A/HRC/32/48
of information on public gatherings was banned until the authorities had approved them. 10
As a result, the scope of “unauthorized events” that trigger administrative liability had
grown to include distributing printed materials or carrying out photographic shoots. There
had also been reports of cases of detention and prosecution for participating in events that
had already been authorized.11
62.
In 2014, the Special Rapporteur called upon the authorities of Belarus to end the
obstruction, punishment and harassment of non-governmental organizations making use of
their right to peaceful assembly (A/69/307, para. 93 (k)). In 2015, the Special Rapporteur
noted the adoption of further restrictions to the right to gather in public (A/HRC/29/43,
para. 87). Regrettably, the limitations to the exercise of the freedom of peaceful assembly
have not been lifted, as the above examples illustrate.
63.
At the first universal periodic review of Belarus, in 2010, it had been recommended
that the State amend its legislation on mass events to ensure compliance with the
International Covenant on Civil and Political Rights and simplify issuance of permissions
for holding assemblies (A/HRC/15/16, para. 98.34). The recommendation was reiterated in
2015, based on the lack of progress made in amending legislation on public association and
mass gatherings for it to comply with international standards (see A/HRC/30/3, paras.
129.57, 129.61, 129.65, 129.71, 129.77, 129.90 and 129.92-94).
D.
Situation of human rights defenders
64.
The Special Rapporteur continued to receive alarming reports regarding the situation
of human rights defenders during the period under review. The authorities have persisted in
their denial of registration for renowned human rights organizations, such as Viasna.
65.
The Special Rapporteur refers to his report submitted to the General Assembly in
2014 (A/69/307), in which he made an in-depth analysis of the situation of human rights
defenders and made several recommendations on ensuring an enabling environment for
activists to operate. He notes, however, that the restrictions have remained in place, as has
the practice of constant harassment, making it virtually impossible for human rights
defenders to work safely.
66.
On 24 November 2015, during a peaceful protest in Minsk commemorating the
referendum held in 1996 that increased the powers of the President and led to the
introduction of the death penalty, two Viasna observers, Sergei Kaspiarovich and Natalia
Satsunkevich, were charged with having organized the event, despite wearing observer
badges with their own photos. They face a fine or detention.12
67.
On 16 February 2016, the criminal case against former presidential candidate Ales
Mikhalevich was extended again for another month. On 14 March, his case, originally
opened after the events of 2010, was suspended, but may be re-opened at any time.
68.
On 10 July 2015, human rights activist Mikhail Zhamchuzhny was sentenced to six
years in a penal colony on the charges of intentional disclosure of information constituting
an official secret, illegal acquisition (production) of means for secretly obtaining
10
11
12
12
See Human Rights Watch, Human Rights Watch UPR Submission to UNHRC: Belarus, 17
September 2014.
Viasna Human Rights Center, “Situation of Human Rights in Belarus in December 2014”, 13 January
2015.
Worldwide Movement for Human Rights, “Belarus, judicial harassment of Mr. Sergei Kaspiarovich
and Ms. Natalia Satsunkevich”, 3 December 2015.
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