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Belarus

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Abramova v. Belarus

Ms. Abramova, a citizen of Belarus, is a journalist who was arrested for her activism on behalf of the “For Freedom” movement and convicted of “minor hooliganism.” She was held in a temporary detention facility for five days, where she shared a small, unheated cell with an unenclosed toilet area that lay in open view of the all-male staff. During her detention, the male prison staff directed numerous humiliating comments at Ms. Abramova, treatment that the male detainees at the facility did not receive. Upon her release, Ms.

Abromchik v. Belarus

Abromchik attended a peaceful assembly on 19 December 2010 with friends in Minsk following the announcement of presidential election results.  After the event, when she and her friends were stopped by a special unit of riot police and tried to escape, they were blocked and beaten.  An officer punched her on the leg with a rubber truncheon several times.  She realized she had a broken leg and told the police officer.  She was not taken to the hospital for several hours.  She made a complaint to the prosecutor of Minsk about the unlawful actions of the police.  S

Civil Code of Belarus

A person has the right to leave his or her property to one or several persons included or not included in the list of heirs under law, and has the right to deprive of an inheritance any and all of the heirs under law (including a surviving spouse) without giving a reason, in accordance with Art.

Code of the Administrative Offences of the Republic of Belarus

Article 9.1 of the Administrative Code prohibits the intentional infliction of bodily harm and other acts of violence. This encompasses the intentional infliction of bodily injury which has not resulted in a short-term impairment of health or a minor permanent disability, battery, and the intentional infliction of pain, physical or mental suffering committed against a close relative or family member. If breached, the penalties are a fine or administrative arrest. Article 17.1 of the Administrative Code prohibits instances of insult and other actions that disturb public order.

Constitution of Belarus

The Constitution provides for the general principles of equality and non-discrimination. Article 4 provides that democracy shall be exercised based on diversity of political institutions, ideologies and opinions. It also provides that the ideologies of different entities may not be made mandatory for citizens. Article 14 provides that the State shall regulate relations among social, ethnic and other communities on the basis of principles of equality before the law and respect of rights and interests. Article 16 states that religions and faiths shall have equality before the law.

Criminal Code Article 190 (Violation of the Equality of Citizens)

Art. 190 prohibits intentional violation or restriction of rights and freedoms, or the establishment of advantages for citizens based on, for example, gender resulting in substantial harm to the rights, liberties, and lawful interests of citizens.  This crime is punishable with a fine, correctional labor, restraint on liberty, or imprisonment for a term up to two years, as well as restrictions to occupy certain offices or be engaged in certain activities. 

Criminal Code Article 343 (Production and Distribution of Pornographic Materials or Pornographic Items with the Image of a Minor)

Art. 343 prohibits the production and distribution of pornographic materials or items of a pornographic nature depicting minors, which is punishable by correctional work for up to two years, administrative arrest, restraint on liberty, or imprisonment for a term of up to four years, and by a term of up to eight years in case of aggravating circumstances. 

Criminal Code Articles 139 (Murder), 154 (Torture), and 291 (Taking a Person Hostage)

For several crimes set out in the Criminal Code, knowing commission against a pregnant woman is an aggravating circumstance that increases the sentence.  Murdering a pregnant woman is punishable by imprisonment for a term of 8 to 12 years, life imprisonment, or the death sentence under Art. 139.  Torture of a pregnant woman is punishable by restraint on liberty for a term of one to three years or imprisonment for a term of one to five years under Art. 154.  Taking a pregnant woman hostage is punishable by imprisonment for a term of 6 to 12 years under Art. 291.

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