CEDAW/C/49/D/23/2009
exhaustion of domestic remedies, and in the absence of any information from the
State party as to the existence of other available and effective domestic remedies of
which the author could have availed herself, the Committee concludes that the
requirements of article 4, paragraph 1, of the Optional Protocol have been met.
6.3 With regard to article 4, paragraph 2 (a), of the Optional Protocol, the
Committee has been informed that the same matter has not already been and is not
being examined under another procedure of international investigation or settlement.
6.4 The Committee considers that the author’s allegations relating to articles 2 (a),
(b), (d), (e) and (f), 3 and 5 (a), read in conjunction with article 1 of the Convention,
are sufficiently substantiated for purposes of admissibility, and thus declares the
communication admissible.
6.5 In view of the foregoing, the Committee does not share the State party’s view
that the form and content of the author’s communication do not correspond to the
provisions of the Convention and that it should be declared inadmissible. Therefore,
the Committee concludes that the present communication complies with the
admissibility criteria set out in articles 2, 3 and 4 of the Optional Protocol.
Consideration of the merits
7.1 The Committee has considered the present communication in the light of all
the information made available to it by the author and by the State party, as provided
for in article 7, paragraph 1, of the Optional Protocol.
7.2 The Committee takes note of the author’s claim that her detention for five days
in poor, unhygienic and degrading conditions, in a temporary detention facility
staffed exclusively by men where she was exposed to humiliating treatment,
constitutes inhuman and degrading treatment and discrimination on the basis of her
sex, within the meaning of article 1 of the Convention, and constitute a violation by
Belarus of its obligations under articles 2 (a), (b), (d), (e) and (f), 3 and 5 (a), read in
conjunction with article 1 of the Convention.
7.3 The Committee observes that the State party has only summarily refuted these
claims, considering them unsubstantiated. It has not provided any clarifications on
the substance of these allegations, but limited itself to a general description of the
detention premises (e.g., the size of the cells, the existing equipment, furniture,
etc.), including reference to national administrative acts regulating, for example, the
food ration of prisoners. In the view of the Committee, although this description
may be of relevance, it does not necessarily address the substance of the author’s
claims: for instance, the author did not contest the existence of a light bulb in the
cell, but specifically complained that it provided insufficient light; likewise, she did
not complain about the lack of a heater in the cell, but claimed it was turned off at
all times. Furthermore, the State party did not comment in any way on the author’s
allegations that staff working in the detention facility were exclusively male and
that, as a result, she was subjected to gender-based discrimination. In this regard,
the Committee recalls its recent concluding observations on the State party’s report
(CEDAW/C/BLR/CO/7), in which it expresses grave concern about inhuman and
degrading treatment of women activists during detention, and urges the State party
to ensure that the complaints submitted by those women are promptly and
effectively investigated (paras. 25 and 26).
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