A/HRC/48/28
were insulted and threatened, and on 3 February 2021, they were both arrested. Their lawyers
signed a non-disclosure agreement, preventing them from publicly discussing details of the
case. On 11 February, Mr. Drozdovskiy was charged on suspicion of having committed
“fraud” (Article 209 of the Criminal Code), placed under house arrest, and restricted to only
communicate with his lawyer (BLR 4/2021).
5.
Mandate holders expressed concerns, including publicly on 19 March 2021,5 that the
investigations of the work of the NGO, the charges against its director and lawyer, and the
alleged ill-treatment could be a reprisal for their cooperation with the UN. The mandate
holders raised concerns over the increasing number of cases where human rights defenders
were bound by non-disclosure agreements which, when used inappropriately, can criminalise
the sharing of information and observations on human rights (BLR 4/2021).
6.
It was reported to OHCHR that Mr. Drozdouskiy continues to be under house arrest,
which on 3 April 2021 was extended until 3 August 2021. As of May 2021, he reportedly
suffers serious health conditions. The lawyer of the organization is currently held in remand
prison-1 at Volodarskiy 2 (Minsk), and his detention was extended until 3 August 2021(BLR
4/2021). Further, there are credible concerns that the above-mentioned non-disclosure
agreements have both prevented and inhibited civil society actors from sharing information
and testimony with the UN.
7.
On 13 August 2021, the Government responded to the note verbale sent in connection
to the present report noting that the allegations were unsubstantiated statements used to
justify political pressure on Belarus under the pretext of human rights concerns. The
Government stated that the Public Association Human Rights Centre Viasna is a liquidated
legal entity since a Supreme Court decision in 2003 and their activity is prohibited. The
Government noted that some individuals associated with Viasna were investigated by the
Investigative Committee of Belarus in February 2021 in a case under article 342 of the
Criminal Code for allegedly violating public order. As such, searches were carried out at the
places of stay of some of these individuals and they were found to have been involved in
criminal activity under article 342, as well as under article 243 (tax evasion).
2.
Burundi
8.
In its September 2020 report to the Human Rights Council, the Commission of Inquiry
on Burundi, which had visited Uganda, Rwanda and Tanzania and also conducted an
increased number of interviews remotely, stated that it “deplored that individuals who
cooperated with it had to face acts of intimidation and reprisals” (A/HRC/45/32, para. 6). In
its final report, the Commission condemned the climate of intimidation, threats, fear of
reprisals maintained by the Government against any person, based in Burundi or in
neighbouring countries, who wish to cooperate with the Commission or any other
international human rights mechanism (A/HRC/45/CRP.1, para. 14). In its oral updates to
the Council during the reporting period, the Commission conveyed its gratitude to the persons
who provided it with information despite the risks involved.6
9.
In September 2020, the Working Group on Enforced or Involuntary Disappearances
noted “a widespread fear of reprisals preventing the formal reporting and registration of
enforced disappearances” (A/HRC/45/13, para. 56). In October 2020, in its resolution 45/19
on the situation of human rights in Burundi, the Human Rights Council called upon the
Government of Burundi to refrain from all acts of intimidation or reprisal against human
rights defenders, including those who are cooperating with international human rights
mechanisms and the Human Rights Council (A/HRC/RES/45/19, para. 18).
5
6
22
Ibid.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26087&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26283&LangID=E;
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26879&LangID=E.