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c. Right to life, liberty and security
The gravest issue in the area of the protection of the right to life, liberty and bodily
inviolability raised by the UN organs was the death penalty. Both CAT and the Special
Rapporteur on human rights expressed their concern about the continuing use of the capital
punishment, the related procedures and lack of transparency and detailed information on the
actual executions, welcoming the statement made by the Belarusian Constitutional Court
concerning the potential abolishment of the death penalty or introduction of a moratorium.
The Special Rapporteur also commented on the reported disappearances of opposition figures.
Moreover, CAT noted the absence of a definition of torture and inhuman treatment in
domestic legislation and the fact that they were not penalised, as well as numerous allegations
of torture and inhuman treatment, affecting in particular political opponents and
demonstrators. The Committee, as well as the Working Group on arbitrary detention,
highlighted the practice and the conditions of pre-trial detention. CEDAW and UNCT raised
the issue of violence against women and children, and UNCT, CRC and CEDAW noted the
problem of trafficking in human beings and the role of Belarus as a transit country.
d. Justice system and right to trial
Of all the comments concerning the functioning of the justice system, the most
pronounced is that of the Working Group on arbitrary detention. The Group was concerned
about the lack of independence of lawyers, the presumption of innocence and the use of pre-
trial detention. CRC and UNCT mentioned the problem of juvenile’s position in the court
system, reporting the progress made by Belarus in this area.
e. Freedom of conscience and religion, freedom of expression, freedom of
association and assembly, right to participate in public and political life
Concerning political and personal freedoms, the Special Rapporteur on human rights
commented on the restricted freedom of religion in Belarus. This problem is also referred to
in the resolution of the General Assembly. The Special Representative of the Secretary-
General expressed a similar opinion on the freedom of expression, a problem which is also
raised in the abovementioned resolutions of the General Assembly. The Special Rapporteur
on human rights, CEDAW and CERD expressed their concern about the situation of human
rights defenders and NGOs. The Special Representative of the Secretary-General and the
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