Communication
2987/2017
Submission: 2016.02.02
View Adopted: 2024.03.15
The author, Valentina Akulich, a Belarusian national, submitted the communication on behalf of her deceased son, Aleksandr Akulich who died in police custody. On 22 May 2012, the police arrested Mr. Akulich while intoxicated and placed him in a temporary detention facility in the Svyetlahorsk district police department. On 24 May 2012, the Svyetlahorsk District Court sentenced him to five days of administrative detention. On 25 May 2012, Mr. Akulich began hallucinating and behaving erratically in his cell. His cellmates complained, prompting officers to monitor him by video camera. At 12:30 a.m. on 26 May 2012, two officers removed him from the cell, claiming they intended to assess his condition and call an ambulance if necessary. Mr. Akulich resisted, and the officers used rubber batons to subdue him. They handcuffed him to metal bars, during which he hit himself against the bars. The officers later removed the handcuffs, but Mr. Akulich ran into the corridor, where they restrained him again. At 1:05 a.m., an ambulance was called, arriving five minutes later, but Mr. Akulich was already deceased. Medical-forensic reports concluded that his death resulted from chronic alcohol intoxication, withdrawal delirium, and cerebral oedema alongside 18 bodily injuries deemed minor and unrelated to his death.
On 26 June 2012, the Svyetlahorsk District Investigative Committee ruled the use of force lawful, a decision repeatedly overturned but reaffirmed after multiple reviews between 2012 and 2015. In 2015, an investigator again refused to open a case. The author unsuccessfully challenged these rulings, arguing that disproportionate force and delayed medical aid contributed to her son’s death, constituting a violation of article 7 of the Covenant.
The Committee found the communication admissible under article 5 (2) (b) of the Optional Protocol, rejecting Belarus’s argument that the author failed to exhaust domestic remedies. It noted that the three-year delay in opening a criminal case and the repeated overturning of decisions without substantive progress, despite the author’s diligent attempts effected an unreasonable prolongation rendering the remedies ineffective. The Committee also declared the claims under article 7, read alone and with article 2 (3), as sufficiently substantiated and accordingly admissible.
The Committee also held that Belarus failed to conduct an effective investigation, violating article 7 read with article 2 (3). They expounded that despite numerous inquiries and court interventions, domestic authorities failed to examine whether the force used was necessary or proportionate and limited their findings to procedural compliance rather than substantive review. This lack of a criminal investigation deprived the author of victim status and procedural rights, preventing an impartial review of her son’s death.
The Committee found that Belarus violated article 7 of the Covenant due to the unnecessary and disproportionate use of force against Mr. Akulich. They noted that the police immediately resorted to violence despite knowing he was intoxicated, mentally unstable, and unarmed, framing their treatment as in contravention with article 7. The Committee also found a violation in the failure to provide timely medical assistance. They put that the officers recognised signs of alcohol withdrawal psychosis but delayed calling an ambulance for at least 30 minutes, despite knowing his distress, resulted in a delay that prolonged his suffering and contributed to the severity of his condition.
The State party should:
Deadline for implementation: 15 September 2024
