Belarus: Inmate Ill-treatment And Possible Enforced Disappearances Ongoing Concerns, Say UN Experts

GENEVA (31 October 2024) – UN experts* have again written to the authorities in Belarus to voice concerns about continuing allegations of ill-treatment in detention and unnecessary and disproportionate restrictions of human rights of former inmates.

While welcoming the recent amnesty and presidential pardons, which have reportedly resulted in the early release of at least 115 persons convicted for acts related to actual or perceived political opposition, the experts said that many individuals convicted without fair trial for the legitimate exercise of their civil and political rights remain in detention. Furthermore, reports are emerging about new unfair administrative and criminal convictions.

“The situation of some inmates belonging to the political opposition, of human rights defenders and political activists, many of whom have been convicted on extremism and terrorism-related charges, is extremely alarming,” the experts said. “According to allegations received, such inmates are subjected to various forms of ill-treatment, including denial of medical care and prolonged incommunicado detentions, which in some cases could amount to enforced disappearances.”

Several inmates have been detained without access to the outside world since February-March 2023, and families are unaware of their fate. It is feared some may have been subjected to life-threatening conditions following a drastic decline in health while detained. The fact that at least 49 of the inmates are over 60 years old makes them particularly vulnerable to abuse and violence.

The experts said the apparent misuse of article 411 of the Criminal Code for indefinitely extending the stay in prison of inmates accused of “malicious disobedience” to penitentiary administrations is also concerning.

“Concurring testimonies from former prisoners show that the pettiest misbehaviour can lead to disproportionate disciplinary sanctions and even to up to one year more in prison,” the experts said. The experts have received information about two female inmates whose prison terms have been extended twice, based on this provision, and who are now being prosecuted under article 411 for the third time, with no fair trial guarantees.

The experts observed that during the past three years, the Belarusian authorities have not responded to several communications by Special Procedures related to alleged arbitrary detentions, unfair trials and ill-treatment of inmates: BLR 4/2021, BLR 6/2022 BLR 3/2023, BLR 4/2023, BLR 8/2023, BLR 12/2023 and BLR 13/2023.

They called on the Government to provide information about the health condition, fate and whereabouts of several inmates, to investigate their alleged ill-treatment in detention and to grant pardon or remission of sentence to inmates in vulnerable situations, in line with the UN Standard Minimum Rules for Noncustodial Measures (Tokyo rules). They have also requested information about steps taken by the Belarusian authorities to bring domestic legislation on combatting extremism and terrorism in line with the requirements of international law.

*The experts: Anaïs Marin, Special Rapporteur on the situation of human rights in Belarus; Gabriella Citroni (Chair-Rapporteur), Grażyna Baranowska (Deputy Chair), Aua Baldé and Ana Lorena Delgadillo Pérez (members), Working Group on Enforced or Involuntary Disappearances; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Claudia Mahler, Independent Expert on the enjoyment of all human rights by older persons; Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

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