A/HRC/43/51/Add.3
of Mr. Aliaksandr Kabanaŭ, environmental rights defender and blogger, for their
participation in peaceful protests against the construction of a battery plant in Brest.
504. The Special Rapporteur wishes to thank the Government for the responses to his
communications sent on 7 February 2019 and 22 March 2019.
505. The Special Rapporteur welcomes the decision of the Government of Belarus to
introduce amendments to the Criminal Code, decriminalising “involvement in the activities
of an unregistered organisation”. While he also welcomes the decision not to initiate criminal
proceedings against Mr. Burakoŭ, the Special Rapporteur regrets that the Government did
not provide information on the steps taken to guarantee his physical and psychological
integrity.
506. The Special Rapporteur remains concerned about the situation of freedom of
expression and freedom of assembly and association for human rights defenders in Belarus.
The Special Rapporteur recalls that on 7 August 2004, the Human Rights Committee
recognised the decision to deregister the human rights organisation “Viasna” was a violation
of the right to freedom of association (Decision No. 1296/2004). Accordingly, the Human
Rights Committee asked the Government to provide the founders of the organisation with
appropriate remedies, including the re-registration of the organisation. The Special
Rapporteur remains concerned at the Government’s failure to comply with the decision of
the Human Rights Committee.
507. The Special Rapporteur expresses concern at the allegations of judicial harassment of
Mr. Vialičkin and Mr. Kazak and the alleged arbitrary detention of Mr. Kabanaŭ, which
appear to be directly related to their participation in peaceful protests and promotion of
environmental rights. He is further concerned at the use of the Code of Administrative
Offenses to pressure human rights defenders and prevent them from exercising their right to
peaceful assembly. Moreover, it seems that administrative detention is used as a means to
prevent human rights defenders from participating in assemblies. The Special Rapporteur
thanks the Government for its response dated 16 May 2019 but regrets that it did not include
information on how the arrest and detention of the above-mentioned individuals were
compatible with international human rights norms and standards.
Bosnia and Herzegovina
508.
JAL 16/05/2019
Case no: BIH 1/2017
State reply: none to date
Alleged excessive use of force by special police unit forces of the Ministry of
Interior, and charges laid against twenty-three residents (22 women and one man) of
Krušćica village who have been peacefully defending the river and the surrounding
environment from the construction of two hydropower plants.
509. The Special Rapporteur regrets that, at the time of finalisation of this report, no
response has been received from the Government of Bosnia and Herzegovina. He encourages
the Government to engage with the mandate holders of the Special Procedures of the Human
Rights Council.
510. In relation to the allegations outlined in his communication dated 16 May 2019, the
Special Rapporteur raises concern over the physical and verbal excessive use of police force
against the mainly female peaceful protestors, the denial of proper medical care, and the
misdemeanour charges laid against them. He is concerned that those measures may have been
directly linked with their environmental and human rights activism. The Special Rapporteur
raises further concern that such acts of harassment and intimidation could have a negative
impact across the wider human rights community and may deter local initiatives throughout
the country where environmental human rights defenders are peacefully assembling to
oppose controversial projects such as dams and hydropower plant construction.
Cyprus
511.
JAL 21/10/2019
Case no: CYP 2/2019
state reply: 11/12/2019
71
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