A/HRC/44/55 However, on 25 June 2019, a representative of the General Prosecutor’s Office of Belarus announced that the law enforcement officers proceeded correctly and proportionately during the operation. The Special Rapporteur notes that this case is a clear example of racial profiling by law enforcement against Roma through such measures as arbitrary detention, and she deplores the lack of accountability and legal redress mechanisms for such violations. 43. The Special Rapporteur remains concerned that enforced disappearances are still not prohibited by the Criminal Code of Belarus. Such cases are investigated either as murders or regular cases of missing persons, and victims are considered missing or are not afforded any legal status. Criminalizing enforced disappearances would establish a specific legal status for victims of the crime, and allow for procedures that are sufficiently serious, given the gravity of the offence. This issue is relevant today in relation to the enforced disappearance of Yuriy Zakharenko, who has neither been declared missing nor presumed dead. Such criminalization would also entitle his family members to certain rights, as the disappearance of the family member entails a violation of civil, political, economic, social and cultural rights. To date, Belarus has not signed the International Convention for the Protection of All Persons from Enforced Disappearance. 44. On 18 December 2019, criminal investigations were resumed in the cases of enforced disappearance of Mr. Zakharenko, Victor Honchar and Analoliy Krasovskiy. Those investigations had previously been suspended because suspects could not be identified. The reopening of the investigations followed the publication on 16 December 2019, by Deutsche Welle, the German public broadcaster, of an interview with a former member of the Belarusian special rapid response unit. That person, now in exile, disclosed that in the period 1999–2000, agents of the unit had abducted and killed Mr. Zakharenko, Mr. Krasovskiy, Mr. Honchar and Dmitriy Zavadski. The Special Rapporteur regrets that the Investigative Committee refused to resume the investigation into the alleged enforced disappearance of Mr. Zavadski. She is concerned by the apparent lack of independent, impartial and effective investigation into these allegations of enforced disappearances and reiterates that relatives of the victims have the right to the truth, and to a prompt, effective remedy and reparation. B. Civic space and fundamental freedoms 1. Freedoms of peaceful assembly and of association 45. During the reporting period, the freedom of peaceful assembly remained highly restricted. While amendments to the Law on Mass Events that came into force on 26 January 2019 introduced a notification procedure for assemblies, de facto they failed to liberalize the procedures. According to the Law, notification procedures apply only to events organized in previously designated remote areas, whereas the authorization of local authorities is still required for holding an event in places that are more central or visible to the wider public. Moreover, organizers of assemblies have to bear all costs related to holding an assembly, including costs for security, cleaning, medical assistance and other services.44 This acts as a disincentive that effectively limits freedom of peaceful assembly. The Special Rapporteur is extremely concerned about the fact that this approach contradicts the State’s positive obligation to facilitate and protect the exercise of the right to freedom of peaceful assembly, which as she stressed in her previous report is particularly important during a pre-election period. She encourages the Government of Belarus to adopt a more tolerant approach during the upcoming election campaign, so as to guarantee that all presidential candidates and their supporters have an equal standing in terms of presenting their programmes to voters. 46. The Law on Mass Events includes certain discriminatory provisions. Only adult citizens of Belarus who have the right to vote are entitled to organize a mass event. This means that children, foreigners, immigrants and people who do not have legal capacity 44 The following costs for public order protection were established by the Council of Ministers: involvement of police in a mass event with 100 to 1,000 participants costs approximately $1,700, and an event with more than 1,000 people costs approximately $2,800. If public events are held in places that are not listed by authorities as appropriate, the rates are increased by 50 per cent. 9

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