mechanisms documenting the administrative and judicial measures taken to investigate
and prosecute such crimes and on the sentences imposed on perpetrators.
Harassment of lawyers
44.
The Committee regrets that the State party has not implemented its previous
recommendation to undertake effective investigations into the disbarment and harassment of
lawyers representing individuals who complained of torture after being detained in
connection with the events of 19 December 2010 (CAT/C/BLR/CO/5, para. 12). The
Committee is also deeply concerned at new allegations that several lawyers for defendants in
the “mass riots” cases of March 2017 faced a mandatory extraordinary review of their
licences. The Committee is further concerned at the degree of control exercised by the
Ministry of Justice over the bar association. (arts. 2, 12 and 13).
45.
The Committee recommends that the State party strengthen the independence
of the bar association from the Ministry of Justice and ensure its self-government. The
State party should fully investigate the past incidents of disbarment of lawyers
representing individuals who have complained of torture and ill-treatment and
reinstate their licences, as appropriate.
Human rights defenders
46.
The Committee welcomes the commitment expressed by the State party during the
dialogue to remove article 193 of the Criminal Code, which currently criminalizes
participation in unregistered organisations. However, the Committee reiterates its serious
concerns at persistent allegations that human rights defenders and journalists in State party
are subjected to intimidation, harassment, arrest, and torture and ill-treatment (arts. 2, 12, 16).
The Committee is particularly concerned at reports of widespread harassment of human rights
defenders and journalists by public officials before the February and March 2017 protests
and at the arrest and imprisonment of Mikhail Zhamchuzhny and Dzmitry Paliyenka.
47.
The Committee urges the State party to
(a)
Remove expeditiously article 193 of the Criminal Code, which currently
criminalizes participation in unregistered organisations, in line with its commitment
during the dialogue with the Committee. Pending removal of this article, the State
party’s authorities should discourage police from invoking it as grounds for arresting
and prosecuting human rights defenders and journalists;
(b)
Desist from detaining and prosecuting human rights defenders
and journalists on other grounds as a means of intimidation or reprisal. It should ensure
effective, impartial investigations are undertaken into allegations of arbitrary arrest
and prosecution of human rights defenders and journalists, including Mikhail
Zhamchuzhny and Dzmitry Paliyenka.
National human rights institution
48.
The Committee regrets that the State party has not yet created a national human rights
institution in accordance with the Paris Principles, though it is studying the possibility of
doing so (art. 2).
49.
The Committee urges the State party to establish an independent
national human rights institution in accordance with the principles relating to the
status of national institutions for the promotion and protection of human rights (the
Paris Principles).
Definition of torture
50.
The Committee regrets that the Criminal Code of Belarus does not define torture as a
separate offence and notes that other relevant articles of the Criminal Code highlighted by
the delegation of the State party during the dialogue do not include all acts of torture and the
purposes for which it is used as stipulated in article 1 of the Convention, and that they do not
provide for punishment of torture with penalties commensurate with their grave nature (arts.
1, 2, 4 and 5).
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