A/HRC/RES/38/14
3.
Deplores the lack of response by the Government of Belarus to cases of
arbitrary arrest and detention of political and social activists, the unwillingness of
prosecutors to investigate cases of torture and cruel, inhuman and degrading treatment, the
impunity of perpetrators of crimes involving human rights violations and abuses, the
pressure on defence lawyers and the lack of effective legal remedies, and also deplores
discrimination particularly affecting individuals belonging to vulnerable groups and
religious minorities;
4.
Reiterates its call upon the Government of Belarus to carry out a
comprehensive review of relevant legislation, policies, strategies and practices to ensure
that the provisions are clearly defined, consistent with its international human rights
obligations and commitments, and are not used to impede or unduly restrict the exercise of
any human right, and to invest in capacity-building and appropriate training of the judiciary
and law enforcement agencies;
5.
Welcomes the adoption by the Government of Belarus on 24 October 2016 of
an inter-agency plan on human rights for the period 2016–2019 for the implementation of
the recommendations accepted by the Government during the second cycle of the universal
periodic review of Belarus and the recommendations by some treaty bodies, encourages the
Government to review and amend the plan by including recommendations by human rights
mechanisms and by taking into account suggestions made by civil society organizations,
also welcomes the submission of the fifth report by the Government on the implementation
of the International Covenant on Civil and Political Rights, in March 2017, and further
welcomes the registration of the Tell the Truth movement as a non-governmental
organization in May 2017 and the MAKEOUT lesbian, gay, bisexual and transgender
project in March 2018, and the steps taken towards a public debate on the application of
capital punishment;
6.
Notes the continued attention paid by the Special Rapporteur to the issue of
the death penalty in Belarus, and in particular expresses deep concern at its use without
guarantee of due process and at the limited amount of relevant information with regard to
its use, and, taking into account that transparency is a requirement of fair and effective
criminal justice, requests the Special Rapporteur to continue to monitor developments and
to make recommendations;
7.
Urges the Government of Belarus to take all measures necessary to ensure
the full independence and impartiality of the judiciary, to guarantee the right to a fair trial
and the right to an effective review of sentences and convictions by a higher tribunal, and to
provide for the right of all defendants to freely choose legal representation throughout all
proceedings;
8.
Recalls that it welcomed the release of political prisoners in August 2015,
and called for the full reinstatement of the civil and political rights of former political
prisoners; however, those civil and political rights have not been reinstated, and political
activists continue to be ill-treated and to face questionable and politically motivated
charges, while there has been no progress on four outstanding cases of enforced
disappearance of political opponents dating back to 1999 and 2000;
9.
Strongly encourages Belarus to implement without delay the comprehensive
reform of the electoral legal framework and to address long-standing systemic
shortcomings pertaining to the electoral legal framework and practices, which were
apparent again during the local elections in February 2018, following the recommendations
made by the Office for Democratic Institutions and Human Rights of the Organization for
Security and Cooperation in Europe, the European Commission for Democracy through
Law (the Venice Commission) and the Special Rapporteur;
10.
Again strongly encourages the Government of Belarus to establish a 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), and to
continue to engage actively in the implementation of the 2030 Agenda for Sustainable
Development;
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