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Jurist UN experts: Belarus weaponized criminal justice system against government dissent

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Dadparvar

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Nov 11, 2016
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The UN Group of Independent Experts on the Situation of Human Rights in Belarus on Tuesday presented a report detailing the weaponization of the nation’s criminal justice system against government dissenters. The experts found violations of several international human rights treaties, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [CAT], the International Covenant on Civil and Political Rights [ICCPR], and others. The report also reiterated previous findings that Belarusian authorities had carried out a widespread and systematic attack against a segment of the civilian population. The experts concluded that the conduct amounted to the crimes against humanity of persecution and imprisonment.

The report details arbitrary arrests without charge. It notes authorities detain individuals “because of their actual or perceived opposition to the government.” Among those arrested have been peaceful demonstrators, social media critics of the government, trade unionists, lawyers, and media workers.

The report also documents beatings and denial of access to counsel, as well as defendants being held in metal cages during court proceedings. Lawyers representing people facing politically motivated charges have also been disbarred, deprived of their licenses or arrested, according to the experts.

The report describes officers placing a sack over one detainee’s head and tightening his handcuffs to the point that he suffered permanent scars. Another detainee reported that officers stretched his legs behind his back during an interrogation. A court gave a defendant 25 days to review 240 volumes, each 500-600 pages in length, while the lawyer could not make copies. The report also details forced video confessions.

In a separate account published by Belarusian human rights organization Viasna, a former detainee said he was held in a two-person cell with 10 people. He said that when his parents called police looking for him, they were told he was not in custody. He also said that following his release, police regularly checked on him and called his wife.

Belarusian authorities did not cooperate with the experts’ investigation. According to the experts, the government has also failed to hold itself accountable. The report finds that the lack of accountability constitutes violations of the ICCPR, CAT, and others. Article 2 of the ICCPR requires states to respect and ensure its rights without distinction based on, among other grounds, political or other opinion. It also requires that those who have their rights violated be provided an effective remedy by “competent judicial, administrative or legislative authorities.” CAT also contains similar provisions regarding remedies and competent authorities in Articles 12, 13, and 14.

Additionally, CAT defines torture as “any act by which severe pain or suffering, whether physical or mental,” is done intentionally to obtain “information or a confession,” or as punishment or coercion. Article 2 of CAT requires the state to take effective legislative, administrative, judicial or other measures to prevent torture. It provides no exceptions for war or other emergencies. Parties must criminalize torture along with attempts to commit torture as stated in Article 4.

Currently, there are 886 political prisoners in Belarus. There have been 4,815 individuals recognized as political prisoners since the 2020 election. Since that election, repression has increased, with multiple UN reports detailing the lack of civil liberties in Belarus.

The post UN experts: Belarus weaponized criminal justice system against government dissent appeared first on JURIST - News.

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