A/HRC/32/48
I. Introduction
A.
Background
1.
The present report is submitted to the Human Rights Council pursuant to its
resolution 29/17. Although the report is based on information received until 31 March
2016, it covers a period that goes beyond the previous report of the Special Rapporteur
(A/HRC/29/43), given that it takes stock of the level of compliance by the Government of
Belarus with the recommendations addressed to it in the past five years by United Nations
human rights mechanisms. By doing so, the Special Rapporteur has endeavoured to assess
overall changes, or absence of change, in the legal framework and in the practices of the
State authorities with regard to human rights and fundamental freedoms.
2.
The present review of the results of United Nations human rights advocacy in
Belarus is offered by the Special Rapporteur between two crucial events: the presidential
election of 2015, and the parliamentary elections scheduled for September 2016. In the
wake of the presidential election held in December 2010, the Government of Belarus used
massive violence against opposition leaders and their supporters. The incarceration of seven
presidential candidates was followed by the systematic and deliberate curtailment of an
extensive list of basic human rights.
3.
In 2012, the Human Rights Council, on the basis of a report of the United Nations
High Commissioner for Human Rights (A/HRC/20/8), established by its resolution 20/13
the mandate of Special Rapporteur on the situation of human rights in Belarus, and
requested the mandate holder to report annually to the Council and the General Assembly.
The Council has since renewed the mandate three times, for one year, in its resolutions
23/15, 26/25 and 29/17. Other United Nations human rights bodies and mechanisms,
including the Working Group on the Universal Periodic Review, have also made numerous
recommendations aimed at improving the situation of human rights and the Government’s
compliance with the State’s international obligations.
4.
The Special Rapporteur welcomed the release of six political prisoners (Mikalai
Statkevich, Mikalai Dziadok, Ihar Alinevich, Yauhen Vaskovich, Artsiom Prakapenka and
Yury Rubtsou) before the presidential election of 11 October 2015. The Special Rapporteur
notes that the release was welcomed by intergovernmental organizations and by human
rights organizations.
5.
The Special Rapporteur also notes that the presidential election of 2015 was held
without police violence and without the arrest of political opponents, unlike the previous
presidential election of 2010.
6.
While expressing relief at these concessions, the Special Rapporteur is concerned
that release of the above-mentioned political prisoners was conducted in the same arbitrary
manner as their incarceration. Furthermore, the release in no way supported the freedom of
election, given that those released have not had their civil or political rights restored. As a
result, the seven presidential candidates detained after the 2010 election, like other longterm political prisoners pardoned in 2014 (see A/HRC/29/43, para. 63), for example Ales
Bialatski, were unable to stand for election in 2015.
7.
Notwithstanding the absence of violence by law enforcement bodies, the conduct
and results of the 2015 presidential election were assessed by the Organization for Security
and Cooperation in Europe (OSCE) as in no way less restrictive or more reliable than the
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