Belarus ACTIONS - Defending Human Rights in Belarus - Viasna 96: Review-Chronicle of Human Rights Violations in Belarus in June 2009

The Belarusian authorities brought a criminal case under Article 193-1 against the 25-year old citizen of Minsk Yauhen Volkau for activities on behalf of the Movement of Unity (Mun’s Church). Human rights defenders are concerned with the fact that the authorities have again started using this article.

The International foundation for the protection of human rights defenders Front Line joined the campaign ‘NO to Article 193.1!’, launched by the Assembly of Pro-democratic NGOs. In its call to join the campaign the Assembly states that in 2005-2009 17 members of unregistered organizations were fined or imprisoned under this article. Front Line is convinced of the necessity to abolish this article that contradicts to provisions of the International Declaration of Human Rights and the International Covenant on Civil and Political Rights, ratified by Belarus.

The Swedish initiative Östgruppen that supports the development of democracy and human rights in the Eastern Europe and Central Asia condemned the refusal of the Belarusian authorities to register the civil human rights association Nasha Viasna. The Swedish human rights defenders demand from the government of their country and the EU a more energetic reaction to the registration denial. As stated by the head of Östgruppen Martin Uggla, ‘the decision of the Belarusian authorities is political. It proves that the Belarusian authorities are not going to make any democratic reforms’.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), made an official statement concerning the registration denial to the civil human rights association Nasha Viasna. The Observatory calls on the Belarusian authorities to stop harassment of the human rights organization and not to interfere with the activities of its founders in Belarus.

The PACE resolution of 23 June also includes a separate paragraph dedicated to registration of Nasha Viasna. In its recommendation to the Belarusian authorities PACE states that ‘dialogue can only be sustained through continuous efforts by the Belarusian leadership to make progress towards the attainment of Council of Europe standards’ and calls to ‘allow the registration of the human rights organization Nasha Viasna’. The human rights activists A.Bialiatski, U.Labkovich and V.Stefanovich made an open statement that they have acted and will continue acting on behalf of the unregistered Human Rights Center Viasna.

On 22 June the Commissioner for External Relations and European Neighborhood Policy Benita Ferrero-Waldner paid an official visit to Minsk. After the official negotiations the Commissioner made an open address to the Belarusian society. She stated that the EU and the European Commission expected from Belarus the implementation of the main conditions: cooperation with the Bureau on Democratic Institutions and Human Rights (BDIHR) for reform of the electoral legislation of Belarus; abidance by the principles of freedom of mass media, assemblies and registration of NGOs and release of all political prisoners.

On 23 June the Parliamentary Assembly of the Council of Europe put the death penalty moratorium as the obligatory condition for returning to Belarus its guest status at the PACE. In response the Belarusian media published the information that the court system of the country was ready to introduce the moratorium. On 25 June the chairman of the Supreme Court of Belarus Valiantsin Sukala stated it to the journalists: ‘If such exceptional penalty is marked as temporary in the Constitution of Belarus, this norm inevitably entails its abolition’. As said by him, during the recent years the death penalty has been used in Belarus on rare occasions, ‘that’s why there are no obstacles from the point of view of the court system’.

However, against the background of such laudable statements, on 29 June Brest oblast court sentenced to death a 30-year-old serial killer.

1. Detentions, arrests and fines to civil and political activists

On 8 June the judge of Vaukavysk district court Sviatlana Lantsevich fined participants of the action in support of the political prisoner Mikalai Autukhovich that was held on 16 May. The head of Hrodna oblast UCP organization Yury Istomin was fined 700 000 rubles (about $252) under Article 23.34, part 3 of the Administrative Code. The members of the UCP Zmitser Bandarchuk, Andrei Ihnatsiuk, Aleh Kalinkou, Mikhas Ladushka and Alexandra Vasilevich and the head of Civil Forum Pavel Drachou were fined 70 000 rubles (about $252) under Article 23.34, part 1. The trial of Vital Huliak was postponed because of his absence.

On 10 June the administrative commission of Asipovichy district executive committee fined the participant of the ‘Process of 14’ Artsiom Dubski 875 000 Belarusian rubles (about $315). Artsiom was detained on 10 May. He was accused of drawing graffiti ‘Freedom to Autukhovich!’ on the walls of an administrative building.

On 10 June Leninski district court of Minsk fined the activists of the European Belarus Aleh Ladutska and Maxim Viniarski 1 050 000 rubles (about $358) each and Palina Dziakava – 700 000 rubles (about $252) for holding an action of solidarity with Mikalai Autukhovich near the presidential administration. Under-aged Katsiaryna Liudvik was released.

On 22 June the judge of Pershamaiski district court of Vitsebsk Valiantsina Kismiaroshkina fined the youth activists Kastus Ivanou and Aliaksei Pilevich 700 000 rubles (about $252) each. The activists were detained on 26 April, on the eve of the commemorative action dedicated to the 23rd anniversary of Chernobyl accident. In their reports the police accused A.Pilevich of haven’t shown his passport and K.Ivanou – of physical resistance during the detention. The judge found the defendants guilty despite the fact that the violations weren’t seen in the police video of the action. The judge just ‘trusted’ the police witnesses.

2. Right to association

On 4 June the Supreme Court of Belarus did not grant the lawsuit of the founders of the Assembly of Pro-democratic NGOs against the Ministry of Justice concerning the registration denial. The same day a press-conference with participation of the head of the working group of the Assembly of Pro-democratic NGOs Siarhei Matskevich, representatives of the HRC Viasna Ales Bialiatski and Valiantsin Stefanovich and the political scientist Yury Chavusau took place.

On 4 June the founders of the civil human rights association Berastseiskaya Viasna learned that Brest oblast executive committee refused to register the organization for the third time. The main reason was that the owner of the apartment that was provided for legal address of the organization revoked his guarantee letter. In fact, he received a telephone call from Brest oblast executive committee and was ‘advised’ to do it. The human rights defender Uladzimir Vialichkin stated that in such a way the authorities deprive citizens of the constitutional right to association. On 22 June the founders of the organization appealed against the registration denial at Brest oblast court.

On 10 June the administration of the Belarusian Christian Democracy Party filed with the Supreme Court a lawsuit against the actions of the Ministry of Justice during the state registration of the BCD. Christian democrats demand from the authorities to register the party. They believe that the reasons for non-registration are unlawful, groundless and do not correspond to the actual circumstances in which the party was established. The Ministry of Justice refused to register the party on 12 May, after studying the documents that were submitted for registration. According to the ministry, some of the documents contained incorrect information.

On 15 June the Ministry of Justice for the fourth time refused to register the Party of Freedom and Progress because ‘the minutes of the constituent assembly contain contradictory information’ (in particular, the Ministry of Justice allegedly found violations in the order of nomination of candidates) and ‘the list of founders contains incorrect information’. On 27 June the political council of the party decided to appeal against the non-registration at the Supreme Court. The Party of Freedom and Progress has been trying to get registered since 2003. Its leader Uladzimir Navasiad is indignant at the reprisals of the Ministry of Justice against the founders: in some cases the officers of the Ministry of Justice submitted copies of the registration documents to district executive committees and the KGB that pressurized the founders.

On 16 June the founders of the civil human rights association Nasha Viasna Ales Bialiatski, Uladzimir Labkovich and Valiantsin Stefanovich addressed the Supreme Court of Belarus with the lawsuit against the registration denial issued by the Ministry of Justice. The human rights defenders state that the reasons for non-registration of Nasha Viasna are unlawful, discriminative and violate the rights and legal interests of founders of the civil association.

On 25 June the main justice department of Hrodna oblast executive committee denied the state registration to the educational association Spadchyna from Biarozauka. The official reason is that the registration documents allegedly don’t meet the legal requirements. The head of the organization Siarhei Trafimchyk believes that the registration denial witnesses the reluctance of the authorities to see another legal democratic organization. Members of Spadchyna do not rule out the possibility of going to the law against the registration denial.

3. Politically motivated criminal cases

On 11 June the leader of Young Democrats Mikhail Pashkevich, who had been sentenced to two years of personal restraint within the frames of the ‘Process of 14’, was familiarized with the ruling of the prosecutor of Biaroza district, according to which he was amnestied. All in all, he spent almost ten months in the conditions of home arrest before being amnestied. He became the first participant of the ‘Process of 14’ who was granted parole.

On 15 June it became known that Tsentralny district court of Minsk considered the proposals of the police about mitigation of the penalty to the participants of the ‘Process of 14’ Ales Charnyshou and Ales Straltsou. The court replaced personal restraint with corrective labor (according to the law the term of the corrective labor in this case is twice longer than the term of personal restraint). Besides, as a result the activists will have to pay 15% of their wages to the state.

On 15 June Maskouski district court of Minsk found the participant of the ‘Process of 14’ Maxim Dashuk guilty of violating the regime of his penalty (Article 415 of the Criminal Code, envisages 6-18 months of imprisonment). Representative of the prosecutor’s office asked the court to use Article 70 of the Criminal Code, according to which one could be given an easier punishment because of mitigating circumstances: the death of Maxim’s father and his being under age. As a result judge Kuzniatsova sentenced the defendant to 15 months of personal restraint without direction to open penitentiary institution.

4. Freedom of conscience

On 17 June the administrative commission of Horki district executive committee punished the initiator of collection of signatures against construction of a nuclear power station, believer of the unregistered Protestant community Freedom In God Piatro Malanachkin 175 000 rubles (about $63). He was found guilty of violating the law by installing a stand for religious literature near his house. P.Malanachkin is going to appeal against the verdict. He also stated that he would not demolish the stand, which the commission ordered him to do in oral form. Mr. Malanachkin is convinced that his punishment is connected to the activities of the anti-nuclear group in Horki.

On 18 June the senior investigator of the most important cases of Minsk prosecutor’s office Siarhei Hrakhouski brought a criminal case under Article 193.1 against the 25-year-old citizen of Minsk Yauhen Volkau for activities on behalf of the unregistered organization Movement of Unity (also known as Mun’s Church). On 29 June, the investigator refused to admit Volkau’s lawyer to interrogation of the suspect, by which he rudely violated Article 62 of the Constitution that guarantees all citizens the right to legal defense.

5. Harassment of human rights defenders

On 10 June Vitsebsk oblast court started the trial of the human rights defender Leanid Svetsik. Mr. Svetsik is accused of involvement in sending threat letters on behalf of the Russian National Unity (Russian neo-Nazi organization) in 2006-2007. The lawyer of the HRC Viasna Valiantsin Stefanovich is of the opinion that the criminal case against L.Svetsik and the trial are aimed at discrediting the human rights movement. Vitsebsk oppositionist Barys Khamaida, who has also received threat letters from RNU and is a victim in the case, stated impeachment to Judge Halina Urbanovich. He said that he believed neither that the judges that were appointed by Alexander Lukashenka could try cases fairly nor that Svetsik was guilty.

Article 130, part 1 of the Criminal Code, under which Leanid Svetsik is accused, envisages up to 5 years of imprisonment as punishment.

6. Politically motivated expulsions from educational establishments and dismissals from work

On 23 June Hrodnaselbudprayekt did not extend the labor contract to the representative of the Belarusian Helsinki Committee in Hrodna oblast Raman Yurhel. The activist was explained that the new contract was not concluded with him because of his bronchial asthma, because of which he could not implement his working duties. He was also told that he had two administrative punishments for organization of unauthorized pickets. Mr. Yurhel considers that the administrative punishments are the real reason of his dismissal.

7. Right to peaceful assembly

Minsk city executive committee did not authorize the pro-life actions dated to the Universal Child Protection Day, 1 June. According to the answer of the officials, received by the co-chairman of the Belarusian Christian Democracy Party Aliaksei Shein, on 2 June the Druzhby Narodau Park, where the BCD activists intended to hold a picket against abortions, would be cleansed. The BHD secretary Dzianis Sadouski was also informed that actions near maternity hospitals could violate the public order. These pickets were planned within the frames of the campaign Strong Family – Strong Belarus, launched by the BHD in January 2009.

On 25 June the judge of Tsentralny district court of Homel Maryna Damnenka fined the participants of an action in the memory of Yury Zakharanka Piatro Kuzniatsou, Anatol Paplauny, Vasil Papou and Yury Zakharanka. The regional coordinator of For Freedom movement Uladzimir Katsora was sentenced to three days of jail. All activists were accused of violation of the law on mass actions. Uladzimir Katsora was arrested after the trial and went on hunger-strike of protest.

8. Freedom of expression and the right to disseminate information

On 3 June the administrative commission of Chyhunachny district executive committee of Vitsebsk fined 105 000 rubles (about $38) the distributor of independent press Barys Khamaida who was detained on 7 May for ‘spoiling the appearance of the central part of the city’.

On 26 June Astravets district court fined 700 000 rubles (about $252) the initiator of the campaign Astravets nuclear power station is a crime Ivan Kruk. He was accused of distribution of printed editions without imprint for giving to a neighbor-pensioner some newspapers with information about the consequences of construction of the nuclear power station in Belarus (Astravetski Vesnik, Mirny Atam, Novy Chas, Glotok Vozdukha and Vileishchyna). During the trial Mr. Kruk tried to prove that he had given the newspapers for reading and hadn’t distributed them. However, the court ignored this explanation. As stated by the activist, the police actions violate Article 33 of the Constitution of the Republic of Belarus that guarantees the freedom of opinion and expression, and Article 34 about the right of citizens to receive complete and timely information.

On 23 June the police detained the deputy head of the Union of Poles in Belarus in disgrace Mechyslau Yaskevich, the UPB press-secretary Ihar Bantsar, the journalist of the RzeczPospolita newspaper Andrzei Pisalnik and the journalist of Gazeta Wyborcza Andrei Pachobut on the highway Hrodna-Minsk. They were kept at Shchuchyn district police department for three hours and then were let go. The police confiscated from the detainees the newspaper Glos znad Niemna na uchodzstwie and the magazine Magazyn Polski that are issued by the UPB. The policemen said they detained the UPB activists because of the information that they were allegedly trafficking anti-state editions. At present the confiscated editions are examined by the ideological department of Shchuchyn district executive committee.

9. Activities of secret services and harassment of civil and political activists

On 12 June the press-service of the Young Front distributed information about bringing a criminal case on kidnapping of Dzianis Karnou and Nasta Palazhanka on the eve of the 25 March action. The activists were seized by unknown people who drove them out of the city, beat and robbed Dzianis Karnou. At first the victims applied to the police, but received a negative reply. Then representatives of the civil society addressed the prosecutor general and a number of state institutions and foreign embassies with the demand to investigate the crime. The address was singed by several tens of well-known politicians and artists.

On 16 June in Homel the computer and literature belonging to the Young Front activist Andrei Tsianiuta were confiscated as a result of unsanctioned search in his apartment. Bear in mind that A.Tsianiuta was fined for an action on the Day of Native Language, but could not pay the fine due to financial problems. The court marshals came to his house to attach some property, but he refused to open the door, after which they called the police. An investigator searched the apartment without prosecutor’s warrant.

10. Incarceration conditions in prisons

On 2 June the investigation of the criminal case against Mikalai Autukhovich, Yurly Liavonau and Uladzimir Asipenka was extended for another month. On 9 June the lawyer Pavel Sapelka filed with the prosecutor’s office a complaint against the actions of the investigation in the case of his client Mikalai Autukhovich. The lawyer has no right to tell any details of his complaint as he gave a written undertaking for nondisclosure of details of the case. On 29 June the co-chairmen of the organizing committee of the organization of Afghan War Veterans Defenders of Fatherland Alexander Kamarouski and Aleh Volchak again demanded from the prosecutor general Ryhor Vasilevich to change the restraint to Vaukavysk entrepreneurs. ‘If Autukhovich dies, the prosecutor’s office will have to answer for it, because it is the body that controls implementation of the law’, says Aleh Volchak. The human rights defender also insists on establishment of an independent international commission for expertise of the criminal case against Vaukavysk entrepreneurs. During the five months the investigation concerning the official accusation of arsons was not conducted. Instead, there was unofficial investigation concerning a grenade launcher. Mikalai Autukhovich has been on hunger-strike for more than 80 days and has serious health problems.

On 26 June the prisoner of Mahiliou colony, US citizen Emmanuel Zeltser stopped the hunger-strike he had declared on 8 June to protest against the actions of Minsk city court that did not present to the colony administration the documents that were necessary for considering the question of amnestying him.

Emmanuel Zeltser was arrested on landing at Minsk airport in March 2008, and in August he was sentenced to three years in prison on charges of industrial espionage and using forged documents. His secretary Vladilena Funk (Bruskova) was sentenced to one year of imprisonment and was released in March 2009.

11. Death penalty

Brest oblast court sentenced 30-year-old man to death for a series of murders. His 28-year-old accomplice was given life sentence.

On 24 June Viktar Huminski, head of the national security commission of the Chamber of Representatives, stated that death penalty could be abolished in Belarus, but not because of the PACE demands, but because Belarusian have changed since the times of referendum 1996. ‘A special group has been established at the Chamber of Representatives. It studies the question of abolishment of death penalty and works out the appropriate proposals. The PACE knows about it,’ said Mr. Huminski. Bear in mind that on 23 June the PACE voted for returning of the guest status to Belarus, but only if the Belarusian authorities introduced moratorium on death penalty.