A/HRC/20/8
Kavalyou withdrew his confession which, he claimed, was obtained under duress.56 On 19
March 2012, Human Rights Watch reported that the two men had been executed.
72.
In February 2012, another person on death row, Ihor Malik, was allegedly
executed.57 This information could not be verified when the present report was being
drafted.
IV. Conclusions and recommendations
73.
The information collected and its analysis suggest a pattern of serious violations
of human rights since 19 December 2010. A number of actions, on 19 December 2010
and in the aftermath, were clearly aimed at curtailing the rights to freedoms of
association, assembly and expression, and the right to a fair trial. To date, allegations
of torture and ill-treatment in custody, impunity of perpetrators, violations of due
judicial process and pressure on defence lawyers persist. The lack of an independent
judiciary aggravates the situation and impedes progress.
74.
Despite the release, in August and September 2011, of a number of those
imprisoned in connection with the events of 19 December 2010, amendments to
several laws have further restricted civil and political rights. This situation indicates
that the deficiencies pertaining to human rights in Belarus are of a systemic nature.
They need to be addressed by the authorities through a comprehensive approach,
which would include a review of the legislation, policies, strategies and practice
pertaining to human rights.
75.
While presenting the oral report of the High Commissioner to the Human
Rights Council at its eighteenth session, the Deputy High Commissioner made several
preliminary recommendations to the Government of Belarus. As those
recommendations remain largely unimplemented, OHCHR reiterates them,
broadening their scope and adding additional ones. The High Commissioner thus
recommends that the Government of Belarus:
(a)
Immediately and unconditionally release remaining political opponents,
activists and journalists who were not involved in any violence in the events of 19
December 2010 and its aftermath;
(b)
Conduct an impartial, credible and objective investigation of the
circumstances in which the above persons were arrested and detained, and take steps
to promptly rehabilitate them;
(c)
Conduct a comprehensive, transparent and credible investigation into all
reported cases of torture and ill-treatment, and bring those responsible to justice;
ensure in all circumstances the physical and psychological integrity of detained and
imprisoned persons; and establish an independent national preventive mechanism for
the prevention of torture at the domestic level;
(d)
Ensure the full implementation of the rights to freedom of association
and assembly, in accordance with international law, and put an immediate end to all
forms of political and administrative pressure on and harassment of political
opponents;
56
57
18
Amnesty International, “Death penalty for two men in Belarus”, 30 November 2011.
See Tut.by, http://news.tut.by/society/276782.html, 29 February 2012.
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