What awaits Lukashenka after the UN report on the crimes of Minsk
There is an “unacceptable image of impunity” in Belarus and the virtual destruction of civil society space and fundamental freedoms”. violence, violations of the rights to freedom of expression, peaceful assembly and association… Such conclusions were reached by the United Nations High Commissioner for Human Rights, which published a report on the situation of human rights in Belarus before and after the 2020 presidential election. Lawyers explained to DW what implications the report’s findings would have on the regime.
The report by the Office of the High Commissioner for Human Rights (OHCHR) is based on interviews with 207 victims of the actions of the security forces and witnesses, in an analysis of more than 2500 pieces of evidence. The document urges UN member states to consider bringing perpetrators to justice through national mechanisms. And provide additional protection measures for victims, witnesses and others who have left the country.
The report will help to bring a case against the perpetrators abroad
International lawyer Viktoria Fedorova notes that, for the first time on an international level, what happened in Belarus is qualified not only as a violation of human rights, but as an international crime against humanity.
Fedorova draws attention to the fact that the wording of the report is rather bland: “some violations can be equated with crimes against humanity”. The final decision can only be taken by a court – national or international, explains the lawyer. She considers it important to note that the regime actually ignored OHCHR’s previous remarks: the authorities refused to receive UN representatives in Belarus.
“By itself, this report will not imply the creation of an international tribunal for Belarus. Such tribunals were previously created by the UN Security Council, whose permanent members are friends of official Minsk – Russia and China. With veto rights , they will simply block such a decision, “says the expert. “However, the report can be used as an official document to initiate criminal proceedings in other countries based on the principle of universal jurisdiction.”
Torture is such a serious crime that the world cannot simply turn a blind eye, believes Victoria Fedorova. For example, in Lithuania, work is already underway in this direction: more than 40 Belarusians have already been recognized as victims, Lithuanian investigators are working with them. They also interview witnesses, for example, former security officials, judges, who can tell how the law enforcement and judiciary systems work in Belarus. However, this process is not fast. How long the preliminary investigation will last, no one can say precisely. So far, Belarusian judges and security officials have not been placed on the international wanted list.
Will an international court be created?
International lawyer Ekaterina Deikalo points out that the UN report is of strategic importance. “Now, this is not just a statement by Belarusian victims or human rights activists, this is the conclusion of the UN’s most competent human rights body,” she notes. “The report gives impetus to work on specific elements of the crime. This will be important for the future court.”
Deikalo agrees with Viktoria Fedorova that in the case of Belarus one can hardly expect the creation of an international court, but she gives another reason. “Despite all the grief of the Belarusian people, the scale of what happened is not based on a separate court. For comparison, one has to look at what happened in Yugoslavia and Rwanda, according to which this court was created,” said the expert. it says. “In our case, we can count on the creation of a hybrid court, where international judges will work together with Belarusian judges, and this will give a good boost to the development of the national court system.”
But such actions are possible only after the change of power, which will be ready for such a judgment.
At the same time, the Office of the High Commissioner compiled a dossier on Belarusian officials responsible for serious violations of human rights, whose actions can qualify as a crime under international law. Thus, the OHCHR recorded at least five cases of unlawful deprivation of life during the protests.
Separately, one should consider the actions of the Belarusian regime to support the war in Ukraine. In this matter, it is possible to create an international court, where Belarus will go together with Russia, since its territory and infrastructure are used for attacks.
How will the UN report affect sanctions?
The Belarusian authorities, appealing to the UN, seek to lift the ban on the supply of potash to the world market – the restrictions imposed by the West, says the Ministry of Foreign Affairs of Belarus, undermine food security in the world. In May 2022, the UN Secretary-General proposed easing potash sanctions imposed on Russia and Belarus in exchange for safe grain shipments from Ukraine. Will his position change after the report by the High Commissioner for Human Rights?
“I don’t think the report here will affect sanctions,” said Victoria Fedorova. She recalled that the UN Committee on Economic, Social and Cultural Rights recommended that Lithuania, which had banned the transit of Belarusian potassium fertilizers through its territory, resume transport. “States do not always comply with these recommendations”, observes the lawyer. “According to our estimates, Belarus has fulfilled only 3 of the 67 recommendations of the UN Committee against Torture. In terms of sanctions, political justifications are more important than legal ones.”
Source: DW
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