A/HRC/15/16
punishment. The Constitution and the Penal Code set out the temporary and exclusive
nature of the application of the death penalty, as provided for in the International Covenant
on Civil and Political Rights. The delegation noted that the death penalty was applied
extremely rarely and that the law regulated the procedure for amnesty for those sentenced
to death.
54.
The delegation noted that Belarus understood and respected the position of countries
asking for the abolition of the death sentence, and that it was indeed considering ways and
means to achieve its abolition. A parliamentary working group had been established for that
purpose. Efforts had also been made to influence public opinion through the mass media
and awareness-raising campaigns. However, a decision to abolish the death penalty or
adopt a moratorium could not be taken without bearing in mind the outcome of the
referendum. A decision should be made in full awareness and should be
irrevocable. Belarus would continue its cooperation with the international community on
this matter. In that regard, Belarus recalled that it had not voted against the General
Assembly resolutions promoting a moratorium.
55.
With regard to the right to engage in peaceful demonstration, Belarus provided the
assurance that it was guaranteed by law as long as demonstrations did not violate public
order or the rights of other citizens. Public security and order had to be maintained in the
conduct of demonstrations. The procedures established by law were designed to ensure the
realization of the freedoms of citizens as well as public security. The delegation noted that
this was entirely consistent with its international obligations, including those under the
International Covenant on Civil and Political Rights.
56.
Concerning the question of torture, Belarus noted that it was party to the Convention
against Torture. In order to ensure criminal responsibility for acts of torture, the definition
set out in article 1 of the Convention was fully applied. The Penal Code described all such
acts as serious crimes punishable by 3 to 10 years of imprisonment, in addition to a
provision prohibiting perpetrators from holding public posts. Persons subjected to torture
could submit complaints to the prosecutor’s office or the judiciary, which had to respond to
such complaints without delay, and the law also provided for means of public oversight.
57.
According to the delegation, Belarus also devoted special attention to the issue of
human detention conditions. No person could be detained other than on the basis of law, all
detentions had to respect human dignity, and all cruel or degrading treatment was
prohibited. The Government had allocated considerable resources to the improvement of
correctional institutions.
58.
The delegation noted that its legislation on freedom of association was based on the
International Covenant on Civil and Political Rights. Political parties and public
organizations could freely pursue their activities in accordance with their statutes and
programmes. The elimination of political parties or public organizations for political
reasons was prohibited by law. The laws on political parties and on public organizations
set out the requirements and procedures for their establishment, and the requirements were
of a uniform nature and did not depend on the nature of the activities pursued by the
organization concerned. There was also an easily accessible appeals mechanism.
59.
The delegation stated that, while some of the requirements for the establishment of
associations might appear rigid, they were justified in practice. Belarus was one of the few
countries in which the activities of non-governmental organizations did not include
extremism, xenophobia or religious or racial hatred. The delegation noted that there was a
favourable environment for the activities of such organizations. More than 2,200 public
associations and 15 political parties were registered. According to the delegation, the
number of associations was constantly rising.
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