A/HRC/32/48
information constituting an official secret, and bribery. Despite the fact that the trial was
held behind closed doors, and therefore not transparent, the Special Rapporteur believes, on
the basis of bona fide sources, that the case is political in nature.
69.
The Special Rapporteur refers to the case of Leanid Sudalenka, a human rights
activist whose regular harassment is emblematic of the handling of human rights defenders.
In April, May and August 2015, police and border guards repeatedly subjected Mr.
Sudalenka to searches in his apartment and at border crossings, seized his computer, and in
at least one instance allegedly used violence against him. All allegations of dissemination
of pornographic material, like all other charges against him, were eventually dropped. Mr.
Sudalenka has also faced administrative charges laid by the tax authorities, although they
were subsequently dismissed as immaterial.
70.
The Special Rapporteur also refers to the situation of human rights activist Alena
Tankachova, who was deported from Belarus in February 2015. Ms. Tankachova made a
written request to the Department of the Interior of the city of Minsk that the period of the
ban on her return to Belarus be reduced and that her name be removed from the list of
persons banned from entering the country. The Department rejected her request.
71.
Already in 2010, at its first universal periodic review, States had recommended that
the authorities of Belarus guarantee that civic organizations, human rights defenders,
political parties and unions were able to carry out their legitimate activities without fear of
reprisal, restrictions, judicial harassment or intimidation, and ensure that violations against
human rights defenders were effectively investigated in order to bring those liable to justice
(A/HRC/15/16, paras. 98.30 – 98.35).
72.
Five years later, the same recommendations were made again, namely, that the
authorities ensure the safety of human rights defenders, and their human rights, particularly
the freedom of expression, and conduct a prompt and transparent investigation in to reports
of intimidation of and reprisals, threats and violence against human rights defenders
(A/HRC/30/3, paras. 129.67 – 129.90).
73.
The Committee against Torture had similarly concluded in 2012 that Belarus should
take all steps necessary to ensure the protection of human rights defenders and journalists
from intimidation or violence as a result of their activities and conduct a prompt, impartial
and thorough investigation in to, and prosecution and punishment of such acts (see
CAT/C/BLR/CO/4).
74.
The Committee on the Elimination of Racial Discrimination had pointed out in 2013
that Belarus should ensure strict adherence to the principles and provisions of the
International Convention on the Elimination of All Forms of Racial Discrimination in the
interpretation and application of the Counteracting Extremism Act, and in its enforcement,
so that it did not target or disadvantage human rights defenders promoting the elimination
of racial discrimination (see CERD/C/BLR/CO/18-19, para. 10).
E.
Civil society
75.
The healthy development of civil society in Belarus has for decades been suppressed
by restrictive regulations, which have hindered and even criminalized funding. Although
the President signed, on 2 September 2015, a decree on foreign donations, which alleviated
some procedures, all funding must still be registered with a department of the office of the
President. Recourse to foreign funding without authorization still constitutes an
administrative offence, and may become a criminal matter if repeated within the same year.
Human rights activities are still excluded from the list of acceptable spending goals, making
any such spending potentially criminal.
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