Iryna Dzeshavitsyna: Belarus is now able to make those guilty of torture criminally liable

Belarusan state is going to introduce he notion of torture to the national legislation, which will considerably enhance the possibility of call to account those who are indicted of torture.

This was reported to the EuroBelarus Information Service by Iryna Dzeshavitsyna, the leader of the International group of the Legal Transformation Centre “Lawtrend”.

The draft law “On amending the criminal code, code of criminal procedure, criminal and executive code, code of administrative violations and the code of procedure and administrative code of administrative violations of the Republic of Belarus” was submitted to the House of Representatives of the National Assembly of Belarus.

This draft law supplements Article No.128 of the criminal code of the Republic of Belarus, introducing the notion of torture.

“Before that Belarusan legislation didn’t give the notion of torture, which meant that there was no such offence, and, accordingly, those implicated in the use of torture couldn’t have been criminally liable. With the introduction of such a notion there is hope that those who are indicted of torture will be called to account put into practice”, - noted Iryna Dzeshavitsyna.

Moreover, the notion of torture which is going to be introduced to the criminal code is basically identical to the one in the Article No.1 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Thus, if the draft law is adopted, we can actually say that Belarusan legislation gradually adopts international standards of fight against torture.

However, how the introduction of international standards is going to work in Belarus? Everyone seems to be aware that the prosecutor’s office is not very willing to take the side of those who suffered from cruel treatment from the police.

“Of course, it is hard to say whether the new legislation is going to be put to practice, - Iryna Dzeshavitsyna agrees. – Still, the adoption of these amendments to the Criminal Code is indispensable and can only be welcomed”.