Guidance

Arrested or detained in Belarus

Updated 13 March 2024

1. Chapter 1: Key Points

1.1 Overview

If you are a British national, and are arrested or detained in Belarus, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad

This information pack aims to give you, and your family and friends, information about the local system in Belarus and who can help. Consular staff can provide a printed copy to those in prison or in custody.

Contacting us

If you are arrested or detained in Belarus:

• the authorities should ask whether you want them to contact the British Embassy Minsk (and must do so if you want them to)

• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance

• friends or family can also contact the British Embassy Minsk or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

As provided by Belarusian law, the authorities are responsible to notify the British Embassy Minsk even if you do not want anyone to know that you have been arrested. This is usually done in writing or a telephone call to the Consular section. In the event the arrest took place in a remote area, this can take longer.

Dual UK-Belarusian nationality is not recognised in Belarus. If you also hold a Belarusian passport, Belarusian authorities will treat you as a Belarusian national and are unlikely to grant us consular access to you.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

British Embassy Minsk

37, Karl Marx 220030 Minsk

Telephone +375 17 229 8200

Online contact form

You can also contact us by phone 24 hours a day for help or advice from anywhere in the world by calling the Foreign, Commonwealth and Development Office on 0207 008 1500.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

Belarusian authorities may take a few days to notify the Embassy of your arrest. Once we are notified, we aim to contact you as soon as possible.

We can also:

• provide a list of local English-speaking lawyers and interpreters

• provide general information about Belarus, detention conditions, and the local legal system

• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services

• keep in regular contact with you, either by visiting or by telephone or letter. The frequency of contact will depend on local conditions and your personal circumstances

• tell the police or prison doctor, with your permission, about any medical or dental problems including medication

• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad

• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards

• help to transfer money to you from your friends or family. In places where phone or postal services are not available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

• in some circumstances we may be able to help you apply for a transfer to a prison in the UK.

What we cannot do

• get you out of prison or detention

• help you get special treatment because you are British

• offer legal advice, start legal proceedings or investigate a crime

• pay any costs because you have been arrested

• forward you packages sent by friends or family

• prevent authorities from deporting you after release

1.2 First Steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Belarus.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance. If you are unable to commission a defence lawyer, the Belarusian law entitles you to free legal representation by a state-appointed local lawyer.

Consular assistance: fair treatment

We cannot get you out of prison or detention or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad - a UK charity which supports British citizens detained overseas and their families.

2. Chapter 2: Detention conditions in Belarus

2.1 Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Belarus for the latest information on safety and security, entry requirements and travel warnings.

If the relatives wish to visit a Remand Centre, they must obtain a visiting permit. Visits to remand prisoners from relatives and friends are subject to authorisation by the investigating officer/authority or the court dealing with the case.

Permits issued during the remand period do not remain valid after the sentence has been passed, and visitors therefore need to re-apply.

It is necessary to re-apply for a permit after every visit.

Prisoners are allowed short-term meetings with visitors lasting up to four hours and longterm meetings lasting up to three days in specially equipped premises on the territory of a penitentiary facility.

Prisoners, on their request, are allowed meetings with lawyers or with other individuals competent to provide legal assistance with the aim to obtain legal aid.

If your family or friends want to visit you they should contact the lawyer and the Embassy before travelling.

What to expect when you visit

If you are visiting a prisoner, you need to present your photo IDs (passports) upon arrival. You will be security checked. Electronic and potentially dangerous items, as well as cameras and video cameras, audio recorders and copiers are not allowed on prison premises. Visitors under the influence of alcohol or drugs and those not listed in the visit permission are not allowed in.

A visit may start late, or participants may be requested to keep it shorter than three hours. Prison staff may end the visit if you attempt to pass any forbidden items, food or substances or share any information on the criminal case.

Visits take place in a special meeting room. The visitors and the prisoner are normally separated by a glass partition, and they can clearly see and hear each other. The conditions and equipment in meeting rooms may vary depending on the facility. The visits by family members can only take place with a prison member of staff present who are able to observe and hear the visitors and the prisoner.

Prison authorities may place further restrictions on visitation conditions in emergency situations, like an infectious disease epidemic.

What you can take on your visit

Prisoners are allowed to receive parcels, packages and small parcels in the quantities specified by the Code, depending on the type and the security level of the penitentiary facility.

Convicts with a medical condition and convicts that have disability groups I and II are allowed to receive an additional package or a small parcel with medications in accordance with the medical certificate issued by a doctor in charge of their case.

You need to take all items to a specially designated reception room either before or after the visit, as you are not allowed to pass them directly to the prisoner.

The list of acceptable and prohibited items is normally displayed in the reception room and may vary depending on a facility. Prison staff will check all items, and those not accepted will be returned to you.

The following items may be accepted: food, toiletries, clothing and footwear (except military uniform), writing supplies, books/magazines/newspapers in the Belarusian or Russian language. Prison staff will check all printed materials.

Visits: consular staff

The British Embassy Minsk consular staff normally visit a prisoner once every six months. The frequency of consular visits is based on a prisoner’s vulnerability. If the consular team becomes aware of any substantial deterioration of a prisoner’s health or wellbeing, gross mistreatment or human rights violation, a scheduled consular visit may be brought forward.

You can write to us at any time on matters that concern you at:

British Embassy Minsk/Consular Section

37, Karl Marx, Minsk 220030

C/o Consular Section

For a prisoner on remand, all their incoming/outgoing mail is subject to censorship by the respective authority.

Prison authority has to translate into Belarusian or Russian all mail in a language other than Belarusian or Russian. Belarusian law sets no limit on the time taken by the authority to translate the mail. This may lead to a substantial delay in the delivery of mail to/from a prisoner on remand.

Emergency trips outside of prison

You may be able to make an emergency trip outside of the prison if you are a sentenced prisoner (not on remand). It depends on the category of your sentence, your personal circumstances and the type of emergency (illness or death of a close relative, natural disaster affecting the prisoner’s family). You need to submit a written request for an emergency trip to the prison governor. If the governor allows the trip (however on practice it normally doesn’t happen), you will need to cover the cost of the trip.

An emergency trip outside Belarus is not possible.

2.2 Police custody and initial arrival at prison

Arriving at the police station: your basic rights

In Belarus, a person can be detained by the police (militia) or another law enforcement agency, such as the Border Guards or the KGB – Committee of State Security.

After detention the following will happen:

• The agency responsible for your detention is obliged to inform the Embassy or your next of kin, or to allow you to inform the Embassy or your next of kin, within 12 hours of detention;

• Your passport and personal belongings will be taken from you;

• The reason for your detention should be explained to you. A copy of the decision to initiate criminal proceedings, and a notification of rights should be provided;

• An interpreter should be provided within 24 hours from the moment of detention;

• Detainees should be told about their right to free legal aid. This means a lawyer should be appointed within 24 hours of detention. If not, the detainee has the right not to participate any further in the case. The detainee must be given a chance to meet a lawyer before the first interview. You should be told about your right to write a petition to the local Prosecutor with any complaints or requests;

• You should be interviewed in the presence of a lawyer and an interpreter within 24 hours of detention.

Suspects are held first in holding cells at local police stations for up to three hours. If after three hours the police consider that they have enough information to start a criminal investigation, the suspect is transferred to temporary holding facilities or IVSs. The prosecutor determines how long a person should remain in the IVS. This depends on the offence and could be anything from 72 hours to 10 days. At the end of this period the police must either free the detainee, bring him/her before a judge, or transfer him/her to a remand centre or SIZO.

Detainees have the right to legal representation, and investigating officers, prosecutors and judges are obliged to make them aware of this right. Suspects have the right not to make any statements until their legal representative is present. The law instructs the police to inform suspects of their right to legal aid and their right to refrain from making any statements in the absence of a lawyer. The law also states that when this is not complied with, the suspect or their family can apply to a court for redress and compensation.

You can employ a [lawyer]((https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers?country=Belarus) at any time after your arrest. A privately engaged lawyer will usually ask for an advance on the estimated legal fees, which may be high, before they will take on your case.

Under Belarusian law, if you are unable to pay for legal representation, you will be provided with a legal aid lawyer free of charge appointed by the investigating officer. You will be informed of the name and address of the lawyer appointed. You cannot choose your own legal aid lawyer.

A legal aid lawyer is usually present at police interviews. In many cases he or she will work in liaison with the investigating officer. Your lawyer must be present when you are charged.

Appearing at court

In Belarus, a court is the only authority, which has a legal right to find someone guilty of a crime and sentence them. Once the investigation into the alleged crime is complete, the investigating authority forwards the case to the state prosecutor who then forwards the case to court. The court will schedule a hearing or a trial.

In a trial, a Belarusian court puts the prosecution against the defence and requires both to find and present the evidence of their position. The parties to court proceedings are prosecution (a state prosecutor and an investigator), defence (a suspect and their defence lawyer) and third parties (witnesses, experts). The suspect has a right to refuse services of a free defence lawyer appointed by the state and hire a lawyer of their choice. The suspect also has a right to refuse any legal representation.

Belarusian court proceedings are conducted in the Belarusian or Russian languages. The lawyers in Belarus (provided by the state or privately hired) are not required to speak a foreign language, including English.

If you have been charged with a crime, you have a right to make a statement at the trial, file a complaint, testify, speak at the trial and familiarise yourself with your case file materials. If you do not have a good command of the Belarusian or Russian language, you have a right to speak your own language and use the services of an interpreter provided and paid for by the state. Any court proceeding with participation of a non-Belarusian/Russian speaking party includes an interpreter appointed by court.

Read more about the Belarusian judicial system in Chapter 3.

Initial arrival at the prison

Once your prison sentence has come into force, you, together with your personal file and belongings, will be transferred from the remand prison to a camp or a prison. Each day you spent in remand prison counts toward your sentence time as one and a half day.

The prison authority is responsible to notify the British Embassy Minsk of your arrival to the premises.

Upon arrival at the prison, you will be searched and then examined by a medical specialist. Prison staff make an inventory of all your belongings and put it on file. Prison authorities will retain all the items that you are not allowed to keep including money and other valuables. You will not have any access to these until the time of your release.

You will be sanitised and placed in a holding cell for two weeks for infection control purpose. You, your belongings and the cell where you are accommodated may be searched at any point.

Prisoners are entitled to telephone conversations with close relatives with each call lasting no longer than fifteen minutes. Telephone calls are paid for by the convicts from the resources kept on their personal accounts and are controlled by the administration of a penitentiary facility. The call is also subject to technical capacity of the prison, and availability of an interpreter as the prison staff are required to monitor prisoners’ calls.

Convicts confined in penal (disciplinary) isolation wards, in cell-type premises and in solitary cells can be allowed telephone conversations only in exceptional circumstances.

The prison authority should provide you with a uniform for inmates and basic toiletries. You are not allowed to use your own clothing.

Police officers are required by law to provide emergency medical care when it is required. Detainees should be asked on arrival at IVSs (acronym from the Russian – izolyator vremyenogo soderzhaniya) whether they have any health problems. This is usually carried out by a duty officer.

Sentenced prisoners are given a medical examination on arrival at the prison. There are special hospitals at prisons that can provide any kind of medical assistance, including dental treatment and mental health care. Any healthcare that is not available in prison hospitals is provided in Ministry of Health facilities. If you need surgery you will be transported to a local hospital.

Psychological assistance is provided to prisoners at their request (Russian-speaking psychologists).Convicts with a medical condition and convicts that have disability groups I and II are allowed to receive an additional package or a small parcel with medications in accordance with the medical certificate issued by a doctor in charge of their case. The medications are kept in the medical ward of the penitentiary facility and are issued to a person as prescribed. These convicts are also allowed to receive an additional parcel or package during a three months’ period with food items recommended by the doctor.

2.3 Prison: conditions and daily life

The penal system in Belarus is run by the Department of Execution of the Punishment (DIN), which is under the jurisdiction of the Ministry of Interior.

There are the following penitentiary facilities in Belarus: penal colonies, reformation colonies, prisons, medical correctional facilities. Pre-trial detention facilities (SIZO) perform the functions of penitentiary facilities in respect of convicts to deprivation of freedom that are left in pre-trial detention facilities to perform household servicing works.

Prisoners for a term of less than seven years with servicing the sentence in conditions of general or reinforced security and who have not earlier been subjected to punishment through deprivation of freedom, can be left, on their own consent, in pre-trial detention facilities to perform household servicing works.

The judge’s verdict provides the type of penal institution where a convicted person is to serve their sentence. The DIN decides which penal facility a prisoner will be sent to.

The conditions in penitentiary institutions are impacted by the poor state of the infrastructure and remain among the worst in Europe.

Accommodation

In Belarus, separate prison facilities are used for sentenced prisoners (camps and prisons) and those on remand (pre-trial detention centres).

In pre-trial detention centres, a cell normally accommodates one or several persons.

In penal camps prisoners are accommodated in barracks with the capacity of twenty beds or more and are expected to work until they reach retirement age. Prisoners serving their sentences in penal settlements are also accommodated in barracks but are allowed to move freely within the confines of the settlement during the day.

There are normally washbasins, electricity and running cold water in the cells and barracks. Cells and barracks may or may not have hot water, and most of them have natural light. Cells and barracks are normally heated from October until April.

The most common complaints are about lack of light and inadequate ventilation, access to showers, poor medical service and inadequate food.

Overcrowding is a problem in Belarusian prisons so you cannot expect a single cell as a matter of course. Large dormitories are the norm.

Pre-trial detainees and sentenced prisoners in the SIZOs (acronym from the Russian sledstvenyi izolyator to await trial) can read newspapers and books from the libraries (in Russian or Belarusian). Televisions may be brought in by relatives.

Food and Diet

Normally, you are entitled to three hot meals a day. But the quality of food is low with lack of fresh vegetables and fruits or dairy products.

The prison diet does not cater to specific religious or lifestyle needs. You can supplement your diet by buying food from a prison shop with the money from your private prison account. However, there is a limit to the amount of money you can spent each month, depending on the detention regime as well as choice of products is limited.

Your family can also bring or send food, although there are multiple restrictions on what they can or cannot bring, and they vary depending on a specific facility. There is also a limit to the number and weight of parcels, which you are entitled to, and it depends on your detention regime.

Hygiene

Barracks or cells normally have running cold water but may or may not have hot water. There is usually a schedule to take hot showers at a prison facility. You can take a shower at least once a week, while your underwear and bedding should be changed weekly. The shower facilities are communal.

Conditions at shower stalls and toilets may vary depending on a specific facility and may be substandard at the older facilities.

Prison administration should provide basic toiletries, including soap, toothpaste and toothbrush, toilet paper, shaving razors for men and hygienic supplies for women. Basic toiletries are normally available at prison shops.

Work and Study

Sentenced prisoners are required to work if they are fit to do so and work is available for them. Convicted prisoners, whose sentences have not yet been confirmed, may participate in work with permission.

This work is paid (with small money) and lasts at least 8 hours per day with a break for lunch, five or six days a week. The cost of your sustenance is subtracted from your monthly pay.

Normally male prisoners do metal or woodwork, and women sewing. Prison administration may request you to work for free on repairing and renovating prison premises.

Each prison has a library, where books and newspapers are available in Belarusian and Russian language. We will try to bring books, magazines or newspapers in English when we come to visit.

A prisoner can read books at a library in the reading hall, or keep them in his cell.

Penitentiary facilities organise studies for prisoners to obtain general secondary, professional and technical education and to undergo professional qualifications training. Professional and technical education and professional qualifications training are arranged in the areas (trades, specializations and professions) in which convicts, based on the qualification level they achieve, will be able to work in the penitentiary facility and after release from it. Local executive and administrative authorities create the necessary conditions for the convicts to obtain education in penitentiary facilities.

Contact and languages

In most camps, contact with other inmates is not restricted, while it may be restricted in prisons or special camps, including for political reasons, as political prisoners are marked with yellow label as extremists. Contact with other inmates may also be restricted for you if you are subjected to disciplinary actions due to a breach of prison regulations. You are, then relocated to a disciplinary cell or a single person cell for a certain amount of time.

You may or may not be put in a barrack or cell with other English–speaking inmates. This depends on the goodwill of the prison administration and availability of space.

Prison guards are not required to speak a foreign language, including English. Some of them may have very basic English-language skills obtained as part of their secondary school education.

Prisons in Belarus do not offer language classes for non-Belarusian/Russian speaking inmates.

Access to mobile phones is prohibited in Belarusian prisons. Internet access is also not available. You are able to make phone calls at your own expense using designated prison landlines. These may or may not include international calls depending on prison’s technical capacity.

You can use writing supplies purchased at your own expense or brought by family or friends. You can send and receive letters by post. All incoming and outgoing correspondence is subject to censorship.

Prisons normally have libraries, but the assortment of books may be limited, and it may not include books in foreign languages.

You can order English-language books from outside, but these will have to be censored by the prison authority before being handed over. You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

No books depicturing crimes, violence, political issues, inciting hatred or conflicts or including erotic or pornographic materials are allowed on the prison premises.

You can watch television provided by prison administration and shared by inmates. You cannot have your own TV or radio sets.

Prison authorities see positively if you get enrolled in studies, demonstrate good results at work and take part in social activities in prison, and reflect this on your record.

Exercise

In camps, you are permitted to go outdoors within the premises and move around during the day: to and from work - in a group accompanied by camp guards, or unaccompanied during your free time. You are not allowed to leave your barracks at night.

Movement around premises is restricted for prisoners in special camps and prisons and those serving in other types of camps under strict regimes or subjected to disciplinary actions. The prisoners under strict imprisonment conditions are allowed an hour long walk at a specially designated outdoor area.

Climate

Climate in Belarus is somewhat similar to that of the UK in the summer and several degrees colder in winter. For the winter, you should be provided with a set of warm clothing, which you can supplement with your own warm underwear.

Religion

You are free to take part in religious services of your choice or refrain from any religious activities. You are allowed to have religious books and items and conduct religious ceremonies.

You have a right to the individual meetings with a clergyman of your choice. Prison administration allows onto prison premises only the representatives from the officially registered confessions.

In Belarus, there are no religious ministers among prison staff.

Rules and regulations (including drugs)

Upon arrival in a penal facility, you are placed in a quarantine ward for up to two weeks. While there, you are given a summary of prison rules and regulations, your own rights and responsibilities, daily schedule, fire safety instructions as well as possible sanctions for breaching any of these. You should also be informed of your right to request a transfer to their home country. You have to sign to say you have read all the above.

Possible punishment for breaching the prison regulations include a verbal reprimand, and a transfer to solitary confinement for up to fifteen days. Repeat offenders may be transferred from barracks to cells, or to solitary confinement. Such punishment is also complemented by temporary restriction of access to phone calls, visits, shopping in a prison store, receipt of parcels, and outdoor walks.

According to Belarusian law, the most severe violations of prison regulations include use of psychoactive substances, threats or disobedience to prison staff, manufacturing of prohibited items, dodging of forced treatment, staging or participating in riots, homosexual relations and refusal to work.

Communities of inmates in Belarusian prisons often have their own code of honour, rules and regulations established or forced upon the inmates.

Prisoners guilty of drug-related crimes constitute a major share of inmates in Belarusian prison, while the majority of those were drug users rather than dealers or manufacturers.

In case you have a concern over your safety or wellbeing, you have a right to raise this with the prison authority verbally or in writing, your lawyer during a meeting and the British Embassy Minsk by phone, post or during a consular visit. 

2.4 Prison: access to help and services

Receiving money

There are two ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends

• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day).

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. British national prisoners in Belarus may be eligible for the Craig Feehan Fund and the Medical Fund, provided they do not receive financial support from their family or friends. See Chapter 4 for more details.

Medical and dental treatment

While you are detained, Belarus is responsible for ensuring your basic medical needs are met. According to Belarusian law, all prisoners are entitled to free medical services by the state providers.

Each prison has doctors and nurses on staff. Emergency medical services are provided 24 hours a day. In case of medical emergency, you should call the guard for assistance. You can request a routine appointment with a prison healthcare specialist.

If you require a test, or a specialist assessment or treatment which cannot be carried out on the prison premises, you will be transferred to the nearest external state hospital for prisoners.

Most healthcare providers do not speak English and the quality of services and medicines may be below UK standards.

Medical services provided to prisoners include psychiatric and dental services. Prescribed medication is normally provided by the prison, but it is most likely to be locally manufactured. Family or friends can bring or send prescribed medicine to you in prison, but it can only be taken by you under the direct observation of the prison medical personnel.

You can also order glasses at your own expense or ask the family or friends to send them to you. With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK if the police or prison doctor requests previous medical records and this is in your vital interests.

Letters and parcels

Prisoners are allowed to receive parcels, packages and small parcels in the quantities specified by the Code depending on the type and the security level of the penitentiary facility.

Convicts with a medical condition and convicts that have disability groups I and II are allowed to receive an additional package or a small parcel with medications in accordance with the medical certificate issued by a doctor in charge of their case. The medications are kept in the medical ward of the penitentiary facility and are issued to a person as prescribed. These convicts are also allowed to receive an additional parcel or package during a three months’ period with food items recommended by the doctor.

Convicts have the right to send parcels, packages and small parcels to close relatives and, upon permission by the administration of a penitentiary facility, to other individuals.

Prison staff will inspect all parcels before they are handed over to you.

You can send and receive an unlimited number of postal cards, letters and telegrams at your own expense.

All incoming and outgoing mail is subject to prison censorship. The prison authorities are responsible to complete translation and censorship of letters, cards and telegrams in a foreign language and release it to its recipient.

There are many restrictions as to what can be sent or hand-delivered to a prison. Prohibited items include, but are not limited to, drugs, alcohol and any toiletries containing it, weapons, drones, poisonous and radioactive substances, cash and other valuable items, mobile phones and other electronic devices, maps, photo and video cameras, pornographic and extremist materials, uncooked food. Any item which may potentially cause harm to a prisoner’s health, including self-inflicted harm, are forbidden (scarfs, shoelaces, notebooks bound by spiralled wire, berries and fruit which can be fermented).

When sending a letter or a parcel to you in prison in Belarus, your family and friends need to make sure that the full address and name of the prison as well as your name and the date of birth are indicated, alongside the sender’s full name and address. Prisoners in Belarus are not assigned individual numbers and are identified by their full name and date of birth.

British Embassy Minsk can assist with obtaining and verifying postal details for a British prisoner in Belarus.

Telephone calls

Prisoners are normally permitted to make both domestic and international phone calls. However, if you have been subjected to a disciplinary action or are serving your sentence under the strict regime, you may be granted permission for a phone call only in exceptional circumstances.

You have to register the numbers you wish to call with the prison administration. The duration of each call does not exceed fifteen minutes. The international calls may not be possible due to the prison’s infrastructure limitations.

Calls can only be made through the prison land line and may be monitored by prison staff. The cost of calls can be charged to your personal account at the prison or covered out of your account or calling card with service providers.

Mobile phones are not allowed in Belarusian prisons. If you are found in possession of a mobile phone, you can be subjected to disciplinary action.

Making a complaint about mistreatment

As provided by Belarusian and international law, you have a right to keep in touch with your Embassy and report any issues to them. If you have been mistreated, please inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and, if possible, photos of the injuries you received.

According to Belarusian law, you have a right to lodge complaints about imprisonment conditions or a mistreatment to prison administration verbally or in writing and request an appointment with a member of prison administration, DIN representative or a prosecutor.

You have a right to lodge a written complaint in your native language and receive a written response translated to your native language.

Prison staff records complaints made to prison administration, including through a personal appointment, in the logbook.

You have a right to lodge a written complaint to the external governmental bodies including prison monitoring boards, court, prosecution or the Belarusian President. If you have no funds on your prison account, prison administration should post such complaint at prison expense.

3. Chapter 3: The Belarusian judicial system

3.1 Overview

Unlike the UK, which is a common law country, Belarus has a civil law system. It has many differences from the UK system. Belarusian law includes both codified laws (for example, the Civil Code and the Criminal Code) and other laws which must be consistent with the relevant codes.

International law is recognised as part of Belarusian legal system, but Belarusian domestic legislation may override provisions of international law.

Legislation of the Republic of Belarus comprises normative legal acts regulating social relationships.

The various kinds of such legal acts include: the Constitution (the main Law of the Republic of Belarus having the supreme legal power), the codes, the laws, the decrees, the resolutions and other.

As for the Judicial System, the Supreme Court is a single supreme judicial body for civil, criminal, administrative and economic cases. The Supreme Court heads the system of courts of common jurisdiction in the Republic of Belarus. Currently the system of courts of common jurisdiction consists of:

• The Supreme Court;

• The regional (Oblast) and the Minsk City courts;

• The economic courts of the regions (Oblast) and of the city of Minsk;

• The district and city courts.

Effective 01 January 2014, an integrated system of forced execution of judicial decisions and of other court orders was established and it incorporated into its structure the law enforcement officers of common courts and of the Service of the Law Enforcement Officers of Economic Courts.

Execution in criminal cases is carried out in accordance with the procedures established by the Criminal Execution Code of the Republic of Belarus of 11.01.2000 N 365-Z.

The prison system operates within a legislative framework in which the most important instruments are the Criminal Code, the Criminal Procedural Code and the Criminal Executive Code.

All criminal cases against foreigners and stateless persons are considered under the Criminal Procedural Code.

Court cases are open to the general public except for cases involving state secrets, private matters (adoption of a child, etc.) or major concerns over a party’s security. A trial may also be closed to the public following a party’s petition.

The key parties to civil proceedings are the claimant and the defendant. In criminal proceedings, the key parties are the prosecutor and the accused.

Persons assisting in the delivery of justice include among other witnesses, experts, interpreters.

As set by the Belarusian Constitution, every person accused of committing a crime is innocent until proven guilty. In criminal cases, the accused can plead guilty or not guilty. In the UK a defendant who pleads guilty is automatically convicted and the remainder of the trial is used to determine the sentence.

In civil cases, courts can hand down a verdict in favour of the claimant or the defendant. These include recognition of a right, specific performance of an obligation, compensation for losses.

There are two possible verdicts in criminal cases: guilty and not guilty.

Capital punishment is currently applied in Belarus for a number of offences.

The main stages of a prisoner’s case are:

• Investigation into the criminal case by an investigating authority to gather evidence and establish the circumstances of a crime.

During the investigation, the suspects or accused may be subjected to restriction measures: an undertaking not to leave, a house arrest or incarceration. Prisoners on remand are placed in the special remand prisons (pre-trial detention centres) where they remain until the court has made a verdict.

A criminal case may be closed before it comes to court, if both parties have arrived at an amicable solution (if it is possible under the law), or the accused has repaired the damages to the affected party.

• Once the investigation has been completed, the investigating authority will forward the case to the state prosecutor.

• The prosecutor reviews the case and finds it suitable for consideration by court or return it to the investigating authority for further action.

• Upon delivery of a verdict, the accused has ten days to appeal the verdict at the appeal court, otherwise it comes in full force.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.

3.2 First steps

3.3 What should happen after you are arrested

All details on detainee’s rights upon arrest and subsequent developments are available at Section: Police custody and initial arrival at prison.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers

How long you can be remanded in custody

The Investigative Committee of the Republic of Belarus carries out preliminary investigation of the cases.

According to the “Criminal Procedure Code of the Republic of Belarus”, preliminary investigation in criminal cases must be completed no later than within two months from the date the criminal case was launched and until transferring of the case to the Prosecutor’s Office for submittal to court or until the date of termination of the proceedings on the case.

The term of preliminary investigation can be extended from three to six months under the circumstances specified by law. Further extension of the preliminary investigation term may be made only in exceptional cases by the Prosecutor General of the Republic of Belarus, by the Chair of the Investigative Committee of the Republic of Belarus, by the Chair of the Committee for State Security of the Republic of Belarus or by their Deputies.

Prisoners on remand and sentenced prisoners: differences

Prisoners on remand are normally kept separately from the convicted ones. Rights of prisoners in remand prisons, those in penal camps and prisons and conditions of imprisonment are detailed in Section: Police custody and initial arrival at prison.

After you are charged

As set out by Belarusian Criminal Code, in case sufficient evidence of your complicity in a crime has been gathered through a preliminary investigation, the investigator can bring charges against you. This is normally documented in a conclusion to indict providing all details of a suspect, the time, place and other circumstances of the alleged crime and naming respective articles of Belarusian law.

The prison administration hands over a copy of the conclusion to indict to you in presence of your defence lawyer, if you have commissioned one previously. A conclusion to indict is normally completed in the Russian language, and you may need an interpreter to explain it to you.

All rights of the indicted are set out by the Belarusian Criminal Code. These include, but are not limited to:

• receiving a copy of the above statement

• refraining from making a statement in order not to incriminate yourself

• providing evidence, filing motions and objections, making statements in your native language

• accessing services of a free interpreter

• hiring a lawyer or commissioning a state-appointed free one

• having an unlimited number of visits by your lawyer in confidence

• familiarising yourself with the case materials of the preliminary investigation.

If you believe the charges are false, you now need to work with your lawyer to gather proof of your innocence to be presented during court trial.

Non-Custodial Measures/Bail

In accordance with the Criminal Code there are three possible pre-trial noncustodial measures:

• a personal guarantee not to leave the town of residence;

• a guarantee by another individual or an organization; or

• a bail deposit.

Non-custodial measures do not apply to violent crimes.

The British Embassy Minsk can assist you with contacting friends and family who may be willing to help with raising bail.

The FCDO cannot transfer bail funds.

3.4 Trial and legal assistance

Legal assistance: lawyers and legal aid

You have the right to either

• a state-provided free lawyer

• hire your own lawyer

• refuse legal representation

The right to free legal representation is unconditional. If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack. Prisoners Abroad can also supply general, non-country-specific information on legal aid, court proceedings and can advise on appointing a lawyer.

The costs of hiring a private lawyer as well as payment conditions may vary a great deal and you need to negotiate it with the specific lawyer.

The state normally provides interpretation services free of charge. In fact it may take a couple of days for the authorities to provide a free interpreter, therefore you may hire your own interpreter using a list of interpreters provided at the end of this pack. The service fees may vary, and you need to agree them with the specific service provider.

The British Embassy Minsk can assist you with contacting friends or family in the UK to seek their financial support to cover your legal costs in Belarus.

Court fees and trial costs may be paid by the state or charged to you. The court will decide this as part of their verdict. The state should always cover the costs of services of a state-provided interpreter and defence lawyer.

If a criminal case against you was terminated, the court fees and trial costs may be charged to you. If you have been cleared of any charges, you have to pay no cost.

Trial

In Belarus, when a criminal case comes to court, the judge schedules a trial. A trial may be held over several sessions. Once a trial has been scheduled, the judge subpoenas witnesses.

At a trial, the judge can question witnesses and the affected party through videoconferencing, while you have to be present in the courtroom. A trial is normally open to general public except for cases involving state secrets, sensitive private matters or major concerns over a party’s security. Those present in a court room have a right to make written records or audio-recoding, while filming or taking photos can be done only with a prior permission of the judge.

The court verdict is always read at the final session open to the general public, except for state security-related cases when public can only hear the preliminary section and the sentencing section of the verdict.

The members of the court normally include a judge, a secretary, a state prosecution representative (has always to be present during a trial), a defence lawyer (who can be removed or replaced without restarting the trial) and experts.

None of the judges can be removed or replaced during a trial. If this happens, the trial has to be restarted.

All proceedings in a court room are recorded in the session protocol, which is completed and signed off by the presiding judge.

Sentences

The following penalties can be handed down by court:

• for administrative offence: a warning; a fine; confiscation of tool or subject of offence; revocation of right; expulsion; disqualification; short-term detention (up to 30 days); suspension of activity; mandatory labour

• for criminal offence: a fine; restriction of right to take up a certain occupation/position; detention; revocation of title, grade or award; correctional labour; restriction of military service; house arrest; arrest; imprisonment for a period/life; death penalty

Expulsion (выдворение) can only be handed down by court, while deportation (депортация) can only be ordered by a state authority (Ministry of Interior, State Border Committee). Both can be either self-administered (you have to depart by yourself within a set timeframe) or forced (you are transferred from the courtroom to a state deportation centre and remain there until you are escorted out of Belarus).

You may or may not be deported from Belarus upon your release from prison, if expulsion was not your court sentence. You should cover the cost of a forced expulsion or deportation yourself. If you or your family or friends buy you a ticket, this can substantially expedite your departure from Russia.

The British Embassy Minsk can help you contact your family or friends in the UK for the purchase of your ticket to the UK and liaise with the authorities to forward your ticket to you.

You may be deported back to the country from where you came to Russia, or to the UK.

Appeals

The defendant as well as the state prosecution and the affected party may appeal the verdict made by court. They have ten days from the date the verdict was made (for prisoners on remand - from the date when the defendant received a copy of the verdict) to lodge the appeal.

Grounds for appeal may include severity or leniency in sentence, fact-finding errors, and approval or dismissal of a party’s motion, among other court decisions.

If no appeal has been lodged within 10 days, the verdict made by the court of first instance comes to full legal force.

Even if the appeal is made with a view to mitigate the original punishment, the actual appeal process may have the opposite result.

3.5 Reaching the end of your sentence

Reduction of sentence (remission)

Remission is subject to the approval of the Court reviewing cases. The reduction depends on the sentence and is granted progressively, i.e.

• up to 3 years: the case is reviewed after a year;

• up to 8 years: the case is reviewed after 4 years;

• more than 8-10 years: the case is reviewed after two thirds of the term has been

completed.

Remission can be withheld, for example for bad conduct.

A process known as amnesty also exists in Belarus. This does not mean that the prisoner is released, but that the sentence is reduced by one year by Presidential decree. It usually coincides with national holidays and takes place annually. It applies to women, young offenders and older prisoners who have not been charged with a serious offence, have a good record of conduct and have shown an effort to rehabilitate.

Early release

After serving half the sentence (except for those charged with a serious offence), prisoners become eligible for conditional release. This is not a right, nor is it something that can be applied for. It is entirely for the court authorities to decide. The prisoner’s file is automatically submitted to the local court Judge responsible for reviewing prison sentences. The procedure usually takes no more than a month.

Factors such as good behaviour and rehabilitation are taken into account.

Clemency or pardon

The Belarusian law provides for clemency. Clemency may come as pardon (forgiveness of a sentence). In Belarus, only the President can grant clemency.

Financial penalties

Financial penalties may be the whole or part of the sentence. A prison sentence may be substituted with court fines in case of a minor or medium level offence, and if the offender has compensated the losses or repaired the damages to the affected party.

Transfer to a prison in the UK

Belarus is not a party to the European Convention on the Transfer of Sentenced Persons 1983.

The Belarusian law stipulates that foreign citizens convicted to deprivation of freedom and serving sentence in penitentiary facilities of the Republic of Belarus can be transferred for further serving of sentence to their home countries following the procedure specified by international agreements of the Republic of Belarus. However such legal norm gets interpreted in a way that when an international agreement between the states does not exist, then there is no procedure for a transfer and, therefore, a transfer cannot be performed.

At the same time, another Law of the Republic of Belarus – the Criminal Procedure Code of the Republic of Belarus declares the principle of reciprocity in the matters of transfer and stipulates that a request from a foreign state institution containing a clause on transfer of a person convicted to deprivation of freedom on the territory of the Republic of Belarus to the foreign state for serving of the sentence on its territory can be satisfied if:

1) there is a verdict of the court of the Republic of Belarus in respect of this person that entered into legal force;

2) a person, in whose respect a request was made, is a citizen of the foreign state concerned;

3) there is an agreement by the person in whose respect a request was received, to serve the sentence through deprivation of freedom on the territory of the foreign state concerned;

4) there is a written pledge by a foreign state institution on execution of the sentence of the court of the Republic of Belarus;

5) at the time of receiving of such a request the person concerned has at least six more months of the punishment through deprivation of freedom to serve.

If you would like more information about being transferred you can ask either the prison authorities where you are serving your sentence or the Embassy. You can also write to the relevant UK authorities.

Release and deportation

You may or may not have to leave Belarus after you have completed your sentence. Expulsion may be part of the sentence handed down by court. Deportation may be ordered by a state authority if your stay in Belarus is considered not conducive to the public good. You may be able to contest your expulsion or deportation in a local court.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, they may be able to help you resettle in the UK.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

4. Chapter 4: Additional information

4.1 Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison.

To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner

• issues that may affect you such as health or transfer to the UK

• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter

• learning the language of your country of imprisonment

• translating documents

• grants for food if you are in a developing country and do not have funds from other sources

• grants for essential medicines and toiletries if you do not have funds from other sources

• preparing for release

• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

• freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road

London N4 3JH

UK 

5. Glossary of Terms

5.1 Useful legal terms

Russian

Pronunciation

English

————- |————— |———: |

закон

zakon

law

задержанный

zaderzhanny

detainee

обвиняемый

obvinyaemy

charged

адвокат/ защитник

advakat

Defence lawyer

прокурор

prakuror

prosecutor

осужденный

osuzhdenny

convicted

залог

zalog

bail

содержание под стражей

saderzhanie pod strazhei

custody

подписка о невыезде

padpiska o nevyezde

undertaking not to leave

суд

sud

court

судья

sud’ya

judge

присяжные

prisyazhnye

jury

свидетель

svidetel’

witness

переводчик

perevodchik

translator

штраф

shtraf

fine

обвиняемый

obvinyaemy

defendant

наказание

nakazanie

penalty

пострадавший

pastradavshy

affected person

следственный изолятор - СИЗО

SIZO

remand prison

колония

kaloniya

camp

тюрьма

tyur’ma

prison

условно-досрочное освобождение - УДО

UDO

release on parole

согласие

saglasie

consent

помилование

pomilovanie

clemency

апелляция

apellyatsiya

Appeal

высылка

vysylka

expulsion

депортация

departatsiya

deportation

5.2 Key phrases – English into Russian

Russian

Pronunciation

English

|——— |——————— |—————————— : |

здравствуйте

zdrastvooitye

hello

доброе утро

dobroye ootra

good morning

добрый день

dobry dyen

good day/afternoon

добрый вечер

dobry vecher

good evening

спокойной ночи

spakoynoy nochi

good night (i.e. sleep well)

до свидания

da svidaniya

good-bye

да

da

yes

нет

nyet

no

спасибо

spasiba

thank you

пожалуйста

pazhalooista

please/you’re welcome

извините

izvinitye

excuse me/ sorry

можно

mozhna?

may I…?

Vegetables - Овощи

Russian

Pronunciation

English

|—– |—————- |———–: |

фасоль

fasol

beans

свекла

svyokla

beetroot

капуста

kapoosta

cabbage

морковь

markof’

carrot

цветная капуста

tsvetnaya kapoosta

cauliflower

огурцы

agoortsy

cucumbers

баклажан

baklazhan

aubergine

чеснок

chesnok

garlic

красный перец

krasny perets

red pepper

салат

salat

lettuce

Fruit - Фрукты

Russian

Pronunciation

English

|—————- |————— |————–: |

яблоко

yabloko

apple

банан

banan

banana

виноград

veenagrad

grapes

абрикос

abrikos

apricot

лимон

leemon

lemon

дыня

dynya

melon

апельсин

apelseen

orange

персик

perseek

peach

груша

groosha

pear

ананас

ananas

pineapple

слива

sleeva

plum

изюм

eesyum

raisins

клубника

kloobneeka

strawberry

арбуз

arbooz

watermelon

Meat - мясо

Russian

Pronunciation

English

|————- |——————— |—————–: |

корейка

kareyka

bacon

говядина

gavyadina

beef

курица

kooritsa

chicken

утка

ootka

duck

гусь

goos

goose

ветчина

vyetcheena

ham

печень

pechen

liver

свинина

sveeneena

pork

сосиски

saseesky

sausage/hot dog

язык

yazik

tongue

индейка

indeyka

turkey

телятина

telyatina

veal

Fish - Рыба

Russian

Pronunciation

English

|– |—- |——: |

карп

karp

carp

икра

eekra

caviar

селедка

selyodka

herring

лосось

lasos

salmon

Miscellaneous Food - Прочие продукты

Russian

Pronunciation

English

|———– |—————– |————: |

хлеб

khlyeb

bread

белый

byely

white (wheat)

черный

chorny

rye

свежий

svezhy

fresh

булочка

boolochka

bun, roll

торт, пирог, кекс

tort, peerog, keks

cake

варенье

varenye

jam

майонез

mayonez

mayonnaise

кетчуп

ketchup

ketchup

макароны

makarony

noodles any type

пицца

pizza

pizza

соль

sol’

salt

перец

perets

pepper

мука

muka

flour

сахар

sakhar

sugar

Beverages - Напитки

Russian

Pronunciation

English

|———– |———— |————-: |

вода

vada

water

с газом

s gazom

fizzy

без газа

bez gaza

still

чай

chay

tea

кофе

kofye

coffee

сок

sok

juice

пиво

peeva

beer

вино

veeno

wine

водка

vodka

vodka

Dairy products – молочные продукты

Russian

Pronunciation

English

|—————- |—————— |——————–: |

молоко

malako

milk

сгущенное молоко

sgooshyonoye malako

condensed milk

творог

tvarog

soft cheese

йогурт

yoghurt

yoghurt

сметана

smetana

sour cream

сыр

syr

cheese

масло

masla

butter

растительное масло

rastitelnoye masla

vegetable oil

маргарин

margarin

margarine

5.3 Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of English-speaking lawyers

List of Private Translators/Interpreters

Prisoners Abroad Forms