International conference “Pre-trial detention: legality, reasonable time and alternatives to detention in the light of European best practices”

18 December 2018, Minsk

Dear Prosecutor General of Belarus,

[Dear President of the Supreme Court,]

Distinguishes Judges and Prosecutors from Belarus and other member States of the Council of Europe,

Ladies and Gentlemen,

It is a great honour and pleasure for me to open this conference on behalf of the Council of Europe.

It has become a good tradition to hold these end-of-the year events in Minsk, and I am grateful to the Office of the Prosecutor General of Belarus for being a co-host of the event for a third time.

To recall, last year we held a conference on the introduction of appeals into national legislation. In 2016, it was dedicated to human rights training for legal professionals.

I should emphasise at the outset that cooperation between the Council of Europe and Belarus has continued on a sustained pace in 2018 on a wide array of topics.

This week alone two major conferences are being organised by my Directorate in Minsk, both aiming at bringing the operation of the justice sector closer to European standards. Earlier this month, we launched a distance-learning course on bioethics, which was prepared in close cooperation with the Ministry of Health and the Belorussian experts, who tailored the course to the domestic law and practice. Again this year, more than 250 legal professionals – judges, prosecutors, investigators – received training on the European Convention on Human Rights and other standards developed by the Council of Europe.

I would like to mention in this context the Council of Europe HELP Programme – Human Rights education for Legal Professionals – which is an important tool in our training activities in Belarus as in all other European countries, with a focal point having been officially nominated by the authorities earlier this year.

These welcome developments amply demonstrate the mutual interest in – and definite benefits from – the co-operation between Belarus and the Council of Europe. We greatly appreciate the increasing commitment and openness of national institutions to dialogue in various spheres, including the rule of law and human rights. It is one of the main achievements of the Action Plan for Belarus 2016 – 2017 (extended for 2018). I believe that the new Action Plan, on which the CoE is currently working in co-operation with the Ministry of Foreign Affairs of Belarus, will allow for a stronger co-operation to achieve more positive changes in Belarusian legislation and practice.

Beyond all these positive developments, there remain, however, issues of concern. It will be no surprise for you that our major concern is the continued application of the death penalty in Belarus. We appreciate that the Belorussian authorities have demonstrated some willingness to engage into a dialogue on this issue, which resulted in discussions involving participation the relevant state actors, the civil society and religious groups. Yet, we have not achieved any tangible results on this topic so far. I would like to recall that the application of the death penalty remains the major obstacle on the way to a closer rapprochement between Belarus and the Council of Europe and eventually to Belarus’ possible membership in the Organisation. The Council of Europe stands ready to continue the dialogue on this matter and we seize every occasion to raise this issue with our Belorussian counterparts. Our current event is not an exception. I would like to reiterate the Council of Europe’s long-standing position that a moratorium on executions should be introduced as a first step towards a full abolition of death penalty.

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Ladies and Gentlemen,

The topic of the Conference – “Pre-trial detention: legality, reasonable time and alternatives to detention in the light of European best practices” was discussed with the General Prosecutor’s Office of Belarus during last year’s Conference. We found it particularly important and readily supported it given that the Council of Europe has a lot to share and to offer in this area.

The European Court of Human Rights has extensive case law on various aspects related to pretrial detention, which are mostly considered in the light of Articles 3, 5 and 6 of the ECHR. The thematic blocs included in the Agenda of today’s conference – the criteria of lawfulness for pretrial detention, its reasonable duration and the possibility of alternative measures – are at the core of the European approach to the matter.

These topics are of utmost importance along with the concern for such fundamental human right, as the right to liberty and personal security. Symbolically, one of the first distance-learning courses developed back in 2013 under the HELP Programme was “Alternatives to detention”. In 2017, a manual for legal professionals on standards related to pretrial detention was prepared in Russia. We will present it today and it could be adapted to the needs of the Belarusian legal community.

Our Conference provides an excellent occasion to present the European Court’s perspective on those matters and its current case-law. I would like to take this opportunity to thank the experts who have agreed to make presentations during this conference.

Belarusian criminal legislation contains many safeguards to ensure that the pretrial detention is applied with the consideration of individual situation of the accused.

At the same time, new trends and approaches are developing which look into the purpose of detention and its potentially damaging effect on individuals whose guilt is not yet confirmed by a court. Today’s event will provide us with an opportunity to share the position of the Council of Europe and the European Court of Human Rights on the matter. I also find it very important and useful that eminent experts and representatives of prosecution services and judiciaries from other countries are present today, and I would like to thank them. Many of them come from Council of Europe member States which have undergone reforms to bring domestic law and practice relating to pre-trial detention in line with the ECHR standards and the case law of the Strasbourg Court.

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Dear Prosecutor General,

[Dear President of the Supreme Court, ]

Ladies and Gentlemen,

The level and the intensity of cooperation we have achieved so far reflect our common commitment towards the same principles and values. They are the same for all European States and form the basis of our inherent unity. The Council of Europe was created almost 70 years ago on the ashes of WWII with a primary aim to promote this unity. This is our collective duty, and achieving a common understanding of the fundamental rights and freedoms through legal means and cooperation is an important part of realising this duty.

The intense relations with the Belarusian legal community are part of the pan-European cooperation developed within the Council of Europe through its normative instruments. No doubt it will be beneficial for Belarus as it be for Europe as a whole.

Obviously, Belarus is an integral part of the common European space in geographic and cultural aspects. Being a Contracting Party to 10 conventions of the Council of Europe, Belarus can be seen as one foot also in the common legal space.

Our conference is yet another step in bringing the other foot forward. It is an excellent occasion to enhance the Council of Europe cooperation with the main actors of the legal and judicial system of Belarus, including the Supreme Court. [I am grateful to President Sukalo for attending our conference on the topic which is eminently relevant to the judiciary too.] I am also delighted to see other legal authorities represented today at a high level and appreciate their genuine interest in the Council of Europe’s activities.

I wish you all a successful Conference!