Case over Ihar Ptsichkin’s death in remand prison remitted for new examination

Zhanna Ptsichkina has received and answer from the Office of the Prosecutor General to his complaint regarding criminal case opened after the death of her son, Ihar Ptsichkin, in the remand prison № 1 of Minsk.

It is written in the answer that the decision to close the case as of 29.12.2014 was annulled, and the case was sent to the Investigative Committee for a new examination, Viasna human rights centre writes.

Besides, additional materials provided by Zhanna Ptsichkina were forwarded to the Investigative Committee for their examination and entering upon the record. They include pictures of Ihar Ptsichkin in the moment he arrived to the remand prison, and 4 days after, after his death.

The situation is commented upon by a lawyer of Viasna human rights centre Paval Sapelka:

“As far as I know, before his death Ihar Ptsichkin suffered pains caused by actions of remand prison officers. It is concealed by investigators, which exactly actions: Zhanna Ptsichkina is prohibited to tell about that under a threat of punishment under criminal law. Actions of the staff of the remand prison, who acted in their official capacity, causing suffering to a prisoner, are undoubtedly an act of cruel inhuman treatment. Every state, including Belarus, should take effective legal, administrative, court and other measures to prevent acts of torture in any territory under its jurisdiction., obliges to prevent other acts of cruel, inhuman or humiliating treatment and punishment, which are not covered by the definition of a torture (The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed and ratified by Belarus).

Every state which is a participant of the International Covenant on Civil and Political Rights is obliged to guarantee any person, whose rights and freedoms, recognized by the Covenant, including the right for freedom from torture and inhuman treatment, had been violated, effective means of legal protection, even when this violation had been committed by persons acting in an official capacity.

Unfortunately, the Criminal Code of Belarus does not stipulate direct responsibility for cruel, inhuman or degrading treatment or punishment by persons acting in an official capacity. However this does not mean such persons should escape punishment.”

We remind that Ihar Ptsichkin died in the remand prison on August 4, 2013 of a heart attack which reasons have not been found. The family of the deceased think that his death followed as a result of a beating by guards of the remand prison, as there were many bruises and traces of beating on his body.