A/HRC/32/48 54. The number of individuals administratively prosecuted and fined for participating in unregistered events has not, however, declined since the presidential election in October. De jure criminal status, in accordance with article 193.1 of the Criminal Code, remains unchanged. The complicated authorization procedure for public gatherings and the broad scope available to authorities to determine whether a location is suitable for holding demonstrations still leads to the arbitrary denial of public events.7 Local authorities consistently refuse permission for assemblies, even in places that they had previously allocated to this purpose in their own decisions. Such situations have been reported in Biaroza, Vitsebsk, Baranavichy and other cities.8 55. Counter to the expectations raised by the lack of immediate repression of rallies during the election period, administrative charges were brought retroactively after the election against the organizers of public rallies held in August, September, October and November, who were given substantial fines. 9 Viachaslau Siuchyk was sentenced in absentia to a large fine for having participated in the demonstrations held on 10 and 11 October, in Freedom Square and Kastrychnitskaya Square on the day of the presidential election). The co-chair of the Christian Democratic (BCD) party, Pavel Seviarynets, was sentenced in absentia to a fine for involvement in a procession on 24 November 2015. 56. Since January 2016, new administrative charges have been brought against opposition activists for their involvement in street protests and pickets. 57. On 5 January, Maksim Viniarski was given a large fine for taking part in a student march held on 2 December 2015. On the same day, Leanid Kulakou was fined for staging a picket on International Human Rights Day. 58. On 19 January, Aliaksandr Makayeu was fined under article 23.34 of the Administrative Code for participating in a march held on 24 November 2015 in Minsk to mark the anniversary of the referendum of 1996 and to honour the memory of the politicians who disappeared in 1999 and 2000. Maksim Viniarski was charged for the same activities and ordered to pay a large fine. One of the organizers of the student march, Hleb Vaikul, was expelled from the Belarusian State University. The activist stated that the harassment was linked to his civil activities. 59. The repeated protest rallies held by small entrepreneurs and supporters against the imposition of new trading restrictions have resulted in numerous new court cases and sentences, mostly fines. Such rallies were held in Minsk, Baranavichy, Viciebsk, Homiel and Polac in January and February 2016. 60. In March, the Minsk Central District Court handed down fines to Maksim Viniarskiy, Leonid Kulakov, Vyacheslav Sivchik, Pavel Severinets and Pavel Sergey. Representatives of the United Civil Party face further charges related to administrative offences for their participation in rallies of solidarity with the entrepreneurs. 61. The Special Rapporteur recalls that, prior to the presidential election in 2015, the authorities in Belarus had continued to restrict the legal definition of mass events, invoking the restrictions applicable to public gatherings already contained in the Law on Mass Gatherings (A/HRC/29/43, para. 87). New restrictions had been passed to broaden the definition of “mass events”, and on where demonstrations may be held. The dissemination 7 8 9 Civil Rights Defenders, “Human Rights in Belarus”, 7 July 2015. Belarusian Helsinki Committee, Analytical report: July – September 2015 (available from http://belhelcom.org/en/node/19821). Ibid. 11