A/HRC/23/52
mass event or demonstration) after they had posted photographs of themselves portraits of
political prisoner Ales Bialiatski on the Internet, on 10 December 2012. They were charged
nine days after the event and sentenced to an administrative fine (see also paragraph 77
above).54
84.
The systemic and ongoing nature of the denial of peaceful assembly can be seen in
the nine cases brought by Pavel Levinov of the Belarusian Helsinki Committee, 55 which
were joined owing to their “factual and legal similarity”, given that, in each case, Mr.
Levinov had applied to the executive authorities of the town of Vitebsk for permission to
picket.56
85.
The actions of the authorities are more directed at stopping such above-mentioned
events and holding participants liable, when they should be aimed more at facilitating them
legally and in practice, as recalled by the Special Rapporteur on the rights to freedom of
peaceful assembly and of association. Administrative detention should only be used in an
exceptional manner and only for imperative reasons of security.
J.
Freedom of association and human rights defenders
86.
On 31 July 2012, a bill on the introduction of alterations and addenda to certain laws
“on the issues of functioning of political parties and other public associations” was
submitted to the House of Representatives of the National Assembly, without any prior
consultation with non-governmental organizations. The bill is still pending. Despite a
number of positive norms in comparison with the current legislation, the bill would, even if
adopted and implemented, not improve the overall situation of freedom of association in
Belarus.
87.
On 24 January 2013, decree No. 2 was adopted, introducing amendments to decree
No. of January 1999 on the registration and liquidation procedures of non-profit
organizations, such as institutions and associations. The decree stipulates that the
application for State registration should confirm that the owner of the property or the head
of the legal entity is not on the preventive register, in accordance with Law No. 453-3 on
the prevention of offences. The grounds for “preventive registration” (a method for the
prevention of offences), as indeed those for non-registration, are subjective and unclear.
88.
In 2012, 111 new associations, four unions of public associations and 29 new
organizational structures of political parties were registered. According to information
given at a press conference of the Ministry of Justice, on 7 February 2013, registration was
denied to 19 public organizations, including two political parties: Belarusian Christian
Democracy and the Belarusian Communist Workers‟ Party.
89.
Human rights organizations appear to be particularly subjected to scrutiny. On 9
October 2012, the Minsk economic court ordered the closure of the association Platforma
for allegedly missing the deadline for its tax declaration and failing to notify the tax
inspector of its relocation, even though papers were reportedly submitted on time and no
move had taken place. It was fined 3,000,000 roubles at the first instance, a ruling that was
upheld on 13 November 2012 by the Minsk City Economic Court. Moreover, since
Platforma representatives participated in the forty-seventh session of Committee against
54
55
56
See www.omct.org/human-rights-defenders/urgent-interventions/belarus/2013/01/d22115/.
CCPR/C/105/D/1867/2009, 1936, 1975, 1977-1981, 2010/2010.
Centre for Civil and Political Rights, Levinov vs. Belarus case summary, 19 July 2012, available
fromwww.ccprcentre.org/wp-content/uploads/2013/01/1867-2009-Levinov-v-Belarus.pdf.
17
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