A/HRC/44/55
87.
Most recommendations made in the previous reports of the Special Rapporteur
have not been implemented and remain valid.
88.
The Special Rapporteur further recommends that the Government of Belarus:
(a)
Establish without undue delay an independent national human rights
institution, which fully complies with the Paris Principles;
(b)
Adopt comprehensive anti-discrimination legislation that would afford
comprehensive protection against discrimination on all the grounds prohibited under
the International Covenant for Civil and Political Rights and provide effective
remedies for discrimination;
(c)
Elaborate and adopt a new inter-agency Human Rights Action Plan that
identifies steps whereby Belarus could improve the promotion and protection of
human rights;
(d)
Introduce a moratorium on the death penalty as an initial step towards
its abolition and ratification of the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death penalty;
(e)
Pending the abolition of the death penalty, ensure that the death penalty
is not imposed in violation of the International Covenant on Civil and Political Rights,
provide an effective right to appeal against death penalty sentences, and ensure that
family members of persons convicted and sentenced to death are informed about the
date and place of the execution, and are also informed about the place of burial;
(f)
Ensure that all allegations of torture and ill-treatment are promptly,
effectively, thoroughly and impartially investigated, and that perpetrators are
prosecuted and reparations are provided to victims;
(g)
Develop and integrate into the Criminal Code of Belarus a specific
definition of torture that is in conformity with international human rights standards
and is punished with sanctions; provide regular training to prosecutors, the judiciary
and law enforcement bodies on issues related to the provisions of the Convention
against Torture; provide staff and medical professionals with full information for
identifying signs of torture and ill-treatment, in line with the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol);
(h)
effectively;
Adopt legislative changes to criminalize enforced disappearance
(i)
Conduct impartial, independent and effective investigations into the fate
and whereabouts of Yuriy Zakharenko, Analoliy Krasovskiy, Victor Honchar and
Dmitriy Zavadski;
(j)
Ensure that the families of Mr. Zakharenko, Mr. Krasovskiy, Mr.
Honchar and Mr. Zavadski have access to a prompt and effective remedy and to
reparations, including rehabilitation, satisfaction and guarantees of non-repetition;
(k)
End the practice of criminal and administrative sanctions against
persons organizing, calling for or participating in peaceful assemblies; exclude single
pickets from the scope of the Law on Mass Events;
(l)
Review current registration procedures so as to ensure that individuals,
public associations and political parties can exercise their right to freedom of
association;
(m) Take measures to end racial profiling by law enforcement authorities
and undertake prompt, effective and impartial investigations of all allegations of
racial profiling;
(n)
Lift all unnecessary restrictions in law and practice on the exercise of the
rights to freedom of expression and opinion;
(o)
Allow a diversity of opinions in the public sphere through free,
uncensored and unhindered media, and end the harassment of independent
journalists, bloggers and reporters working for foreign media;
18
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