E/CN.4/2005/6/Add.3
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G. Unsatisfactory protection of vulnerable detainees
69.
Notwithstanding the changes introduced in the penal and procedural legislation, there are
still no special proceedings for juveniles in conflict with the law. As judges themselves have
told the Working Group, there are many flaws in the legislation which do not take into account
the special nature of minors.
70.
The Working Group notes with concern that the regime of pre-trial detention for minors
is the same as for adults. They are kept in the same pre-trial detention centres (SIZOs) as adults
and their detention is submitted to the same regime. The harsh conditions, however, lead to
worse consequences for minors because of their vulnerability. When minors are convicted,
though conditions have improved, limitations on visits continue to apply.
71.
Although Belarus has ratified the Convention on the Rights of Child, it does not seem to
comply with the principle that detention should be the last resort in the case of juveniles in
conflict with the law. According to what the Working Group was told, detention is the rule and
not the exception.
72.
The Working Group has also noticed that women are kept in the same pre-trial detention
centres as male detainees, albeit in different cells, but under the supervision of male guards. This
leads to violations of their right to intimacy and other rights. The incommunicado nature of
these centres (except for visits by lawyers, which are unrestricted) creates a breach of family
bonds, especially with the children. The situation in female prison colonies, although clearly
better in terms of visits and overall general conditions, is still too restrictive in respect of
communication with the outside world, including detainees’ children, when these are too old to
stay in the colonies with their mothers.
H. Lack of safeguards regarding detention in psychiatric hospitals
73.
The Working Group has been able to visit the State Clinical Mental Hospital in Minsk. It
was informed that all persons in this clinic had been placed there by court decision. In the
hospital, patients were free to move around, but the Working Group learned from patients that
some of them had been placed in isolation cells in the Evaluation Unit, for periods lasting from
three to six months. The Working Group would have liked to visit this unit located nearby, but
could not and was told by clinic officials that this Evaluation Unit was under the authority of the
Prosecutor’s Office and that its prior approval was needed. The Working Group was informed
that placement in the Evaluation Unit concerns persons who committed a crime or against whom
an investigation has been opened. The persons interviewed asserted that during their detention in
the Evaluation Unit they were not brought before a judge or a prosecutor and only had contacts
with an investigator. One of the patients confirmed that he was placed in detention by the
investigator and that the court decision concerning his detention was taken in absentia.
74.
The Working Group is concerned at these statements, which corroborate information
received from other sources. Among other information, the Working Group received a
complaint from the father of an inmate, who stated that the judicial decision to forcibly place his
son in a psychiatric hospital had been taken in his absence, in the absence of his family and of
his lawyer, and that none of the petitions he filed was acted upon.
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