A/HRC/RES/44/19
and fulfil their obligations in accordance with international human rights law, in particular
the freedoms of expression through any form of media, peaceful assembly and association,
which are of particular importance in the context of the presidential campaign for the election
scheduled to be held in 2020;
4.
Urges the Belarusian authorities to guarantee a free, fair and transparent
presidential election on 9 August 2020, and to take all reasonable measures to facilitate a
peaceful process, in accordance with the State’s international obligations and commitments,
including, inter alia, those under article 25 (b) of the International Covenant on Civil and
Political Rights;
5.
Expresses continued concern at reported poor conditions in prisons and
detention centres, and also at allegations of torture and inhuman or degrading treatment by
law enforcement and prison officers, which have not been properly investigated by the
authorities despite the fact that the State accepted relevant recommendations during the
second cycle of the universal periodic review, and regrets that, though being a State party to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Belarus has not implemented it;
6.
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 the discrimination
particularly affecting speakers of the Belarusian language and individuals belonging to
vulnerable groups and religious minorities;
7.
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;
8.
Notes the concern expressed by the Special Rapporteur with regard to children
sentenced for drug-related offences, and stresses the need for the best interests of the child to
be taken into account, while welcoming the application of the Act on Amnesty signed into
law on 18 May 2020 also to underage citizens, pregnant women, single parents, persons with
disabilities and other persons in vulnerable situations, and welcoming also the extension of
its application to minors sentenced under parts 4 and 5 of article 328 of the Criminal Code;
9.
Also notes that the first national human rights action plan for 2016–2019 was
a useful framework for facilitating intergovernmental cooperation and dialogue with civil
society, contributing to the State’s marginally increased communication with civil society,
welcomes the greater involvement of representatives of civil society in discussions and
working forums related to human rights legislation and legal practice, in line with the
recommendations on cooperation with civil society accepted by the State in the context of
the universal periodic review, and calls upon the Government of Belarus to develop and
implement without delay a new plan on human rights, building on the lessons learned from
the implementation of the first plan and taking into consideration the recommendations made
by the treaty bodies, human rights mechanisms and civil society;
10.
Further 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, and welcomes the establishment in January
2020 of a working group to study the abolition of the death penalty and encourages the State
to take tangible steps;
11.
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
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