A/HRC/41/52
by the Ministry of the Interior condemning the British Embassy for having hoisted a
rainbow flag above the Embassy on the International Day Against Homophobia,
Transphobia and Biphobia.53
4.
Freedom of religion or belief
49.
The Special Rapporteur has not noted any progress in regard to the right to freedom
of religion or belief during the reporting period. The law on religion requires religious
communities to register before they can meet for worship, and certain religious
communities face recurrent difficulties when attempting to register. Several religious
communities, notably Protestant communities and Jehovah’s Witnesses, complain that their
applications have been rejected based on minor grounds such as an inadmissible legal
address. As a consequence of repeated rejections, some have given up any hope of getting
registered and decided not to meet for fear of repression, or to meet in homes or outdoors
for lack of a designated place of worship. 54
50.
All public exercise of freedom of religion or belief remains tightly controlled.
Meeting without registration exposes worshipers to police raids and fines under article
23.34 of the Code of Administrative Offences for violating the law on mass events.
Believers can be fined and their communities dissolved for distributing religious literature
and singing outside buildings of worship. For example, on 27 October 2018 two Baptists
were detained and fined for singing Christian songs and distributing religious literature at
the entrance to a market.55
51.
Foreign citizens must also request State permission to conduct religious work in
Belarus, notably those who are replacing priests who are on leave. In 2018, at least two
Orthodox priests from Russia and two Catholic priests from Poland were denied such
permission.56
C.
Rule of law
1.
Independence of judges and lawyers
52.
Information received indicates that little has been done to address the shortcomings
previously identified attesting to the lack of independence of judges and lawyers. The
President is still involved in the examination of candidates and the appointment and
dismissal of judges based on criteria unknown to the public. The possibility to appoint a
judge for an indefinite time exists but in practice, most judges are appointed for limited
terms and in any case have to undergo recertification every five years.
53.
The Special Rapporteur is also concerned by the fact that bar associations in Belarus
are considered independent but are de facto controlled by the Ministry of Justice. 57 The
Ministry of Justice appoints the president of bar associations, delivers lawyers their licences
to officiate and has the power to revoke them. In the same pattern as judges, lawyers
undergo planned recertification every five years, but they can also be unexpectedly
subjected to additional recertification requests. In that context, the lawyers of human rights
defenders and activists have been particularly vulnerable to arbitrary and humiliating
questioning of their professionalism. The Special Rapporteur believes that this situation
clearly undermines the independence and credibility of the judicial system.
53
54
55
56
57
12
See https://naviny.by/new/20180524/1527165697-lgbt-aktivistka-u-ofisov-mvd-i-kgb-sami-vypoddelka (in Russian).
See www.forum18.org/archive.php?article_id=2436.
See www.forum18.org/archive.php?article_id=2437.
See www.forum18.org/archive.php?article_id=2387.
See International Federation for Human Rights, World Organisation Against Torture and others,
“Belarus: Control over lawyers threatens human rights” (June 2018).
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