A/HRC/4/16
page 7
Before and after the presidential elections, over 150 people were reportedly summarily put on
trial without access to a defence lawyer. Concerns were expressed regarding respect for their
right to a fair trial.
Freedom of opinion and expression
15.
The right to freedom of expression guaranteed by article 33 of the Constitution in
practice faces numerous limitations. Several articles of the Belarusian Criminal Code are used
by the authorities to suppress the lawful exercise of the right to freedom of expression, including
articles 367 (defamation of the President), 368 (insult to the President) and 369 (insult to a
government official). In August 2005, Presidential Decree No. 382 imposed a requirement for
official registration of “public discussion” events (workshops, seminars) organized with foreign
support. In late 2005, the Belarusian parliament adopted amendments to the Belarusian Criminal
Code and the Code of Criminal Procedure increasing penalties for “actions aimed against a
person and public security”, which came into force on 1 January 2006. The vague wording of
the amendments paves the way for authorities to use their discretion for a broad, abusive
interpretation. A penalty was created for “discrediting Belarus”. “Discrediting” in this context
means “the fraudulent representation of the political, economic, social, military or international
situation of the Republic of Belarus, the legal status of its citizens or its government agencies”.
This would be likely to prevent Belarusian human rights defenders from communicating with
United Nations special procedures.
16.
The Special Rapporteur was informed of several cases in which freedom of opinion and
expression were allegedly violated:
•
On 10 May 2006, Artur Finkevich, a youth activist, was sentenced to 2 years of
restricted liberty for writing political graffiti stating “We want a new President” and
“Enough is enough!”;
•
On 16 June 2006, Nikolay Razumov was sentenced to 3 years in prison for releasing
the information that President Lukashenka had been involved in the involuntary
disappearances and deaths of Yury Zakharenko, Viktor Gonchar, Anatoly Krasovsky,
Dmitry Zavadsky and Gennady Karpenko;
•
On 23 October 2006, Katsiaryna Sadouskaya, a human rights defender, was
sentenced to 2 years in a prison colony for alleged insults and threats (articles 391 and
389 of the Criminal Code). A letter that had never been sent was reportedly found in
her home, calling for a psychiatric examination of President Lukashenka and a
boycott of the March presidential elections and accusing the Russian secret services
of supporting “the Belarusian dictator”.
Freedom of the media
17.
Freedom of the media is guaranteed by the Law on the Media, but several restrictions are
imposed on this fundamental right. In 2006, the index regarding freedom of the media
established by Reporters without Borders ranked Belarus 151st out of 168 countries. It is alleged
that the Government of Belarus retains control of the broadcast media, printing plants and
newspaper distribution networks using its monopoly to limit public access to information.
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