A/HRC/23/52
central election commission did not publish the final results broken down by polling
station.75
V. Conclusions and recommendations
113. The Special Rapporteur concludes that there has only been scant progress in
the implementation of recommendations made by the High Commissioner in her
report to the Human Rights Council in 2012.76 He welcomes the initiatives to establish
a parliamentary working group on the death penalty and a national human rights
institution in line with the Paris Principles, which he hopes will result in the prompt
fulfilment of recommendations in both these areas. He urges the Government to
increase its efforts to implement comprehensively all the recommendations made by
the United Nations human rights mechanisms.
114. Through the consultations held during the period under review, the Special
Rapporteur views the system of governance – decrees, legislation, policy and practice
– as impeding the realization of the constitutional guarantees for the protection of
human rights for all those who live in Belarus. The situation of human rights –
precarious in general, grave in certain areas – is clearly affected by the domination of
the executive branch over the legislative and the judiciary.
115. The information gathered from primary sources suggests the existence of
systemic and systematic violations of human rights, especially in the areas of due
process, fair trial, and torture. The effective denial reported of the full enjoyment of
the freedoms of expression and opinion, of peaceful assembly and of association is in
itself indicative of the state of human rights in Belarus, as these rights are so often the
pathway along which other civil, cultural, economic, political and social rights are
exercised.
116. The situation for those deprived of their liberty, particularly well-known
political prisoners, is of deep concern. Their conditions of detention, combined with
the allegations of physical and psychological pressure that they facie, can be seen as
amounting to ill-treatment or even torture.
117. The Special Rapporteur is grateful to all those who provided detailed first-hand
information for his assessment. He regrets the fact that the Government did not avail
itself of this opportunity. He again reiterates his readiness to develop an incremental
approach to engagement with the Government, starting with issues that both
acknowledge as human rights concerns.
118. The Special Rapporteur stands ready to continue to offer his support to civil
society, in accordance with his mandate, and acknowledges their spirit and
commitment to the protection of human rights for all.
119. The Special Rapporteur recommends that the Government of Belarus review
and fully implement the recommendations made by the High Commissioner in her
report. In addition, the Special Rapporteur recommends that the Government:
(a)
Release unconditionally all political opponents, human rights defenders
and activists, and immediately ease their detention conditions;
75
76
22
OSCE Office for Democratic Institutions and Human Rights, Election Observation Mission final
report (see footnote 72).
A/HRC/20/8.
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