A/HRC/19/61/Add.4
Aleh Gryshkautstou and Mr. Andrei Burdyka. In its reply, the Government of Belarus
indicated that Messrs. Burdyka and Gryshkautstou were sentenced to death in accordance
with applicable law and that its Penal Enforcement Code establishes that “the corpse of an
executed person is not handed over or the place of burial communicated.” The Special
Rapporteur notes that the practice of informing prisoners of their impending execution only
moments before they die, and families only later, is “inhuman and degrading and
undermine[s] the procedural safeguards surrounding the right to life.”
(E/CN.4/2006/53/Add.3, paras. 26 and 32) The Special Rapporteur calls on the Government
to provide redress to the families of the named individuals and to abolish the practices of
informing prisoners of their impending execution only moments before they die, only
informing family members after the execution takes place, and burying the bodies in
undisclosed locations.
(c) JAL 05/04/2011 Case No. BLR 5/2011 State reply: 16/05/2011 Alleged detention and illtreatment of a lawyer and presidential candidate.
28.
The Special Rapporteur thanks the Government of Belarus for its reply, dated 16
May 2011, in response to this communication in reference to the alleged detention and illtreatment of Mr. Ales Mikhalevich. The Government indicated that Mr. Mikhalevich was
placed in pre-trial detention at a KGB detention center on suspicion of committing the
crime of “organising and participating in mass riots” on 20 December 2010. The
Government indicated that on 19 February 2011, Mr. Mikhalevich was released from
custody and restricted not to leave Minsk, but was taken back into custody on 18 March
2011. The Government reported that an inquiry was conducted into Mr. Mikhalevich's
claims that he was subjected to torture and ill-treatment while in detention and the
complaint was dismissed. The Government noted that his defense lawyers were present
during interrogations, clarified the scope of strip searches, and denied reports that he had
been forced to remain in the cell after it was painted. The Government added that he did
not register complaints about detention facility staff, and that he received medical attention
upon request. The Government denied that Mr. Mikhalevich was tortured or mistreated
while handcuffed. The Special Rapporteur believes that the information submitted by the
Government is insufficient to rebut the credible allegations received about Mr
Mikhalevich‟s treatment. Based on information available, the Special Rapporteur believes
that it is likely that Mr. Mikhalevich‟s right to physical and psychological integrity has been
violated, and urges the Government to investigate further and to prosecute and punish
whoever may be found responsible.
(d) JAL 17/06/2011 Case No. BLR 8/2011 State reply: 04/08/2011 Alleged arbitrary
detention, restrictions on family visits and access to lawyers, and denial of medical
treatment while in detention.
29. The Special Rapporteur is grateful that on 4 August 2011 the Government of Belarus
submitted a detailed reply to the communication dated 17 June 2011, regarding the alleged
denial of medical treatment to Mr. Dzmitry Bandarenka while in detention. In its response,
the Government stated that Mr. Bandarenka was examined 14 times by a doctor while in
pre-trial detention. It was indicated that since Mr. Bandarenka was transferred to the
Detention Facility No.1 of Minsk and Minsk Regional Department on 10 May 2011, he has
received medical examinations on several occasions. The Government further stated that on
26 July 2011, Mr.Bandarenka underwent surgery in Minsk Clinical Hospital No. 5, where
he had received medical treatment prior to his arrest. The Special Rapporteur is pleased to
receive such information and encourages the Government to continue its engagement with
the mandate. He calls on the Government of Belarus to ensure that all sick persons in
detention are provided with proper medical care and treatment.
14
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