UN Human Rights Committee Registered the Complaint and Prescribed Interim Measures in Nasta Lojka’s Case

A complaint has been registered and interim measures have been taken in the case of Nasta Lojka before the UN Human Rights Committee. Under Rule 94 of the Rules of Procedure of the Committee, the State shall provide Nasta with immediate access to independent medical assistance, including, if necessary, relocation to suitable medical facilities in order to receive such assistance, and to protect her life, physical and mental health, inter alia, by providing seasonally appropriate clothing, while her case is pending before the Committee.

The complaint is brought under Articles 9 (right to liberty and security of person — arbitrary detention) and 14 (right to a fair trial) of the Covenant on Civil and Political Rights. These claims do not imply a judgment being issued on the merits of the claims made in the complaint.

It should be remembered that on 8 November 2022, a note of denunciation by Belarus of the Optional Protocol to the International Covenant on Civil and Political Rights was registered, which implies that there would be no possibility for Belarusians to submit individual communications to the UN Human Rights Committee. However, all complaints submitted before 8 February 2023 against Belarus will be registered (if the formal criteria are met).

In addition, the elimination of the possibility for complaints makes it difficult, but not impossible, to defend one's rights through the international bodies in other ways.