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; 20

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents