ICCPR Case Digest

CCPR/C/125/D/2333/2014

Communication

2333/2014

Submission: 2013.01.04

View Adopted: 2019.03.29

Ilya Petrovets v. Belarus

Claim of detention and ill-treatment for apprehension during peaceful assembly in Belarus

Substantive Issues
  • Arbitrary arrest
  • Arbitrary detention
  • Effective remedy
  • Torture / ill-treatment
Relevant Articles
  • Article 1 - OP1
  • Article 2
  • Article 2 - OP1
  • Article 5 - OP1
  • Article 7
Full Text

Facts

The author is a Belarusian national, whom claims Belarus violated his rights under article 7 of the Covenant due to his treatment by police for exercising his right to freedom of assembly. 

On 22 June 2011, the author was monitoring a peaceful protest in Minsk as an observer, where he was arrested by two men in black uniforms. The author alleges he was forced to lie down on the floor, and kicked and beaten by the men in black uniforms, recieving at least 5 blows to his face. The author was transferred to a police facility where fingerprints were taken, and released around 10pm that same day. 

Merits

The Committee were of the view that the facts disclose a violation by the State party of Mr. Petrovets’ rights under article 7, read alone and in conjunction with article 2 (3), of the Covenant, as well as a violation of article 1 of the Optional Protocol to the Covenant.

Recommendations

Pursuant to article 2(3) (a) of the Covenant, the State party is under an obligation to provide the authors with an effective remedy, including full reparation to the individual whose Covenant rights have been violated.

Accordingly, the State party is obligated to:

  • conduct a prompt and impartial investigation into the author’s allegations of mistreatment;
  • provide the author with adequate compensation;
  • take all steps necessary to prevent similar violations from occurring in the future;
  • publish the Committee's Views and disseminate them widely in the official languages of the State party.

Implementation

The Committee noted Belarus must take all required measures and update the Committee on progress made within 180 days, or 29 September 2019.

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