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New comprehensive report explores how Belarusian survivors of torture perceive justice

2024 2024-11-15T18:51:21+0300 2024-11-15T18:51:21+0300 en https://spring96.org/files/images/sources/vokladka_1.png The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

The report, How Survivors of Torture and/or Cruel Treatment Perceive Justice, offers an in-depth exploration of the perceptions of justice among victims of state violence in Belarus following the government's brutal crackdown on political dissidents since 2020.

The document takes a distinctive three-part approach to justice, integrating legal analysis, psychological insights, and sociological research. The legal analysis identifies structural barriers within both the Belarusian and international systems, laying the groundwork for understanding the limited avenues for accountability. Complementing this, the psychological insights reveal the long-term emotional impact of torture and denial of justice, emphasizing the need for recognition and therapeutic support. Finally, the sociological study captures survivors' expectations, challenges, and unmet needs through data and personal narratives.

This report is a collaborative effort between the Viasna Human Rights Group and the International Committee for Investigation of Torture in Belarus (a special project of the Legal Initiative operating under the International Accountability Platform for Belarus project). The research team was led by Henadz Korshunau, PhD in Sociology. Nimisha Patel, Professor of Clinical Psychology at the University of East London, and lawyers from Viasna and the International Committee also contributed to the report.

The full report can be downloaded here.

Key Findings

The lack of experience of Belarusians in defending their rights prevents them from expressing their needs

The report highlights a significant gap in experience with human rights protection among Belarusian citizens, particularly those who have suffered torture and ill-treatment. This lack of experience leads to difficulties in articulating and asserting their needs for legal and social support. The difference between responses in in-depth interviews and the quantitative survey reveals that many Belarusians who have endured violence face barriers that prevent them from openly expressing their needs. In interviews, respondents were less likely to discuss their needs, often fearing repercussions or seeing no point in such statements. At the same time, in anonymous surveys, these individuals more frequently noted the need for rehabilitation and compensation. This vicious circle—fear of retaliation, distrust of the justice system, and a sense of lacking support—suppresses the ability of survivors to demand comprehensive justice and restoration of their rights.

Hope for swift justice in Belarus diminishes as confidence in international support is low

A significant majority of respondents (84%) believe that the chances of achieving justice in Belarus in the near future are either very low or practically non-existent. This pessimism stems from the authoritarian nature of the regime, where the legal system is tightly controlled and political dissent is brutally suppressed. In addition, 64% of survivors believe that international organizations or other countries are unlikely to help them obtain justice.

Shifting perspectives on justice as the desire for it is strong

Since the onset of widespread repression in 2020, many survivors' perceptions of justice have shifted. Forty percent of respondents now call for harsher punishments for perpetrators of state violence, a significant increase from previous views. In contrast, 16% expressed a desire for the violence to simply stop. This shift reflects growing frustration and a belief that, in the absence of justice, severe consequences for perpetrators are needed to bring closure.

Despite the bleak prospects for justice in Belarus, the desire for accountability remains strong. Approximately 93% of respondents have taken actions like sharing testimonies with human rights organizations, participating in interviews, or supporting advocacy initiatives. Additionally, 40% of survivors have filed complaints with various Belarusian authorities, such as the Prosecutor's Office, the court, and the Investigative Committee. However, only 9% have sought justice through international mechanisms.

Survivors demand accountability through tribunals, individual charges, and reparations

An overwhelming majority of respondents (84%) believe that justice for those responsible for their torture and ill-treatment should be determined on an individual basis. This sentiment reflects survivors' desire for personal accountability rather than collective punishment. In addition, 56% believe that perpetrators should be prohibited from holding certain positions or engaging in certain activities, while 47% support prison sentences, including life imprisonment.

The need for international intervention in seeking justice is clear, with 46% of respondents supporting the establishment of an international tribunal specifically for Belarus. Additionally, 34% believe that justice should be pursued through Belarusian courts once there is a change in government.

Survivors seek not only punishment for perpetrators but also comprehensive justice, including reparations. The survey shows that 87% want compensation for material damages, including treatment costs and confiscated property. Medical and psychological rehabilitation is a priority for 82%, and 80% want their public reputation restored. Six percent of respondents believe that first determine the type and degree of responsibility of those responsible for what happened should be determined by a tribunal in another democratic country under universal jurisdiction.

Fear, lack of knowledge, and apathy hinder survivors’ pursuit of justice

Survivors face significant obstacles in seeking justice. The lack of safety and fear of retaliation—not only for themselves but also for their families—act as major deterrents. In addition, 76% cited the futility of seeking justice in Belarus, given the regime's unchallenged power.

Access to justice is further complicated by a lack of knowledge on engaging with international mechanisms. The perception that the international community shows limited commitment to seeking justice for Belarusian victims contributes to survivors' pessimism.

Trauma leaves lasting impacts on survivors and their families

The psychological impact of torture remains profound for Belarusian survivors. Survivors often experience ongoing trauma, described as “ongoing torture” due to the lack of justice, impacting both personal and familial lives. The report notes that 58% report ongoing psychological issues, including anxiety, flashbacks, and nightmares. Additionally, 40% express a diminished ability to live a full life due to trauma.

This trauma often affects survivors' families and communities, resulting in intergenerational consequences. Survivors struggle with parenting, relationship difficulties, and secondary trauma experienced by family members.

Financial, legal, and psychological assistance is needed

In-depth interviews revealed three key areas of support needed for recovery: mental health care, medical rehabilitation, and assistance in obtaining residency in host countries. Although financial support was acknowledged, it was often viewed as secondary or even shameful to request. However, in prompted surveys, it became the most requested type of support (39%), followed by legal assistance (including residency support) and mental health care.

In addition, refugees face specific challenges related to their flight and change of residence, such as language issues (36%), loss of previous status, including professional status (26%), and challenges in legalization in a host country (25%).

True justice is seen as systemic change, beyond punishment

For many survivors, justice requires both individual accountability and systemic changes to include societal recognition and structural reform. Compensation for material (87%) and moral (76%) damages, medical and psychological rehabilitation (82%), and public restoration of reputation (80%) are seen as essential components.

The fall of Lukashenko's regime, the end of repression and the improvement of the situation in prisons are seen as independent forms of restoring justice by 76% and 53% of victims respectively.

Survivors prioritize safety but still hope for future accountability

Survivors often view justice as a future goal, secondary to immediate concerns such as survival and safety. Uncertainty about when or if justice will be achieved means many focus on small actions contributing to a larger cause, such as documentation and advocacy.

Conclusion

In Belarus, the path to justice for survivors of state-led violence remains entirely blocked, with state structures implicated in perpetuating these abuses. With no domestic options for redress, survivors are forced to look to the international community for support and validation. To meet this need, the global response must be strategic and resolute, offering legal recognition and essential support for exiled survivors to rebuild their lives.

Documenting abuses is critical, not only to lay the foundation for future accountability but also to affirm the enduring strength and resilience of survivors who contribute to this historical record. Their stories stand as a powerful reminder that these injustices will not fade into silence.

By committing to survivors’ dignity and rights, the international community signals a collective resolve to challenge impunity. Through shared resolve, justice can be pursued, fostering a vision of a future where survivors feel safe, heard, and empowered.

Authors and Contributors

The Viasna Human Rights Center is the leading Belarusian human rights organization operating in exile, focusing on civil and political rights protection.

The International Accountability Platform for Belarus (IAPB) is a coalition of NGOs dedicated to documenting and preserving evidence of human rights abuses in Belarus.

Henadz Korshunau is a renowned Belarusian sociologist who served many years in the Academy of Sciences of Belarus. Now in exile, he continues to research Belarusian society as a senior expert at the Centre for New Ideas.

Professor Nimisha Patel, Clinical Tutor in the Department of Psychology and Human Development at the University of East London, is a clinical psychology expert with extensive experience supporting survivors of torture.

New comprehensive report explores how Belarusian survivors of torture perceive justice

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