A/HRC/20/8
agents dispersed the group, and then used this incident to charge, at 10.37 p.m.,14 against
the rest of the demonstrators, the vast majority of whom were reportedly peaceful. Many
peaceful demonstrators were reportedly beaten with batons and injured.15 According to
Government information, the police did not use tear gas, water cannon, rubber bullets or
other special means.
32.
Police intervention was followed by mass arrests, detentions and raids targeting
opposition activists, non-governmental organizations and journalists. Many observers
reported that the Government launched a coordinated crackdown on political opponents.
Seven of the 10 presidential candidates were arrested and detained on election day or
shortly after. According to various reports, more than 600 people were detained by the end
of December 2010,16 mostly participants in the protest, opposition activists and journalists.
Most of those arrested were later released, many after receiving administrative charges or
fines, or after having spent five to 15 days in custody. More than 40 people were, however,
charged, and stood trials in Minsk district courts.
33.
OSCE, the Council of Europe, the European Union and the leaders of several States
issued statements raising concern about the human rights situation in Belarus. The High
Commissioner issued two statements, on 21 December 2010 and on 21 February 2011, in
which she expressed her concern at the deterioration of the human rights situation in the
aftermath of the election, and called upon the Government to put an end to the persecution
and harassment of political opponents, journalists and human rights defenders.
B.
Freedom of assembly
34.
Belarus is a party to the International Covenant on Civil and Political Rights. Article
21 of the Covenant stipulates the right to freedom of peaceful assembly. Article 35 of the
Constitution of Belarus also protects this right in accordance with the law.
35.
The dispersal of the rally at Independence Square on 19 December 2010 was
followed by numerous arrests of rally participants in the subsequent days and weeks. Many
were accused of “unauthorized protest acts” and charged under articles Nos. 293
(“organization of or participation in mass disorder”), 339 (“hooliganism”) and 342
(“organization and preparation of acts gravely violating public order”) of the Criminal
Code. According to official information, the courts found 27 people guilty of active
participation in the unrest,17 although it was recognized that the vast majority did not
commit any violent acts. Between 17 February and 26 May 2011, 13 court trials relating to
the events of 19 December 2010 were held in Minsk. In total, 43 people were convicted and
sentenced, including 28 people for their “participation in mass disorder”.
36.
Restrictions to the right to freedom of assembly continued beyond the events of 19
December 2010. The Government systematically refused to authorize peaceful
demonstrations and rallies throughout 2011, including peaceful silent protests whereby
14
15
16
17
10
Ibid.
“Four Belarus opposition leaders arrested following „vote-rigging‟ riot over President Lukashenko‟s
landslide victory”, Mail Online, 20 December 2010. Available from
www.dailymail.co.uk/news/article-1340131/Belarus-presidential-candidate-Neklyaev-seriouslyinjured-vote-rigging-protest.html.
“Behind the scenes of one conspiracy (part 2): some declassified documents on the events of
December 19”, Belarus Today, 17 January 2011. Available from www.sb.by/post/111190/.
CAT/C/BLR/CO/4/Add.1.
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