A/HRC/35/40
December 2016, another conference on the same subject was again held in Minsk, only
days after an execution was revealed.
IV. Human rights concerns
A.
Freedom of opinion and expression, and freedom of the media
33.
In March 2017, the media in Belarus faced extraordinary pressure from the
authorities. The Belarusian Association of Journalists registered 123 cases of violations of
journalistic rights during that single month. 8 Most of the incidents occurred when the
media, fully complying with both the official and the self-regulatory prescriptions on
visibility, attempted to cover the street demonstrations. Many other violations had a preemptive and retaliatory character, such as the purposeful damaging of equipment. All
incidents were carried out with great brutality, admittedly following orders. In six cases,
journalists were beaten by groups of law enforcement personnel.
34.
Nearly 100 detentions and 40 administrative trials against journalists were reported,
leading to 10 sentences of incarceration for 5 to 15 days. 9 Several cases are still pending at
the time of writing of the present report.
35.
On 31 March, two offices of Belsat TV in Minsk, which is part of Polish public
television, were searched and equipment was seized. The police justified its action by citing
a trademark suit initiated by an equipment seller several years previously. Throughout
March, the police singled out Belsat journalists when harassing, detaining and beating
journalists.10
36.
The Special Rapporteur has continued to receive accounts of severe curtailment of
freedom of expression during the whole period under review. Journalists and bloggers have
had to endure administrative harassment, fines, temporary arrests, confiscation of personal
belongings and undue intrusion into their private spheres. As many as 13 instances of
detention of journalists were recorded in 2016.
37.
The Special Rapporteur has reported on violations of the freedom of opinion and
expression in the context of the parliamentary elections of September 2016 (A/71/394).
Since the elections, no changes have occurred in the regulatory system based on the
licensing and registration of media outlets by State-appointed bodies and the Government
itself. The Government continues to be equipped with the power to warn, suspend and
deregister all and any media outlets based on its own discretionary interpretation of what it
regards as content failures.
38.
Many journalists continue to work without accreditation, as the system is designed
to forbid and criminalize any journalistic activity by denying accreditation. The holding of
parliamentary elections in September 2016 was the occasion of another tightening of
restrictions on accreditation. Freelance journalists Larysa Shchyrakova and Konstantin
Zhukouski were sentenced four times to heavy fines for working with foreign media
without accreditation. The Special Rapporteur is concerned about reports regarding Mr.
Zhukouski, who, in addition to being fined, was detained with another journalist, Aliaksei
Atroshchanka; both reportedly were ill-treated by police officers.11
39.
The Special Rapporteur is deeply concerned at the situation of online media, users of
which are subject to harassment, indicating that the system of controlling content and
8
9
10
11
See www.baj.by/en/content/statement-baj-regarding-persecution-journalists-march-2017.
Journalists were put on trial on charges, among others, of violations of the following provisions of the
Administrative Code: art. 22.9 for illegal production of mass media products (i.e. for work without
accreditation); art. 23.34 for violating the procedure for organizing or holding mass events (such as
participating in an unsanctioned mass event); art. 23.4 for disobedience to lawful demands of the
police; and art. 17.1 for minor hooliganism.
See www.hrw.org/news/2017/04/03/belarus-freedom-day-crackdown.
See www.spring96.org/files/misc/review_2016_en.pdf.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents