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
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