(c)
Protect minors from any violence, including sexual violence, in places of
deprivation of liberty; investigate those cases impartially by an independent body,
prosecute and punish those responsible and provide victims with adequate remedies;
open an impartial investigation into the allegations of the minor detained in Homiel and
provide him with an appropriate effective remedy;
(d)
Bring its legislation and practice on solitary confinement into line with
international standards by abolishing solitary confinement of juveniles as a disciplinary
measure, both in law and practice, and in particular in the closed schools.
LGBTI people in detention
29.
The Committee is concerned at reports received that lesbian, gay, bisexual,
transgender and intersex people in penitentiary facilities are subject to abuse and
stigmatization by public officials and fellow inmates. Violent clashes and humiliating and
degrading treatment of homosexual prisoners by other inmates and their involuntary
segregation from other inmates due to the criminal subculture and hierarchy in prison
aggravate their conditions of detention. The Committee is also concerned at the reported
involuntary placement of transgender women together with male detainees, which exposes
them to a high risk of sexual assault (arts. 2, 11, 16).
30.
The State party should:
(a)
Take measures to protect lesbian, gay, bisexual, transgender and intersex
people from violence by public officials and fellow inmates, and in particular protect
transgender women from violence inflicted by male detainees;
(b)
End the discrimination and violence against lesbian, gay, bisexual,
transgender and intersex prisoners, abolish the practice of their degrading and
involuntary segregation and all other degrading and humiliating practices that still
persist in prisons; and investigate promptly, impartially and thoroughly all such
allegations, and bring perpetrators to justice.
Deaths in custody
31.
While appreciating the data provided by the State party on the number of deaths in
custody, the Committee remains concerned at the discrepancy between the number of
complaints lodged alleging torture or ill-treatment by the authorities and denial of medical
care, resulting in death, and the number of investigations launched. The Committee is
particularly concerned at the State party’s failure to carry out an adequate investigation into
allegations that torture by the police resulted in the death of Ihar Barbaschynski, who died in
custody in 2015 (arts. 2, 11 and 16).
32.
The State party should ensure an impartial, effective investigation into all
deaths in custody alleged to result from torture, ill-treatment or denial of adequate
medical treatment. The Committee urges the State party to carry out an impartial
investigation by an independent body into the allegations surrounding Ihar
Barbaschynski’s death.
Monitoring of places of deprivation of liberty
33.
While noting that the State party has vested public monitoring commissions (PMCs)
with the ability to visit places of detention and interview persons detained therein, the
Committee is concerned that the effectiveness of the PMCs and their ability to deter the
commission of torture and ill-treatment in places of deprivation of liberty remains limited.
The Committee is particularly concerned that the PMCs cannot visit all places of detention
without prior notice; that the membership of the PMCs remains under the control of the
Ministry of Justice; that the PMCs lack access to temporary and pre-trial detention facilities,
psychiatric hospitals, LTPs and police lock-ups; and that PMCs have no right to visit all parts
of penitentiary facilities or to speak in confidentiality with all prisoners.
34.
8
The Committee urges the State party to: