including riot police (OMON) and KGB personnel, comply with this obligation when on
duty. In this connection, the Committee notes with concern the numerous allegations about
the lack of proper identification of the officers who carried out arrests in plain clothes, in
particular during peaceful demonstrations in March 2017 (arts. 2, 12 and 13).
18.
The State party should strengthen its compliance with legislation that requires
all law enforcement officers on duty, including riot police (OMON) and the KGB
personnel, to wear visible identification, to ensure individual accountability and
protection against acts of torture and ill-treatment. In addition, it should promptly and
effectively investigate, and as appropriate, punish law enforcement officers alleged to
act in breach of the Convention.
Psychiatric hospitalisation
19.
The Committee is concerned at reports that involuntary hospitalisation and medical
treatment in a psychiatric hospital is at times employed for non-medical reasons, such as a
retaliatory measure, which was also noted by the Special Rapporteur on the situation of
human rights in Belarus in his recent report (A/HRC/35/40, para. 92). The Committee also
deeply regrets the lack of information in respect of any effective investigation into allegations
of Igor Postnov that he had been forced to undergo a psychiatric treatment in retaliation for
his criticism of the Government’s policy and health care. The Committee remains concerned
that an independent investigation into his allegations of involuntary treatment has not been
carried out by an independent investigative body separate from the Executive’s control. The
Committee is equally concerned at the allegations of Alexander Lapitski that he had been
forced by the judiciary to undergo medical treatment in a psychiatric hospital and was found
guilty by a court in Minsk of having committed ‘socially dangerous acts’ of insulting the
President of Belarus and two judges. The Committee is further concerned at the lack of
inspection and monitoring of psychiatric hospitals to corroborate any similar complaints in
this regard (arts. 2, 1, 12, 14 and 16).
20.
The Committee urges the State party to:
(a)
Ensure that psychiatric hospitalisation is not misused to detain persons
for non-medical reasons and that hospitalization for medical reasons is decided only
upon the advice of independent psychiatric experts and that such decisions can be
appealed;
(b)
Ensure that the Mental Health Care Act provides for effective legal
safeguards
concerning
involuntary
hospitalization
as
well
as
involuntary psychiatric and medical treatment in psychiatric institutions and that they
are enforced in practice;
(c)
Establish an independent complaints mechanism and investigate
effectively, promptly and impartially all complaints of torture and ill-treatment of all
persons hospitalized in psychiatric institutions, including the allegations of Igor
Postnov and Alexander Lapitski, and, as appropriate, bring those responsible to justice
and provide any victims with remedies and redress;
(d)
Ensure an independent body has access to make regular preventive
monitoring visits to psychiatric institutions with a particular focus on monitoring the
use of involuntary placement and treatment.
Conditions of detention
21.
While welcoming the State party’s initiatives to improve conditions of penitentiary
facilities by reducing the level of overcrowding and introducing alternative preventive
measures, the Committee is concerned that the incarceration rate remains high (290 detainees
per 100,000 people). While noting the measures to reduce juvenile confinement and to close
Vitebsk no.1 re-educational camp, to renovate pre-trial units and prisons, and to
improve medical treatment of HIV/AIDS and tuberculosis patients, the Committee remains
deeply concerned at continuing reports of deplorable conditions of places of deprivation of
liberty. These include IVS (police isolators for temporary detention), notwithstanding the
State party’s measures to close temporary police detention centres in Zelva, Novogrudok and
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