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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