E/CN.4/2001/66 page 40 developed after the rally (stones being thrown by demonstrators), the militia officers acted in accordance with the powers granted to them by the Militia Act and had not exceeded their authority. The proceedings were therefore discontinued. 165. Concerning Vladimir Yukho, the Government indicated that he had participated in an unauthorized demonstration. Militia officers had to use physical force at the time of his arrest since he refused to go voluntarily to Lenin District police station. In the vehicle conveying him there, he continued to resist the officers, as a result of which he injured himself. He received medical attention upon arrival at the police station. The Government confirmed that according to a medical report, he had a bruised throat and an abrasion to the rear of his left radiocarpal joint. It was later established that he had sustained these injuries while acting unlawfully, i.e., obstructing militia officers. The Assistant Procurator of the Lenin District decided not to open criminal proceedings on the grounds of the absence of any element constituting a breach of the law. 166. Concerning the demonstration held on 17 October 1999, the Government indicated that demonstrators had gathered at Y. Kolas Square despite the fact that the rally had only been authorized in another location. A group of demonstrators was eventually stopped by a cordon of militia and began to throw stones at militia officers. As a result, more than 50 officers of the Ministry of Internal Affairs sustained injuries. On 17 October 1999, the Minsk Procurator’s Office initiated criminal proceedings on the grounds of organizing or participating in a violation of public order committed by a group of persons. The Sovetsky and Partizansky Procurator’s Offices in Minsk looked into allegations made by certain citizens, amongst them, V. Chernaev, that their rights had been violated. It was concluded that there were not enough elements to open criminal proceedings. Observations 167. The Special Rapporteur shares the concerns the Committee against Torture expressed in November 2000 after its consideration of the third periodic report of Belarus under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as follows: “[t]he absence of a definition of torture, as provided in article 1 of the Convention, in the Criminal Code of the State party and the lack of a specific offence of torture with the result that the offence of torture is not punishable by appropriate penalties, as required in article 4.2 of the Convention; [t]he numerous continuing allegations of torture and other cruel, inhuman or degrading punishment or treatment, committed by officials of the State party or with their acquiescence, particularly affecting political opponents of the Government and peaceful demonstrators, and including disappearances, beatings and other actions in breach of the Convention; … [and t]he pattern of failure of officials to conduct prompt, impartial and full investigations into the many allegations of torture reported to the authorities, as well as failure to prosecute alleged perpetrators.” (CAT/C/XXV/Concl.2/Rev.1). Belgium 168. Par une lettre datée du 9 octobre 2000, le Rapporteur spécial a informé le gouvernement qu’il avait reçu des renseignements selon lesquels un certain nombre de techniques de contrainte utilisées par les gendarmes lors des tentatives de renvois forcés, en particulier la technique dite