Belarus

Not Available

Immigration detainees

2018

No Data

Detained children

Overview

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

10 December 2021 – Belarus

The humanitarian crisis that unfolded–and continues to unfold–on Belarus’s borders with the European Union (EU) in late 2021 sparked widespread scrutiny of that country’s treatment of migrants and asylum seekers (see the 12 November 2021 update on Belarus on this platform). However, the EU has long seen Belarus as an important partner in its efforts […]

Read More…

Inside the Bruzgi Logistics Centre, (Ruptly,

12 November 2021 – Belarus

The escalating crisis on the Belarus-Polish border has spurred a growing number of countries to accuse Belarus of weaponizing migrant and refugee movements, using them as pawns to destabilise the European Union. At the same time, there is growing international outrage over Poland’s response to the situation–as well as that of other countries that border […]

Read More…

A group of refugees between Polish (foreground) and Belarusian guards at a border camp near Bialystok, Poland ©AFP/Getty. The Financial Times,

13 May 2020 – Belarus

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 […]

Read More…

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

DETENTION STATISTICS

Total Migration Detainees: Flow + Stock (year)
Not Available
2018
Reported Population (Day)
Not Available
2018
Immigration Detainees as Percentage of Total Migrant population (Year)
Not Available
2018

DETAINEE DATA

Countries of Origin (Year)
2018
Number of Asylum Seekers Placed in Immigration Detention (Year)
0
2018
Total Number of Children Placed in Immigration Detention (Year)
0
2018
0
2017
Number of Unaccompanied Children Placed in Immigration Detention (Year)
0
2018
Number of Accompanied Children Placed in Immigration Detention (Year)
0
2018
Number of Stateless Persons Placed in Immigration Detention (Year)
0
2018

DETENTION CAPACITY

Total Immigration Detention Capacity
0
2018
Immigration Detention Capacity (Specialised Immigration Facilities Only)
0
2018
Number of Dedicated Immigration Detention Centres
0
2018

ALTERNATIVES TO DETENTION

Number of Detainees Referred to ATDs (Year)
0
2018

ADDITIONAL ENFORCEMENT DATA

Number of Deportations/Forced Removals (Year)
0
2018
Number of Voluntary Returns & Deportations (Year)
0
2018
Percentage of Removals v. Total Removal Orders (Year)
2018

PRISON DATA

Criminal Prison Population (Year)
33,300
2017
29,776
2014
31,700
2012
Percentage of Foreign Prisoners (Year)
3.1
2015
Prison Population Rate (per 100,000 of National Population)
314
2014
335
2012

POPULATION DATA

Population (Year)
9,400,000
2020
9,496,000
2015
International Migrants (Year)
1,069,395
2019
1,082,900
2015
International Migrants as Percentage of Population (Year)
11.4
2015
Estimated Undocumented Population (Year)
Not Available (Not Available)
2018
Refugees (Year)
2,725
2019
2,234
2018
2,160
2017
1,632
2016
1,809
2015
925
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.17
2016
0.1
2014
New Asylum Applications (Year)
687
2019
762
2016
867
2014
Refugee Recognition Rate (Year)
5.5
2014
Stateless Persons (Year)
6,025
2018
6,007
2017
6,182
2016
6,302
2015

SOCIO-ECONOMIC DATA & POLLS

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
World Bank Rule of Law Index
22
2016
Domestic Opinion Polls on Immigration
n/a
2018
Pew Global Attitudes Poll on Immigration
Not Applicable
2018

MIGRATION-RELATED DETENTION

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law
2017
Federal or Centralised Governing System
Centralized system
2018
Centralised or Decentralised Immigration Authority
Centralized immigration authority
2018

LEGAL & REGULATORY FRAMEWORK

Do Migration Detainees Have 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 2018
Detention-Related 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

GROUNDS FOR MIGRATION-RELATED DETENTION

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 in Immigration Legislation
None
Criminal Penalties for Immigration-Related Violations
No (No)
2018
Children & Other Vulnerable Groups
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

LENGTH OF MIGRATION-RELATED DETENTION

Maximum Length of Administrative Immigration Detention
No Limit
2018
Maximum Length in Custody Prior to Detention Order
Number of Days: 3
2006

MIGRATION-RELATED DETENTION INSTITUTIONS

Custodial Authorities
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

PROCEDURAL STANDARDS & SAFEGUARDS

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 (ATDs) Provided in Law
Registration (deposit of documents) (No) No
2018
Designated regional residence (No) No
2018
Designated non-secure housing (No) No
2018
Impact of Legal ATDs on Overall Detention Rates
Not applicable
2018

DETENTION MONITORS

Types of Authorised Detention Monitoring Institutions
n/a
2018

> National human rights monitoring bodies

> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)

> Non-governmental organisations (NGOs)

> Governmental monitoring bodies

Parliamentary or congressional bodies that undertake detention monitoring
No
2018

> International detention monitoring

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

Has the country released immigration detainees as a result of the pandemic?
Unknown
2021

Has the country used legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2021

Has the country Temporarily Ceased or Restricted Issuing Detention Orders?
No
2020

Has the Country Adopted These Pandemic-Related Measures for People in Immigration Detention?
COVID-19 Testing: UnknownVaccinations: UnknownProvision of Masks: UnknownProvision of Hygiene Supplies: UnknownSuspension of Visits: Unknown
2021

Has the Country Locked-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2021

Have cases of COVID-19 been reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021

Has the Country Ceased or Restricted Deportations/Removals During any Period After the Onset of the Pandemic?
No
2020

Has the Country Released People from Criminal Prisons During the Pandemic?
Yes
2020

Have Officials Blamed Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2020

Has the Country Restricted Access to Asylum Procedures?
Unknown
2021

Has the Country Commenced a National Vaccination Campaign?
Yes
2020

Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
People in Immigration Custody (including legal in "alternatives to detention" or at open reception centres): UnknownRefugees: UnknownUndocumented Migrants: UnknownAsylum Seekers: UnknownStateless People: Unknown
2021

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
VCCR, Vienna Convention on Consular Relations
1989
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1969
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
1973
2017
ICCPR, International Covenant on Civil and Political Rights
1973
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1981
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1987
2017
CRC, Convention on the Rights of the Child
1990
2017
CRSR, Geneva Convention Relating to the Status of Refugees
2001
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2003
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2003
2017
CRPD, Convention on the Rights of Persons with Disabilities
2016
2016
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
2001
2001
Ratio of relevant international treaties ratified
Ratio: 12/19
Individual Complaints Procedures
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
Observation Date
Committee against Torture §53. The Committee recommends that the State party: [...] (c) Establish a procedure to identify persons in situations of vulnerability and monitor the detention of undocumented migrants on a regular basis; 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; [...] (e) Compile and provide the Committee with detailed statistical data, disaggregated by country of origin, on the number of persons who have requested asylum or refugee status, and the outcomes of those applications, as well as the number of expulsions, deportations or extraditions that have taken place and the countries to which individuals were returned. 2018
2018
Committee on the Rights of the Child §68. The Committee recommends that the State party: (a) Expressly identify the best interests of the child as a primary considerationwhen examining asylum applications of undocumented, unaccompanied orseparated children, and refrain fromplacing these children in detention centres; (b) Train asylumandmigration officials in the application of the legislation governing asylumand complementary protection, including training in taking into consideration child-specificforms of persecution; (c) Ensure, including through the signing of bilateral agreements containing appropriate safeguards, that decisions forreturn and reintegration of unaccompaniedBelarusian children are carried out with the primary consideration of the best interests of the child; and (d) Take into account the Committee’s views contained in its generalcomment No. 6 (2005) on the treatment of unaccompanied and separated children outside theircountry of origin. 2011
2011
Committee on the Rights of the Child § 39. "Recalling joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families / No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee urges the State party to: (a) Develop a legislative framework on undocumented children; (b) Establish status determination procedures to ensure the identification and protection of children in situations of migration, including unaccompanied children and separated children; (c) Develop a standard protocol on age-determination methods that is multidisciplinary, scientifically based, respectful of children ’ s rights and used only in cases of serious doubt about the claimed age, consider documentary or other forms of evidence available and ensure access to effective appeal mechanisms; (d) Integrate the principle of the best interests of the child in legislation and regulations concerning migration, ensure that this principle is given primary consideration in asylum and migration-related procedures, including age and status determination and deportation, and that children ’ s views are duly taken into account therein, and provide support to families with migration backgrounds to prevent family separation; (e) Build the capacity of the authorities to determine and apply the best interests of the child in asylum and migration-related procedures; (f) Ensure that all children in situations of migration, including undocumented and separated children, receive appropriate protection, are informed about their rights in a language they understand, have access to education and health care, including psychosocial support, and are provided with interpretation and free legal aid; and develop comprehensive referral, case management and guardianship frameworks for unaccompanied and separated children; (g) Prohibit immigration detention of children and ensure non-custodial solutions, including foster care and accommodation in specialized open reception centres serviced by trained professionals and providing access to education and psychosocial support, ensure the periodic and independent review of the care and ensure access to complaint procedures." 2020
2020

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2010
2017
No 2015
2017
Yes 2021

REGIONAL HUMAN RIGHTS MECHANISMS

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS

Foreign Financial Support for Detention Operations
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