CAT/C/BLR/CO/4
2011 and urgent appeals made by the Special Rapporteur on the situation of human rights
defenders and the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression. The Committee regrets that, despite the views of by the
Human Rights Committee (communication No. 1296/2004) and several appeals by the
Special Rapporteurs (A/HRC/17/27/Add.1, para. 331), the Supreme Court maintained the
previous decision by the Ministry of Justice not to register Human Rights Centre Viasna
(arts. 2, 12 and 16).
The State party should take all necessary steps to ensure the protection of human
rights defenders and journalists from intimidation or violence as a result of their
activities and the prompt, impartial and thorough investigation, prosecution and
punishment of such acts. In particular, the Committee recommends that the State
party:
(a)
Acknowledge the crucial role of non-governmental organizations in
assisting the State party in fulfilling its obligations under the Convention, and enable
them to seek and receive adequate funding to carry out their peaceful human rights
activities;
(b)
Inform the Committee of the outcome of investigations of alleged threats
against and harassment by the authorities of human rights defenders and journalists,
including cases of two journalists, Irina Khalip and Andrzej Poczobut; the Chair of
the Belarusian Helsinki Committee, Aleh Gulak; and the President of Viasna, Ales
Byalyatski; and
(c)
Update the status of implementation of the aforementioned decision of
the Human Rights Committee that the complainants, 11 members of Viasna, are
entitled to an appropriate remedy, including the re-registration of Viasna.
Refugees and asylum-seekers
26.
While welcoming the adoption, in 2008, of the new Law on Provision of Refugee
Status, Complementary and Temporary Protection to Foreign Citizens and Stateless Persons
in Belarus, the Committee notes that the legislation and practice of its implementation need
to be further revised in order to be fully in line with international human rights and refugee
law (art. 3).
The Committee recommends the State party to revise its current procedures and
practices in the area of expulsion, refoulement and extradition in order to fulfil its
obligations under article 3 of the Convention. The State party should guarantee better
protection for asylum-seekers, refugees and other persons in need of international
protection, improve the quality of the State’s Refugee Status Determination
procedure, and consider ratifying the 1954 Convention relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
Death penalty
27.
The Committee is concerned by reports of the poor conditions of persons sentenced
to death, and regarding the secrecy and arbitrariness surrounding the execution of persons
sentenced to death, including reports that the families of persons sentenced to the death
penalty are only informed days or weeks after the execution has taken place, that they are
not given the opportunity for a last visit to the prisoner, that the body of the executed
prisoner is not handed over to the family and the place of burial is not disclosed to them.
Furthermore, the Committee is deeply concerned at reports that some death row prisoners
are not provided with fundamental legal safeguards and the discrepancy between reports of
the authorities and other, various sources on this matter. Although the Committee notes that
a parliamentary working group continues to consider the possibility of establishing a
moratorium of the death penalty, it regrets the execution of two death row inmates whose
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