A/HRC/32/48
consequence, the courts regularly approve the injunctions without even taking actual media
content into consideration.
30.
Pluralism of the media and freedom of expression will play a crucially important
role in the parliamentary elections to be held in September 2016. The recommendations
made by the Office for Democratic Institutions and Human Rights of OSCE about media
governance in its reports on the previous parliamentary elections, in 2012 and the
presidential election in 20154 remain to be implemented.
31.
In July and August 2015, seven journalists were fined for having cooperated with
foreign mass media without accreditation. On 12 January 2016, journalist Larysa
Shchyrakova was punished by a fine under article No. 22.9 of the Administrative Code.
Kanstantsin Zhukouski, a freelance journalist, was tried in absentia and ordered to pay a
large fine by the Kalinkavichy District Court.5
32.
A worrying development was reflected in a recent statement by the Minister for the
Interior, who claimed on 1 March 2016 that some media could be characterized as having
launched an “information war” against the police, which, would therefore respond by all
legal means, including legal actions.
33.
Similarly, when on 2 March 2016 the Minister for Information received two
journalists who presented him with an appeal signed by 156 people to protest against police
violence towards journalists, he referred to the case of Pavel Dobrovolskiy, and justified the
police actions against him.
34.
The Special Rapporteur recalls that the harassment of journalists has been a constant
practice by the regime, and recommended that judicial authorities cease these practices (see
A/70/313). The statements made by the Ministers do not reflect any change in approach. As
shown in the above cases, harassment can come in the form of arbitrary arrests,
administrative searches, the confiscation of working tools and materials, fines, tax
inspections or a summons for questioning.
35.
The above-mentioned practices of intimidation by legal action against journalists
had already been noted in 2010, when at its first universal periodic review, it was
recommended that Belarus review its national legislation to ensure compliance with the
freedom of expression, and ensure that the freedom and independence of the press were in
line with European and international standards (A/HRC/15/16, paras. 98.27 – 98.32).
36.
Five years later, during the second cycle of the universal periodic review,
recommendations were again made that the State review its legislation to guarantee greater
respect for the freedom of expression (A/HRC/ 30/3, paras. 129.57 – 129.65). Belarus was
called upon to improve the overall situation of media freedom, and to amend the law on
mass media to bring it into line with international standards and with the recommendations
made by the OSCE Representative on Freedom of the Media.
37.
The Special Rapporteur has made numerous recommendations regarding freedom of
opinion and expression, especially on the freedom of the media, in his most recent report to
the General Assembly (A/70/313), which focused on the issue.
38.
It is significant that, in its report on the presidential election in 2015, the election
observation mission of the OSCE Office for Democratic Institutions and Human Rights
recommended that the authorities reconsider the requirement for accreditation and allow
4
5
8
See OSCE, “Belarus, Parliamentary Elections, 23 September 2012: Final Report”, 14 December 2012,
and “Belarus, Presidential Elections, 11 October 2015: Final Report”, 28 January 2016.
See Viasna Human Rights Center, “Human Rights Situation in Belarus in 2015: Analytical review”.
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