last updated 9 March 2009
Criminal Code
In February 2009, the law ‘On fundamental activities for crime prevention’ (in Russian), came into force, where a long overdue term ‘domestic violence’ has been introduced and defined. Experts call this law a significant breakthrough in an effort to tackle the problem of crimes in domestic sphere.
In 2005, the government of Belarus proposed amendments to the existing Criminal Code and the Code of Criminal Procedure. They were subsequently adopted and went into effect in January 2006. At the time the amendments were put forth, numerous international organizations and non-governmental organizations (NGOs) condemned the proposed changes. A December 2005 Press Release issued by the United Nations Special Rapporteur on Human Rights in Belarus, expressed concern over the potential adoption of the amendments put forth by the government. According to the Press Release, the introduction of the amendments would undermine civil liberties and personal security. In particular, it would severely curtail individuals’ and groups’ ability to report suspected human rights abuses to the United Nations and other monitoring organizations. The Press Release also warned that such amendments to the Criminal Code would strain relations between the government of Belarus and the United Nations, and could prevent the Special Rapporteur from carrying out his job. A 2006 report issued by The Belarusian Helsinki Committee for Human Rights (hereinafter BHC report), noted that the changes to the Criminal Code would prevent freedom of assembly. According to the BHC report, the proposed amendments were left purposely vague, allowing the government of Belarus the authority to punish people as they see fit.
Human Trafficking
Belarus has made significant gains in combating the trafficking of persons. According to the U.S. State Department’s 2008 Trafficking in Persons Report (TIP), The Government of Belarus held a conference in April 2007 to draw attention to the issue. The conference, held in Minsk and led by the Ministry of the Interior, focused on the enforcement of anti-trafficking laws. Recently, a State Action Plan spanning 2008-2010 was adopted by the Government of Belarus. The Plan seeks to enhance and expand the current government responses to trafficking in persons. The objective is to decrease prostitution, increase rehabilitation for victims and introduce new legislation addressing the issue. According to the TIP Report, The Government of Belarus has developed radio spots against trafficking and held press conferences to disseminate information on the matter.
See: http://www.state.gov/documents/organization/105656.pdf 2008 TIP Report
Article 181 of Belarus' Criminal Code on trafficking in persons was amended on 22 July 2003 to include the following:
1. Actions intended to sell or purchase or undertake other types of activities regarding turing over or obtaining a dependant person (trafficking of people), shall be subject to the arrest-up to six months; or to restriction of freedom-up to three years; or to imprisonment-up to six years.
2. The same actions committed knowingly against a juvenile; against two or more persons; with the goal of sexploitation or other type of exploitation; with the goal of using the victim's organs or tissue for purposes of transplantation; by a group people based on foregoing planning, or by an organized group; by public official at the hand of power abuse shall be penalized by imprisonment for the term from 5 to 10 years with the seizure of property or without.
3. Aforementioned actions that carelessly caused the death or heavy bodily injury of a victim shall be subject to imprisonment for a term from 8 to 15 years with seizure of property or without.