A/HRC/35/40
V. Conclusions and recommendations
137. The analysis of the information available during the period under review shows
that the human rights situation in Belarus has seen a dramatic deterioration. The
Special Rapporteur is concerned that the protests, triggered by an unfair decree
taxing the unemployed, were met with the arrests, arbitrary detention and
deprivation of liberty on trumped-up charges of more than 900 individuals, including
opposition leaders, human rights defenders, journalists and foreign visitors. That level
of violation of civil rights had been unseen since the crackdown on peaceful
demonstrators in December 2010.
138. During the events of March, the authorities revived the policy of arresting
political opponents on trumped-up criminal charges and on a “preventive” basis, a
practice it was believed they had given up in 2015, prior to the presidential elections.
The Special Rapporteur will keep a watching brief to see if these actions will also
result in the reoccurrence of longer terms of imprisonment handed down to political
opponents of the Government.
139. The recent behaviour of the authorities testifies to their refusal to reform the
entrenched oppressive legal system designed to curtail basic freedoms. Governance
continues to be based on blocking and punishing expressions of dissent and on
recourse to bureaucratic restrictions, intimidation and ill-treatment.
140. The ratification of the Convention on the Rights of Persons with Disabilities is a
welcome step. The Special Rapporteur hopes that the Government will implement the
concluding observations of the Committee on the Rights of Persons with Disabilities
when it reviews the reports of Belarus in a more cooperative manner than the
authorities have so far displayed vis-à-vis the recommendations of the human rights
mechanisms.
141. The adoption of an inter-agency plan for the implementation of selected
recommendations from some human rights mechanisms cannot be described as a
significant step towards more respect for human rights, as many human rights actors
were kept away from its preparation and because of the absence in it of key human
rights concerns that have been expressed for years by the international community.
142. The parliamentary elections of September 2016 were the occasion for the
Government to show real improvements, but this opportunity was missed, as serious
issues repeatedly raised by various partners persisted before, during and after the
poll.
143. The current level of scrutiny by the United Nations of the respect for human
rights in Belarus must therefore be maintained, especially given the response to the
recent demonstrations.
144. The Special Rapporteur reiterates his readiness to cooperate with the
Government of Belarus. The recommendations that he made in his previous reports
remain valid.
145.
In addition, the Special Rapporteur recommends that the Government:
(a)
Stop all ongoing retaliatory procedures initiated in the wake of recent
social protest movements and release all political prisoners, individuals and
journalists who are detained;
(b)
Put an end to mass arrests and arbitrary detention as a response to
peaceful assemblies;
(c)
Repeal presidential decree No. 3 on the prevention of social dependency;
(d)
Repeal article 193-1 of the Criminal Code curtailing the freedoms of
peaceful assembly and of association;
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