Belarus

Not Available

Immigration detainees

2018

Not Available

Detained asylum seekers

2018

Not Available

Detained children

2018

0

Long-term centres

2018

687

New asylum applications

2019

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Related Reading

13 May 2020

A Person Walking by a Wall of the Centre for Isolation of Offenders (Центр изоляции правонарушителей), (Spring96, www.spring96.org)
A Person Walking by a Wall of the Centre for Isolation of Offenders (Центр изоляции правонарушителей), (Spring96, www.spring96.org)

In response to an information request submitted by the Global Detention Project and the NGO Human Constanta, Belarus Deputy Minister of the Interior Ministry Aleksandr Barsukov confirmed that during the pandemic non-nationals who violate the country’s legislation may continue to face detention and deportation. He wrote, “For foreigners violating the legislation of the Republic of Belarus on the plight of foreign citizens and persons who have taken citizenship, measures are applied in accordance with the requirements of the Code of Administrative Offenses, including deportation.” However, he specified that foreigners stuck in the country for reasons outside their control will be granted stay extensions: “Foreigners who cannot leave the Republic of Belarus for reasons beyond their control, the length of stay is extended.”

Belarus has attracted significant criticism for its slow and limited response to the pandemic, and few official containment measures have been adopted. With President Lukashenko publicly downplaying the pandemic--which he has dismissed as a “psychosis”-- authorities have refused to cancel large public events such as football matches or the country’s Victory Day military parade. Several small measures were, however, adopted with regards to prisons, with authorities suspending visits on 16 March and issuing new guidance on supplies to be delivered to inmates. Reportedly, every 30 days prisoners may receive food packages weighing up to 10kg, but they may only contain items authorities deem necessary for the prevention of respiratory illnesses (specifically: citrus fruits, garlic, onions, and apples).

To date, however, no steps have been taken to release prisoners - or foreign detainees - prompting the United Civic Party to launch a petition in April calling for prisoners to be released. It warned that if measures were not taken, prisons will “turn into mass graves.” Family members of inmates sent an open letter to the president requesting an amnesty bill which will permit the release or reduced sentencing of vulnerable people and those sentenced for non-violent crimes.

On 7 May, the UN Special Rapporteur on the Situation of Human Rights in Belarus and the UN Working Group on Arbitrary Detention urged the government to release all children and young people imprisoned for drug-related offences. They called on authorities “to avoid by all means the detention of children, to release those who do not pose a threat to society … which is especially necessary in light of the COVID-19 pandemic.”


Last updated:

IMMIGRATION AND DETENTION-RELATED STATISTICS

Total number of immigration detainees by year
Not Available
2018
Number of immigration detainees on a given day
Not Available
2018
Top nationalities of detainees
Not Available
2018
Number of persons granted alternatives to immigration detention
Not Available
2018
Number of detained asylum seekers
Not Available
2018
Total number of detained minors
Not Available
2018
Not Available
2017
Number of detained unaccompanied minors
Not Available
2018
Number of detained accompanied minors
Not Available
2018
Number of detained stateless persons
Not Available
2018
Immigration detainees as a percentage of total international migrant population
Not Available
2018
Estimated total immigration detention capacity
Not Available
2018
Number of dedicated long-term immigration detention centres
0
2018
Estimated capacity of dedicated long-term immigration detention centres
0
2018
Number of dedicated medium-term immigration detention centres
0
2018
Number of immigration offices
Not Available
2018
Number of transit facilities
Not Available
2018
Number of criminal facilities
66
2018
Number of ad hoc facilities
0
2018
Number of persons removed/returned (voluntary returns and deportations)
Not Available
2018
Number of deportations/forced returns only
Not Available
2018
Percentage of persons removed in relation to total number of people placed in removal procedures
Not Available
2018
Criminal prison population
33,300
2017
29,776
2014
31,700
2012
Percentage of foreign prisoners
3.1
2015
Prison population rate (per 100,000 of national population)
314
2014
335
2012
Population
9,400,000
2020
9,496,000
2015
International migrants
1,069,395
2019
1,082,900
2015
International migrants as a percentage of the population
11.4
2015
Estimated number of undocumented migrants
Not Available
2018
Refugees
2,725
2019
2,234
2018
2,160
2017
1,632
2016
1,809
2015
925
2014
Ratio of refugees per 1000 inhabitants
0.17
2016
0.1
2014
Total number of new asylum applications
687
2019
762
2016
867
2014
Refugee recognition rate
5.5
2014
Stateless persons
6,025
2018
6,007
2017
6,182
2016
6,302
2015
Number of apprehensions of non-citizens

SOCIO-ECONOMIC INDICATORS

Gross Domestic Product per capita (in USD)
8,040
2014
Remittances to the country
1,258
2014
Unemployment Rate
2014
Net official development assistance (ODA) (in millions USD)
119.6
2014
Human Development Index Ranking (UNDP)
50 (High)
2015
Pew Global Attitudes Poll on Immigration
Not Applicable
2018
World Bank Rule of Law Index
22 ()
2016
Domestic Opinion Polls on Immigration
n/a
2018
Remittances from the country
Unemployment rate amongst migrants
Detention for deterrence
Immigration Index Score

DOMESTIC LAWS AND POLICIES

Legal tradition
Civil law
2017
Constitutional guarantees?
Yes (Art.11 Foreign nationals and stateless persons on the territory of Belarus shall enjoy rights and liberties and execute duties on equal terms with the citizens of the Republic of Belarus, unless otherwise specified in the Constitution, the laws and international treaties. Art 25. The State shall safeguard personal liberty, inviolability and dignity. The restriction or denial of personal liberty is possible in the instances and under the procedure specified in law. A person who has been taken into custody shall be entitled to a judicial investigation into the legality of his detention or arrest. No one shall be subjected to torture or cruel, inhuman or undignified treatment or punishment, or be subjected to medical or other experiments without one's consent.) 1994 2004
1994
Core pieces of national legislation
Law N 105-З on Legal status of foreigners and stateless persons in the Republic of Belarus (2010) 2016
2010
Code of the Republic of Belarus on Administrative Offences (#194-3) (2003) 2018
2003
Additional legislation
Law of the Republic of Belarus N 354-З “On Granting Refugee Status, Additional Protection, Asylum and Temporary Protection in the Republic of Belarus to Foreign Citizens and Stateless Persons” (2008) 2016
2008
The procedural Сode of the Republic of Belarus on Administrative Offenses, N 194-З (2006) 2018
2006
Regulations, standards, guidelines
Resolution of the Council of Ministers of the Republic of Belarus N 333 "On approval of the Regulations on the procedure for deportation of foreign citizens and stateless persons" (2007)
2007
Resolution of the Council of Ministers of the Republic of Belarus of 03.02.2006 N 146 "On approval of the Regulation on the procedure for the expulsion of foreign citizens and stateless persons from the Republic of Belarus and recognition as not valid of certain decisions of the Council of Ministers of the Republic of Belarus on the deportation of such persons" (2006)
2006
Immigration-status-related grounds
Detention to establish/verify identity and nationality
2006
Detention to prevent unauthorised entry at the border
2006
Detention to effect removal
2006
Detention for failing to respect a voluntary removal order
2006
Non-immigration-status-related grounds providing for administrative detention in immigration legislation.
None
Does the country provide specific criminal penalties for immigration-related violations?
No (No)
2018
Maximum length for administrative immigration detention in law.
No Limit
2018
Maximum length of time in custody prior to issuance of a detention order
3
2006
Provision of basic procedural standards
Information to detainees (Yes)
2018
Access to asylum procedures (Yes) Yes
2018
Complaints mechanism regarding detention conditions (No) No
2018
Compensation for unlawful detention (No) No
2018
Right to legal counsel (Yes) infrequently
2018
Access to free interpretation services (Yes) Yes
2018
Access to consular assistance (Yes) Yes
2018
Independent review of detention (No) No
2018
Right to appeal the lawfulness of detention (Yes) No
2018
Types of non-custodial measures
Registration (deposit of documents) (No) No
2018
Designated regional residence (No) No
2018
Designated non-secure housing (No) No
2018
Impact of alternatives
Not applicable ()
2018
Is the detention of vulnerable persons provided in law? Are they detained in practice?
Pregnant women (Provided) Yes
2018
Survivors of torture (Not mentioned) Yes
2018
Refugees (Not mentioned) Yes
2018
Victims of trafficking (Not mentioned) Yes
2018
Elderly (Not mentioned) Yes
2018
Asylum seekers (Provided) Yes
2008
Mandatory detention
Yes (All apprehended non-citizens who do not have proper documentation)
2018
Yes (Non-citizens who have violated a re-entry ban)
2018
Yes (Undocumented non-citizens with criminal records)
2018
Expedited/fast track removal
No
2018
Re-entry ban
Yes
2007
Grounds for criminal immigration-related detention/incarceration and maximum potential duration of incarceration
Has the country decriminalized immigration-related violations?
Longest recorded instance of immigration detention.
Average length of detention
Maximum length of detention for asylum-seekers
Maximum length of detention for persons detained upon arrival at ports of entry

INTERNATIONAL LAW

Individual complaints procedure
Acceptance Year
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1992
1992
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2004
2004
Ratio of complaints procedures accepted
Observation Date
2/6
2017
Relevant recommendations issued by treaty bodies
Recommendation Year
Committee against Torture Para 53b Refrain from detaining migrants, including minors who may be detained with their relatives, in regular pretrial or temporary detention facilities and provide them with access to a lawyer and other fundamental legal safeguards; 2018
2018
Relevant recommendations of the UN Universal Periodic Review
Observation Date
No 2010
2017
No 2015
2017
Ratio of relevant international treaties ratified
International treaty reservations
Treaty bodies decisions on individual complaints
Regional legal instruments
Regional treaty reservations
Regional judicial decisions on individual complaints
Recommendations issued by regional human rights mechanisms
Bilateral/multilateral agreements linked to readmission
Visits by special procedures of the Human Rights Council
Relevant recommendations by UN Special Procedures

INSTITUTIONAL INDICATORS

Federal or centralized governing system
Centralized system
2018
Centralized or decentralized immigration authority
Centralized immigration authority
2018
Custodial authority
Departments of State Border Control (State Border Control) Defence
2018
Departments of internal affairs (Ministry of Internal Affairs) Interior or Home Affairs
2018
Departments of the Committee of State Security (Committee of State Security) Interior or Home Affairs
2018
Apprehending authorities
Departments of the Committee of State Security (Law enforcement, border control and national security) Ministry of Justice
2018
Departments of Internal Affairs (Law enforcement, border control and national security) Ministry of Justice
2018
Departments of State Border Control (Law enforcement, border control and national security) Ministry of Justice
2018
Detention Facility Management
Ministry of Internal Affairs (Governmental)
2018
Formally designated detention estate?
No ()
2018
Authorized monitoring institutions
n/a ()
2018
Do parliamentary organs carry out visits?
No
2018
Does the country receive external sources of funding?
Yes
2018
Description of foreign assistance
The project " Assistance to Belarus to handle increased irregular migration" was registered in August 2018. The project is funded by the European Union and is implemented by the International Organization for Migration Office in Belarus in cooperation with the Ministry of Internal Affairs and the State Border Committee. The budget of the project is €7 million. The project seeks to enable voluntary return of migrants to their homeland without deportation. The border guard service will also receive vehicles to transport migrants. The project provides for the construction of new centers and also renovation of the existing ones.
2018
Types of detention facilities used in practice
Is the national human rights institution (NHRI) recognized as independent?
Does NHRI carry out visits?
Does NHRI have capacity to receive complaints?
Does NHRI publicly release reports on immigration detention?
Does national preventive mechanism (NPM) carry out visits?
Does NPM have capacity to receive complaints?
Does NPM publicly release reports on immigration detention?
Do NGOs carry out visits?
NGO capacity to receive complaints?
Do NGOs publish reports on immigration detention?
Do parliamentary organs have capacity to receive complaints?
Do parliamentary organs publicly report on their detention findings?
Do internal inspection agencies (IIAs) carry out visits?
Do IIAs have capacity to receive complaints?
Do IIAs publicly report their findings from detention inspections?
Do international and/or regional bodies (IRBs) visit immigration-related detention facilities?
Do IRBs publicly report their findings from inspections?
Types of privatisation/outsourcing
Detention contractors and other non-state entities
Estimated annual budget for detention operations
Estimated annual budgets for particular detention-related activities
Estimated cost per detainees day (in USD)
Estimated annual budget for non-custodial measures (in USD)
Estimated costs of non-custodial measures (in USD)