A/67/44
Human rights defenders
(25) The Committee is deeply concerned by numerous and consistent allegations of
serious acts of intimidation, reprisals and threats against human rights defenders and
journalists, and the lack of information provided on any investigations into such allegations.
The Committee notes with concern several reports on refusal to register independent nongovernmental organizations, threats and acts of criminal prosecution, arrests, raids on
offices and acts of intimidation, as indicated in the oral report by the United Nations High
Commissioner for Human Rights presented to the Human Rights Council in September
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
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