. Article 49 of the Electoral Code states that a person who “publicly appeals for boycott of elections, referendum or voting for recall of a deputy or a member of the Council of the Republic shall also be brought to liability.” This provision is too broad and limits the right of free speech and expression. Unlike an election day campaign silence period, which prohibits agitation for a particular candidate, this prohibition silences individuals who are voicing a political opinion on one of the rights granted by Article 66 of the Constitution of Belarus – whether to “take part in elections”. Article 49 also imposes liability on candidates for violations committed by supporters. Liability should not be placed on a candidate based on the conduct of a third party over which the candidate has no control.
