OPINION No. 2/2000 (BELARUS)

Communication addressed to the Government on 11 June 1999

Concerning Roman Radikovsky (Raman Radzikovski)

The State is a party to the International Covenant on Civil and Political Rights

1. The Working Group on Arbitrary Detention was established by resolution 1991/42 of the Commission on Human Rights and its mandate was clarified and extended by Commission resolution 2000/36. Acting in accordance with its methods of work, the Working Group forwarded to the Government the above-mentioned communication.

2. The Working Group conveys its appreciation to the Government for having forwarded the requisite information in good time. In the light of the allegations made, the Working Group welcomes the cooperation of the Government.

3. The Government informed the Working Group that Roman Radikovsky, who had been detained since 11 December 1997, was sentenced by the Supreme Court to four years’ imprisonment on 11 June 1999 but was thereafter released under the Amnesty Act of 18 January 1999, which is applicable to certain categories of offences.

4. The Working Group forwarded the reply of the Government to the source, which has not to date provided it with its comments. As the release of Roman Radikovsky following his trial in June 1999 has been confirmed to the Working Group by another independent source, the Working Group believes that it is in a position to render an opinion on the case.

5. Having examined all the information submitted to it, and without determining whether the detention was arbitrary or not, the Working Group decides, pursuant to paragraph 17 (a) of its methods of work, to file the case of Roman Radikovsky.

Adopted on 16 May 2000
E/CN.4/2001/14/Add.1