 17 and 25 (b), asks the
Committee for compensation of non-pecuniary damages in the amount of 10,000 euros and
for compensation of the costs of the proceedings.
Issues and proceedings before the Committee
Consideration of admissibility
11.1 Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
11.2 As required under article 5 (2) (a) of the Optional Protocol, the Committee has
ascertained that the same matter is not being examined under another procedure of
international investigation or settlement.
11.3 The Committee notes the State party’s claim that the author has failed to exhaust
domestic remedies and abused the right to submission by misleading the Committee on the
matter. The Committee also notes the author’s argument that the domestic remedies in the
expulsion proceedings were not effective and that the decision of the Supreme
Administrative Court of Lithuania of 17 May 2017 rejecting his asylum claim was the final
effective remedy. The Committee also notes the author’s allegation that there is no formal
obligation to exhaust all domestic remedies in the context of extradition. The threshold of
imminence, however, requires that domestic remedies capable of suspending a removal are
utilized.
11.4 Referring to the author’s argument that there is no obligation to exhaust domestic
remedies in the context of extradition, the Committee recalls its jurisprudence that,
although there is no obligation to exhaust domestic remedies if they have no chance of
being successful, authors of communications must exercise due diligence in the pursuit of
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