Interactive dialogue on the High Commissioner's report on Belarus

Distinguished President,
Excellencies,

As requested, the Council has received our report, A/HRC/49/71, on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath. With the support and advice of three experts, to whom I have been grateful, the Office has found considerable evidence of human rights violations committed between 1 May 2020 and 31 December 2021. We have also organized and preserved a large quantity of related material, with a view to facilitating future accountability.

Mr President,

Large-scale protests took place following the incumbent president’s declaration of victory in the election of 9 August 2020. The Government responded with a massive crackdown, including widespread excessive use of force.

Between 9 and 14 August, at least seven State security forces, including the presidential security service, were involved in responding to peaceful protests in all six administrative regions of Belarus. Protestors were beaten until they lost consciousness. Crowd control agents such as stun grenades and rubber-coated steel bullets were fired directly at demonstrators, causing many severe injuries. Men in black uniforms without insignia, wearing balaclavas, also participated in violent attacks against protestors.

Credible sources indicate that at least three people died in the context of these protests, including as a result of unnecessary or disproportionate use of force. The authorities have denied responsibility for these deaths, although no investigation appears to have taken place.

Over those five days, some 13,500 people were arrested, including 700 children.  Many of those detained suffered prolonged and repeated beatings with batons during transport and at police stations and detention facilities.  Identical forms of torture and ill-treatment were replicated in numerous locations, suggesting widespread, systematic practices of torture and ill-treatment seeking to punish and deter individuals for their real or perceived opposition to the Government.

Our findings include the rape of detainees, and other forms of sexual and gender-based violence against both men and women. Medical records reviewed by OHCHR indicate lesions and other injuries to male genitalia consistent with forceful twisting and rape. Psychological violence, including threats of rape, was also employed against detainees. 

Between 9 and 14 August, numerous closed and summary administrative trials were held in detention facilities without basic procedural guarantees. According to many defendants, these trials often lasted a few minutes. With few exceptions, the judges ignored defendants, despite visible injuries, when they raised objection that they had been tortured or ill-treated.

By the end of 2021, 969 people were in prison on charges that the Office has reasonable grounds to believe were politically motivated. Several received prison terms of 10 years or more. This figure has continued to grow, reaching 1085 by 6 March.

 The Investigative Committee of Belarus, a national body that is nominally independent from the Ministry of Internal Affairs, exercises authority in pre-trial criminal proceedings. Our examination spoke to several people who submitted complaints of torture or ill-treatment to this Committee following their release. All were subsequently notified that their complaints had been dismissed, and several stated that they were later subjected to reprisals, including, in some cases, criminal and administrative charges. Many victims were discouraged from filing complaints, or feared doing so. 

In August 2021, the Investigative Committee announced that it had received around 5,000 complaints relating to alleged ill-treatment in second half of 2020, and that all of them had been rejected.

Few meaningful avenues for justice remain for these thousands of victims, given the lack of independence of the judiciary; denial of fair trial rights; and intimidation of lawyers.

Mr President,

Our examination found that the Government pursued and persecuted people exercising their rights to freedom of expression, peaceful assembly, association and participation in public affairs throughout the reporting period, and continues to do so.

Administrative detentions of up to 15 days are handed down for expressions such as social media posts.

Protests that took place during the Constitutional Referendum on 27 February 2022 were dispersed, and at least 908 people were reportedly detained.

The authorities have also massively cracked down on independent media and civil society, raiding and shutting down media outlets; liquidating independent civil society groups including the major human rights organizations; and bringing criminal charges against journalists and human rights defenders.

In January, the number of organizations that were shut down reached 344, and a recent amendment to the Criminal Code has criminalised participation in activities of unregistered or closed organizations. 1085 people are currently in prison on politically motivated charges – including human rights defenders, journalists, opposition members and ordinary citizens expressing dissent.

Mr President,

Our examination finds that the Government has sought to suppress all forms of criticism, and has actively tried to prevent justice, accountability and truth about the violations committed.

Given the absence of effective investigations, there is no reasonable expectation for national systems to deliver justice.

The scale and patterns of the violations identified in this report; their widespread and systematic nature; and evidence of official policy in respect of their collective execution by multiple State organs, warrant further assessment, including from the perspective of applicable international criminal law.

In addition to the recommendations made in my report of March 2021, I urge the Government of Belarus immediately release all prisoners sentenced on politically motivated grounds, and cease all other ongoing human rights violations, including the systematic repression of civil society, independent media, and opposition groups.

In addition, I urge prompt, effective, transparent, and independent investigations into all past human rights violations or crimes under national or international law, with provision of appropriate remedies. Given the current circumstances in Belarus, other  Member States can also work in complementary fashion towards accountability through national proceedings, based on accepted principles of both extraterritorial and universal jurisdiction, consistent with international standards.

Only inclusive dialogue can pave the way towards a sustainable future for all Belarusians. I ask all States to encourage the Belarusian authorities to adopt and implement the recommendations directed to them, as necessary steps towards this end.