A/HRC/41/52
discussed for many years and could be addressed relatively easily, shows that
achieving significant change requires political will and leadership.
91.
The Special Rapporteur observes with concern that numerous issues raised in
her report have already been raised previously and notes that many recommendations
made by United Nations human rights mechanisms and other international actors
have neither been fully implemented nor followed up on. The lack of improvement on
issues of torture, ill-treatment or arbitrary detention and the deterioration
documented in relation to fundamental freedoms confirm the lack of substantial
progress and the lack of willingness to engage in structural reforms. Many groups
remain discriminated against and socially and economically vulnerable groups find
more challenges than solutions to their problems in the current system.
92.
So far, changes introduced by the Government to address certain human rights
concerns tend to follow a pattern of decriminalization replaced by administrative
liability, instead of resulting in full legalization. As long as major criticisms remain
unaddressed, such changes cannot be interpreted as a shift of paradigm. In this
context, the risk of window-dressing is real and continued monitoring is therefore
needed.
93.
With that in mind, the Special Rapporteur urges the Government to change its
approach by finally awarding human rights the space and importance it deserves and
showing clear leadership on the issue. Despite the absence of cooperation with the
mandate, the Special Rapporteur reiterates her readiness to engage constructively
with the Government in that regard.
94.
In the light of the findings set out above, the recommendations made by the
previous Special Rapporteur in his reports to the Human Rights Council and to the
General Assembly remain valid. Building on them, the Special Rapporteur makes the
following recommendations.
95.
The Special Rapporteur recommends that the Government of Belarus:
(a)
Consider establishing a moratorium on executions as an initial step
towards legal abolition of the death penalty, commute all pending death sentences to
imprisonment and launch an open debate on this issue aimed at changing public
perception to support the abolition of the death penalty. In the meantime, lift all
secrecy surrounding the use of the death penalty;
(b)
Include a specific definition of torture in the Criminal Code, reinforce
the competences and independence of the existing public monitoring commissions and
ensure that all allegations of torture and ill-treatment are promptly recorded and
investigated, perpetrators prosecuted and reparations provided to victims;
(c)
Resume the development of a draft law against domestic violence or
prepare amendments to the current laws;
(d)
Ensure a legislative landscape favourable to fundamental freedoms,
notably by reviewing laws covering mass media, anti-extremism, registration of
organizations, and the organization of public events,
(e)
Protect human rights defenders, activists, journalists and civil society
members from undue pressure, intimidation and harassment and conduct prompt and
thorough investigations into such cases;
(f)
Ensure the independence of bar associations and lawyers and prevent
political control of the judiciary by reviewing the current practice and regulations;
(g)
Review the application of article 328 of the Criminal Code, in particular
in regard to children, and develop alternative approaches to deal with the issue of
drug abuse and drug trafficking;
(h)
Take initiatives to develop a fully-fledged juvenile justice system, notably
but not exclusively by developing non-custodial measures and alternatives to
detention;
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