A/HRC/4/16 page 6 IV. THE SITUATION OF THE BASIC FREEDOMS AND HUMAN RIGHTS A. Civil and political rights; mechanisms of protection 10. Systematic violations of civil and political rights and the deprivation of Belarusian citizens’ right to effectively take part in the conduct of public affairs continue to be observed. Human rights protection mechanisms remain extremely weak, and there is no national human rights institution. The judicial system is still subservient to the executive branch and there is no genuine independent legislative branch. 11. Presidential elections on 19 March 2006, in which incumbent President Lukashenka claimed victory with over 80 per cent of the vote, were said not to comply with standards for democratic elections. OSCE and the European Parliament stated publicly that the election failed to meet international electoral standards because of arbitrary use of State power, widespread detentions, and disregard for the basic rights of freedom of assembly, association and expression. The European Parliament ad hoc delegation for the monitoring of presidential elections in Belarus stated that Alexander Lukashenka could not be recognized as the legitimate President of Belarus, as the elections were not free, fair or democratic, and called for a rerun of the elections, as well as for an extension of European Union sanctions against Belarus. In April 2006, the EU Council extended a visa ban on 31 officials from Belarus, including President Lukashenka. On 18 May, the Council also applied an asset freeze to these individuals. Nevertheless, on 21 November, the European Commissioner for External Relations and European Neighbourhood Policy issued a document setting out what the EU could bring to Belarus, were Belarus to engage in democratization and respect for human rights and the rule of law. 12. The Special Rapporteur issued three press statements in March 2006 condemning the escalation of human rights violations in Belarus and requesting the release of imprisoned political opponents. He strongly condemned the escalation of human rights violations committed by the Government against the independent press, opposition candidates and their supporters and human rights defenders ahead of the presidential election in Belarus, and urged the Government to promptly stop its campaign of aggression against human rights defenders, particularly the Belarusian Helsinki Committee and its members. Administration of justice and law enforcement, the death penalty, disappearances and summary executions 13. Since his last report, the Special Rapporteur has remained concerned that Belarus is the last country in Europe to apply the death penalty. The situation in the country is still characterized by harsh conditions of pretrial detention, the practice of torture and other inhuman treatment, and excessive use of force by the police. 14. Furthermore, it is alleged that judges virtually never refer to the Constitution or international treaties when they hand down rulings and that the decisions of the Constitutional Court are often ignored. Trials are often held behind closed doors without adequate justification, and representatives of human rights organizations are denied access to courts to monitor hearings. Punishments are often totally disproportionate. The right to appeal is limited as the Supreme Court acts in many cases as the court of first instance, leaving no possibility for appeal.