549. At the same time, the members of the Committee stressed that Belarus was
at a turning-point, and pointed out that the dialogue had revealed
shortcomings in current legislation, attributable to the fact that it was
still essentially based on the legislation of the former USSR; that the legal
system as a whole was under review; and that it was encouraging to hear the
delegation state that the experience of democratic countries, particularly in
the field of human rights, would be studied and made use of in order to
reinforce legal safeguards for civil and political rights, They were
gratified by the intentions expressed which held out hope of progress in such
important fields as the reform of the Penal Code and the Code of Criminal
Procedure, the status of judges, the organization of the judiciary and the
reform of police organization.
550. The members of the Committee also said that it was to be hoped that the
new legislation, and especially the new Constitution currently being prepared,
would take into account not only the provisions of the Covenant and of the
other international human rights instruments, but also the relevant
observations made by the Committee. In particular, the members of the
Committee failed to see why the former Republics of the USSR, including
Belarus, still showed a disconcerting reluctance to bring legislation
concerning freedom of movement into line with the Covenant. In particular,
they failed to understand why they continued to deny individuals the right to
leave the country on the grounds that they were in possession of State
secrets, despite the fact that the criterion laid down by article 12,
paragraph 3, of the Covenant was perfectly clear. The same was true of the
exit visa and the system of residence permit (propiska). They were also
deeply concerned about the number of offences that carried the death penalty,
and hoped that the number would be reduced to four, as the delegation had
announced.
551. The representative of the State party thanked the members of the
Committee for the understanding they had shown of the situation in Belarus and
assured the Committee that he would do his utmost to ensure that the new laws
would meet with its satisfaction. In any case, he would transmit all the
constructive remarks that had been made to the Government.
552. The Chairman of the Committee thanked the delegation of Belarus for the
frankness with which it had explained and updated a report that already
contained a wealth of information; the task Had been all the easier as there
had been numerous upheavals in the period that had elapsed since the report
had been submitted. The extremely constructive dialogue with the Committee
had shed light both on positive aspects and on grounds for concern, which, it
was to be hoped, would be taken into account in the legislative and
constitutional review. The retention of the classification of persons
belonging to any religion, in particular the Jewish faith, as a distinct
nationality was considered to be without justification.
Comments of the Committee
553. As indicated in paragraph 45 above, the Committee, at its 1123rd meeting,
held on 24 March 1992, decided that henceforth, at the conclusion of the
consideration of a State party's report, it would adopt comments reflecting
the views of the Committee as a whole.
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