Council Decision 2012/642/CFSP
of 15 October 2012
concerning restrictive measures against Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1) The Council first adopted restrictive measures against Belarus under Common Position 2004/661/CFSP(1). It has continued to express its grave concern about the continued lack of respect for human rights, democracy and rule of law in Belarus, and that political prisoners have not been released or rehabilitated, and has therefore renewed and extended its measures.
(2) On 25 October 2010, the Council adopted Decision 2010/639/CFSP concerning restrictive measures against Belarus(2).
(3) Specific concerns have led to the imposition of restrictive measures against persons who are considered by the Pourgourides Report to be key actors in the unresolved disappearances of four well-known persons in Belarus in 1999-2000, and the following cover-up, or who failed to start an independent investigation or prosecution regarding the disappearances.
(4) Measures have also been imposed against those responsible for the fraudulent elections and referendum in Belarus on 17 October 2004, for the violations of international electoral standards in the presidential elections in Belarus on 19 March 2006 and on 19 December 2010, as well as those who are responsible for severe human rights violations and the repression of peaceful demonstrators in the aftermath of those elections and that referendum.
(5) Particular responsibility is borne by the officials directly involved or responsible for the fraudulent nature of the presidential elections and referendum; those responsible for organising and implementing the dissemination of falsified information through the state-controlled media; those responsible for excessive and unprovoked use of force against unarmed and peaceful protesters; those responsible for implementing the ongoing and politically motivated administrative and criminal sanctions against large groups of representatives of the civil society, democratic opposition, NGOs and free media in Belarus, and those responsible for systematic and coordinated violation of international human rights standards and the laws of the Republic of Belarus in the administration of justice and exercising methods of coercion and intimidation against legal representatives of detainees and against other individuals.
(6) Furthermore, given the gravity of the situation, measures should also be imposed on persons in a leading position in Belarus, and on persons and entities benefiting from or supporting the Lukashenka regime, in particular persons and entities providing financial or material support to the regime.
(7) In order to ensure the effectiveness of these measures, they should also apply to entities owned or controlled by natural or legal persons, entities or bodies responsible for serious violations of human rights or the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Belarus, and to entities owned or controlled by persons and entities benefiting from or supporting the Lukashenka regime.
(8) Noting that the most recent elections of 23 September 2012 have also been found to be inconsistent with international standards, in particular in preliminary findings of the OSCE/ODIHR election observation mission to Belarus, and that the situation as regards democracy, human rights and rule of law had not improved, the Council maintains its grave concerns regarding the situation in Belarus.
(9) On the basis of a review of Decision 2010/639/CFSP, the restrictive measures should be extended until 31 October 2013.
(10) For the sake of clarity, the measures imposed by Decision 2010/639/CFSP should be integrated into a single legal instrument,
HAS ADOPTED THIS DECISION: