Today, 1,253 women have been convicted in politically motivated cases in Belarus. 288 of them have been sentenced to prison terms. 153 of these women are now political prisoners: 122 of them are in penal colony No. 4 in Homieĺ, three of them in penal colony No. 24 in Zarečča. Women in penal colonies face harsh conditions of detention, which affect their appearance. In addition, their appearance is regulated and is another reason for repression. About Us asked political prisoners how their appearance was regulated in Penal Colony No. 4 and asked lawyers for their opinion.
When women arrive in the colony, they are stripped of the clothes they were wearing. They are allowed to keep only a few things, and even those are black, although the instructions say that dark green, dark blue and brown can be worn. Now they are even stripped of non-black socks, although previously other colors were allowed, so in the departments, for example, there are people wearing colored socks.
In return, you get to wear a pink dress and then you get all the uniforms to sign. Most of the uniforms are pink. You also get a coat: you have to put this on when you are announced. It is very heavy but not warm at all. If the term of imprisonment is more than a year, you often get new clothes; if it is less than a year, you may get worn-out clothes.
– They gave us scarves to tie around our heads and necks.“, said one of the political prisoners. – That kept us a little warm. Now they started giving us hats that we call “gondons” because they fit tightly to the head, they have no lapels, the neck is free, the collar cannot be turned up. The neck is completely free. It was very cold in them.
The shoes in the colony are not very comfortable: rough boots, flip-flops and shoes with flat soles – they are called “stockings”. Heavy shoes cause blisters. Prisoners often have to stand outside for medical examinations in such clothes, which are often unsuitable for the climate. Winter shoes are not insulated inside, so they are quite cold. Since they are short, feet sometimes get cold.
– Shoes and clothing out of size can be handed in,” recalls one of the political prisoners. – I was given winter shoes that were a few sizes too big and wore them once because the regulations required it for one of the events in the colony with the participation of the administration. The rest of the time I had my own shoes. I wore them for half a day and my foot was wiped. Not on the toe or the heel, but where the material is at the top, at the level of the ankle. I still have a small scar on my foot from that.
Political prisoners say the clothes are sewn in a local garment factory, along with clothing for male penal colonies and police uniforms.
– It is normal that the colony clothing of women has defects compared to the police uniforms.“, says one of the political prisoners. – They buy fabrics in small quantities, so almost any defect, apart from a few holes, can be overlooked. When sewing the police uniforms, you can’t do that. Therefore, it often happens that the patterns are not always correct.
It is possible to hand things over, but they must fully comply with the instructions. First of all, only black items are accepted. For example, gloves or scarves are not issued in the colony, so if relatives have not brought them, we will have to do without them. To solve this problem, women go in different ways: for example, one of them came up with the idea of tying tights instead of a scarf.
What must prisoners look like according to the law?
We asked Viasna Legal Services how the appearance of women is regulated in prison.
– What national rules apply to the appearance of prisoners?
– The treatment of convicted persons is regulated by the Prison Code (hereinafter: CEC), the Rules of Procedure of Penitentiaries and the Decision of the Council of Ministers No 632 of 28 April 2010.
According to Part 1 of Article 94 of the CEC, persons serving their sentences in correctional institutions must be provided with the necessary living conditions in accordance with sanitary and hygienic rules. The norms for the provision of clothing are established by the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus. In accordance with the Rules of the internal regulations of correctional institutions, approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus No. 174 of October 20, 2000 (hereinafter – the “Rules”), convicted are equipped with three hot meals a day, Clothing, underwear and shoesas well as bedding in accordance with the established norms (paragraph 349). In addition, the Rules prescribe the obligation of convicts to wear clothes of the established pattern, and in penal colonies with special regime – special patterns, breastplates and armbands for convicts in accordance with Appendix 4, with the exception of convicts held in penal colony settlements (paragraph 57.8).
Decision of the Council of Ministers No. 632 of 28 April 2010 establishes the clothing standards for prisoners serving their sentences in correctional facilities.
Women receive:
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– Do such standards violate human rights?
– The colony administration applies the norms very broadly, putting pressure on prisoners and holding them responsible for malicious disobedience to the administration’s legal requirements if they wear clothing that does not conform to the prescribed form. In winter, prisoners sometimes freeze, and in summer, despite the heat, they cannot undress. Sometimes such suffering may be considered cruel, inhuman or degrading treatment or punishment.
– How is this reflected in international standards? How do they relate to national standards?
The Standard Minimum Rules for the Treatment of Prisoners state that Prisoners should receive Clothing that is appropriate to the climate and satisfactorily maintains health.
NELSON MANDELA RULES Clothing and bedding Rule 19 1. Prisoners who are not entitled to wear their own clothing shall be provided with clothing suitable to the climate and which will maintain their health in a satisfactory condition. Such clothing shall not be offensive or degrading. 2. Clothes must be kept clean and in good condition. Washing and changing of fresh linen must be ensured in accordance with hygiene requirements. |
National legislation does not require Clothing must be appropriate to the climate and keep health in a satisfactory state.
– How can you characterize from a legal point of view what penalties are provided for inconsistencies in appearance?
– Convicts are obliged to wear clothes of a prescribed pattern and shape. In case of non-compliance with the internal regulations, convicts are brought to disciplinary responsibility. If a convict wants to take off or unbutton his clothes on a hot day, he is brought to responsibility for violating the rules. The punishment may include placement in a cage or a disciplinary punishment: reprimand, deprivation of visits, placement in a SHIZO and others (Article 112 of the Penitentiary Code). If a person is brought to disciplinary responsibility several times during the year, he may be brought to criminal responsibility under Article 411 of the Criminal Code for deliberate disobedience to the legal requirements of the administration of the penitentiary institution and subject to an additional punishment.
For example, an excerpt from one of the sentences:
The District Court’s verdict convicted K. of malicious disobedience to the legal requirements of the administration of the penal institution (Article 411 of the Criminal Code). According to the verdict, K. intentionally and maliciously disobeyed the legal requirements of the administration of the “penal colony” penal institution, contrary to the applicable rules for serving a sentence. within one year from the date of imposition of a disciplinary sanction in the form of confinement to a cell, which involves malicious disobedience to the legal requirements of the administration of the Penal institution ‘penal colony’, expressed inter alia as follows: On 13 March 2019 at 20:05, K., who was held in the cell of cell block no. 18, violated the dress code for prisoners held in SHIZO: He was in the cell without a jacket with breastplate and did not comply with the legal requests of the representative of the administration of the penal institution “Penal Colony”, the inspector M., not to violate the dress code during the repeated rounds at 8:30 p.m. he continued to go into the cell without a jacket with breastplatein contravention of subparagraph 57.8, which requires prisoners to wear clothing of the specified pattern. |