A/HRC/29/43
judicial system and ensuring the dissemination of information on the work of the courts,
and encourages the courts to adopt the provisions of the Order.10
37.
In particular, the process for appointing judges should be as transparent as possible.
The executive authorities continue to play a significant role in the appointment of judges.
The majority of judges are also often appointed for a short tenure, a fact that increases their
dependence on the executive authorities that appoint them.
38.
The Special Rapporteur calls upon the authorities of Belarus to make public the
guidelines they use for the selection and appointment of judges. While decrees relating to
the appointment of judges are public, the criteria used to reach these decisions remain
unknown to both the general public and candidates for judicial office. 11
39.
Since January 2007, the Code of Judicial Systems and Status of Judges has required
judges to be appointed for a term of five years; judges may also be appointed for a further
term, or indefinitely.12 The Special Rapporteur notes with concern that this has led to fewer
judges being appointed to tenured positions, and the negative impact this could have on
judicial independence.
40.
With regard to the dismissal of judges, the President retains extensive powers to
dismiss a sitting judge without taking into considerations any further opinions, and “to
apply a disciplinary penalty on judges without any public or legally defined procedure of
examination”.13
B.
Independence of lawyers
41.
United Nations human rights mechanisms, including the universal periodic review,
have repeatedly called upon Belarus to respond to the concerns of defence lawyers and to
address the pattern of intimidation against lawyers and of interference in their work (see
A/HRC/15/16, paras. 50 and 98.26). The continued failure to address this issue has had a
chilling effect on the independence of lawyers. 14 Like other special procedures mandate
holders, the Special Rapporteur is concerned by the frequent targeting of lawyers working
on human rights cases (A/68/276, para. 97). He reiterates his call upon Belarus to restore
the licences of lawyers revoked after they represented candidates in the 2010 presidential
elections.15
42.
Domestic legislation, including Presidential Decree No. 12, undermines the
independence of the legal profession by subordinating lawyers to the control of the Ministry
of Justice and introducing obligatory membership in a State-controlled bar association. The
Special Rapporteur calls upon Belarus to take all appropriate measures, including a review
of the Constitution and laws, to meet the international minimum standards as set out in the
10
11
12
13
14
15
8
Coalition report (see footnote 4), p. 8.
Belarusian Helsinki Committee, Independence of the Judiciary in the Republic of Belarus, 2014,
p. 5.
Ibid., p. 7.
Eastern Partnership Civil Society Forum, Judicial Independence in the Eastern Partnership
Countries, 2011, p. 20.
CAT/C/BLR/CO/4, para. 12 (a); A/HRC/17/30/Add.1, para. 101; A/HRC/23/52, para. 64; A/68/276,
para. 76; A/HRC/25/55/Add.3, para. 61.
See also CAT/C/BLR/CO/4, para. 12(c); E/CN.4/2001/65/Add.1, para. 123 (c); and A/HRC/23/52,
paras. 65 and 119 (f).
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