Switzerland: UN Experts Welcome Landmark Trial On Enforced Disappearances In Belarus

GENEVA (14 September 2023) – UN experts* today welcomed the decision by a court in Switzerland to put a former member of a Belarusian paramilitary unit on trial for his alleged involvement in the enforced disappearance of three opposition leaders in 1999.

“The upcoming trial is a fundamental step towards justice and reparation for the victims and will help uncover the truth about the fate and whereabouts of Mr Yury Zakharanka, former Minister of Interior of Belarus, Mr Viktar Hanchar, former Prime Minister of Belarus, and Mr Anatol Krasouski, a well-known political opponent,” the experts said, noting that the cases were presented to the Working Group on Enforced or Involuntary Disappearances and are still outstanding in its dockets.

The trial, set for 19-20 September 2023, is noteworthy because it is the first time that an accused is being tried for the crime of enforced disappearance under the principle of universal jurisdiction, the experts said. The principle of universal jurisdiction allows the prosecution of gross human rights violations and international crimes regardless of where they were committed and the nationality of the suspect or the victims.

The State's obligation to prosecute is enshrined in Article 14 of the Declaration on the Protection of All Persons from Enforced Disappearance and in Articles 9, 10 and 11 of the International Convention on the Protection of All Persons from Enforced Disappearances.

“Recent developments in Switzerland confirm that universal jurisdiction is a solid bulwark against impunity,” the experts said.

They warned that in the absence of accountability for past crimes, the risk of recurrence of human rights violations in Belarus remains high.

“The trial sends a strong message that there shall not be no safe haven for perpetrators of gross human rights violations, including enforced disappearances,” the experts said.

They also stressed that the trial in Switzerland demonstrates the importance of codifying enforced disappearance as a separate offence, as this is a prerequisite for adequately addressing the complex and unique nature of the crime.

“The outcome of the proceedings underway can become landmark and a source of inspiration for authorities in other States about how to concretely implement their international obligations and leave no room for impunity for gross human rights violations,” the experts said.

Ms Aua Baldé (Chair-Rapporteur), Ms Gabriella Citroni (Vice-Chair), Ms Angkhana Neelapaijit, Ms Grażyna Baranowska, Ms Ana Lorena Delgadillo Pérez, Working Group on enforced or involuntary disappearances; Ms Anaïs Marin, Special Rapporteur on the situation of human rights in Belarus; Mr Juan Pablo Albán Alencastro (Rapporteur), Mr Mohammed Ayat, Mr Matar Diop (Vice President), Mr Olivier de Frouville (Chair), Ms Suela Janina, Mr Fidelis Kanyongolo, Ms Milica Kolakovic-Bojovic (Vice President), Ms Barbara Lochbihler, Mr Horacio Ravenna (Vice President), and Ms Carmen Rosa Villa Quintana, of the UN Committee on Enforced Disappearances.

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