progressive provisions which were in conformity with the Covenant. The
requirement for an exit visa had been abolished in the case of diplomats and
official delegations, although it had been maintained for individuals. In the
future, those restrictions should be abolished. The question of prohibition
on the departure of persons i« possession of State secrets was complex, but
the situation had, nevertheless, changed considerably. Even though the Soviet
law on entry and departure was still in force in Belarus, it was no longer
strictly applied and no citizen was actually prevented from leaving Belarus on
those grounds. If an exit visa was denied, an appeal could be made to the
courts. In that respect, practice had overtaken the legislation being
prepared. The new type of passport would indicate only the holder's
citizenship but no longer state his nationality. The authorities intended to
abolish the residence permit (propiska) towards the middle of 1993. Any
person of Russian or other origin living in the Republic had become a
Belarusian citizen when the law on citizenship had been adopted.
541. Regarding permissible interference of privacy, the representative pointed
out that full information on the topic had been provided in the initial report
(CCPE/C/l/Add.27); since then the situation had, in general, changed little.
However, some amendments had been made to the Code of Criminal Procedure in
order better to guarantee the right to privacy. There were criminal penalties
for breaches of the provisions protecting privacy, in particular in articles
124, 135 and 136 of the Penal Code.
542. Regarding freedom of conscience, the representative said that a bill on
freedom of conscience was currently being considered by the competent
authorities. Virtually all the property confiscated from the Church had been
returned to it. The Supreme Soviet had recently issued a decree declaring the
principal Catholic and Orthodox festivals to be public holidays. The right to
seek, receive and impart information was virtually unrestricted in Belarus,
except when matters of national security or professional secrecy were at
stake. Foreign publications were on sale freely in Belarus; Radio Liberty.
which had previously been considered a subversive radio station, had recently
been accredited with the Ministry of Foreign Affairs. Belarusian legislation
stipulated that, if a person was the victim of libel or defamation in the
media, he could take the matter to the courts and demand rectification of the
information as well as the appropriate redress.
543. The representative also said that current legislation made no provision
for the right to refuse to perform military service on religious grounds,
although practice - as in many other spheres - was ahead of current
legislation: those who refused to bear arms were assigned to special units.
The new bill on military service made provision for conscripts to refuse to
perform military service on religious grounds. Articles 118 and 119 of the
Penal Code, relating to immoral behaviour towards minors, were still
applicable. A bill on homosexuality was being examined, and if it was adopted
criminal penalties would be applied only in respect of acts involving violence
against minors or persons in a position of dependence, As to the admission
into hospital of people suffering from AIDS, he emphasized that the
individuals concerned were people who refused to have a medical examination,
although they were suspected of carrying the virus. The Republic did not yet
have its own legislation on the matter, which was the reason it applied the
laws of the former USSR.
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