meet with his lawyer within 24 hours, nor was he promptly informed of the charges against him, and that “he could not exercise other procedural guarantees as a suspect”. “peritonitis” on 1 October 2003, stating that the operation was in fact for “appendicitis”, and that he was discharged as early as 6 October 2003. 8.3 On 26 May 2004, the Minsk Central District’s Court changed the author’s penitentiary regime and he was transferred to a Gazgalyi colony-village. Since 7 June 2004, he has worked as a guard in a private agricultural firm and lives outside the colony-village. He has received visits from foreign diplomats, journalists, and the Chairperson of the United Nations Working Group on Arbitrary Detention. On two occasions, he has been allowed to travel to Minsk, for a week. His family is free to visit him without limitation. 7.2 In detention, the author allegedly developed acute peritonitis and had to be operated on “at the end of September 2003”, due to inadequate medical attention. He had suffered from ulcers for a long time and claims that he is allowed to receive only 30 kg of parcels per trimester, while the prison diet is inadequate for his ailment. 7.3 He reiterates that he had requested Mr. G.P. to represent him in court, but on two occasions the Supreme Court allegedly dismissed the latter’s requests to this effect. Mr. G.P. is a member of the Moscow Lawyers’ Guild, and under the CIS 2 Convention 3 of 23 January 1993, Russian lawyers can practise in Belarus. 8.4 On 25 April 2005, the State party reaffirms that during his free time, the author is able to conduct scientific research. The administration’s decision not to request his anticipated release was lawful and taken pursuant to the provisions of the Criminal Execution Code (CEC). On 21 September 2004, the author was granted a 7-day leave, but he returned only on 4 January 2005. During his absence, he omitted duly to inform the prison authorities or the police of the reasons for his absence, in violation of both the provisions of CEC and the colony’s internal rules. During this period, he passed different examinations and received treatment in several medical institutions in Minsk, but from 27 September to 27 October 2004, and from 23 November to 3 January 2005, he was treated at a day hospital, whereas from 12 to 16 November 2004, he stayed at home. 7.4 The author notes that the State party does not refute his allegations about the unlawful composition of the court and about the impossibility for him to file an appeal in cassation against the judgement of the Supreme Court. 7.5 As to the possibility of his conducting scientific research, the author claims that because of his detention, his contacts with foreign researchers are limited, and he is unable to use special equipment or to gain access to the latest scientific developments. Such articles as he wrote were mainly based on his memory. His computer has no Internet access and is used only for word processing, and he had no mobile phone access. 8.5 The State party contends that during his treatment in Minsk, the author consulted different specialists and passed a number of examinations, following which he was prescribed appropriate medication. The author was able to visit the local (ordinary) medical institution in charge of the penitentiary colony. Additional submissions by the State party 8.1 On 16 December 2004, the State party submits that under article 22 of the Law on Collective Organizations (1994), organizations (such as NGOs) are allowed to represent rights and lawful interests of their own members. The author was not a member of the Belarusian Helsinki Committee, and in addition, he had requested Mr. G.P. to participate in the trial not as his representative, but as a NGO representative. 8.6 By note verbale of 18 August 2005, the State party explained that on 5 August 2005, the Dyatlov regional court decided to release the author early and conditionally. 8.2 From 5 July 2001 to 1 June 2004, the author was held at the Minsk Correctional Colony No. 1. According to his medical records, during this period, he visited the medical service on twelve occasions, including for eight routine examinations in the dispensary, passed a number of specialized examinations, and was also hospitalized. He was given treatment commensurate with his health, and he received additional medicines from abroad. The State party denies that he was operated on for Additional comments by author 9.1 On 20 February 2005, the author reaffirmed that the detention centre where he was held between 13 July and 4 August 1999 was not even equipped with beds, so that detainees slept on the floor, with no visits with relatives or lawyers allowed. 9.2 As to the visits received, the author concedes that journalists, researchers, and other visitors were allowed to see him, but that this was possible only upon a specific authorization from the Ministry of Internal Affairs’ Department on Execution of Penalties. He claims that several such requests for visits were denied. 2 Community of Independent States. CIS Convention on Legal Assistance and Relations on Civil, Family, and Criminal Cases. 3 88

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