Belarus ACTIONS - Defending Human Rights in Belarus - Nasha Viasna: Review-Chronicle of Human Rights Violations in Belarus in September 2009

September closes the additional six-month test period that was given to the Belarusian authorities for starting democratic transformations in the country. Meanwhile, the authorities did not make any significant steps for the improvement of the situation of human rights in Belarus. The fundamental freedoms, such as the freedom of association, the freedom of expression and the freedom of consciousness remained restricted. On 24 September, during the briefing for representatives of international missions and journalists the Assembly of pro-Democratic NGOs voiced its preliminary evaluation of the activities of the Belarusian authorities on normalization of the situation of NGOs in the view of the end of another period of suspension of sanctions by the EU. Siarhei Matskevich, head of the Working group of the Assembly of NGOs, stated the absence of progress on the three points on which the European Union insisted: the abolishment of Article 193.1 of the Criminal Code, the abolishment of the death penalty, the solution of the problem of non-registration of civil organizations and introduction of reduced-price office rent tariff for them.

Many youth and human rights associations faced registration denials in March-September. In the overwhelming majority of cases the denials are wire-drawn and motivated by the political will of the authorities, who try to prevent the legalization of new NGOs and political parties.

In September a number of peaceful actions were violently dispersed in Minsk. Their participants were beaten by the police. On 9 September in Kastrychnitskaya Square in Minsk there was held a peaceful action of protest against the arrival of the Russian troops on the territory of Belarus for joint military trainings. The action was held under the slogan ‘Say NO to the Russian occupation! Long live Belarus!’ and was dated to the beginning of the joint Belarusian-Russian military training West-2009. The police detained about 30 persons. 17 of them were later fined for participation in unauthorized mass action. The detentions were accompanied with the use of physical violence and foul language. At Tsentralny district police department the police made the detainees stand facing the wall for four hours. Some of them were severely beaten. Human rights defenders called upon the prosecutorial organs to hold check-ups on the facts of abuse of the duty powers by police officers and punish the guilty according to the law.

On 16 September the democratic community of Belarus marked the 10th anniversary of the abduction of the oppositional politician Viktar Hanchar and the businessman Anatol Krasouski. The authorities still pay no interest to the disclosure of this crime and don’t give any substantial answers about its investigation to the relatives of the missing persons. On the Solidarity Day Minsk police dispersed the action in the memory of Viktar Hanchar and Anatol Krasouski. More than 20 people were detained. Policemen in mufti banned journalists to make photos and videos of the events. The action participants were severely beaten during the detention and after it. Mikalai Statkevich suffered most of all. All detainees were guarded to the police department and later were released without getting any charges. Charges under Article 23.34 of the Administrative Code (holding of unauthorized mass action) were drawn up on the detained participants of analogical action in Homel. On 17 September Sweden, which is heading the EU now, issued an official statement demanding that Minsk should stop using violence against peaceful demonstrators and guarantee to journalists the safe conditions for their work in the country. The Belarusian Association of Journalists expressed its protest and demanded to punish the perpetrators of the grave violations of the freedom of expression.

The issue of political prisoners and politically motivated persecution is still topical for Belarus: the Young Front activist Artsiom Dubski is serving a personal restraint term in Mahiliou prison. A part of the figurants of the ‘process of 14’ (Maxim DashukAles Straltsou and Ales Charnyshou) are serving their terms of personal restraint at home, while some other ones (Aliaksei Bondar, Mikhail Kryvau and Tatsiana Tsishkevich) are still abroad and cannot return to Belarus.

On 19 September the Young Front announced the beginning of a wide civil campaign for Belarusization under the title For Belarusian Language. The aim of the campaign organizations is to press for Belarusization of all spheres of the civil life of Belarus, first of all the sphere of education. The main means of the campaign is collecting signatures under the addresses to the state organs demanding to provide real equality of the Belarusian language with the Russian. A number of street educational events are also planned within the frames of the campaign. The five-month long campaign will be finished on 21 February, International Mother Language Day. The Young Front intends to pass at least 50 000 signatures to the state organs: the parliament, the government, the presidential administration and a number of other state organs.

On 20-24 September a group of international organizations dealing with the freedom of press and media paid an official visit to Belarus. One of the participants of this international missing, member of the Civil Rights Defenders (former Swedish Helsinki Committee) Joanna Kurosz was denied Belarusian visa. Following its visit the delegation called upon the authorities of Belarus to put the media sphere of the country in line with the international standards. Besides, the mission made some recommendations seeking to improve the situation of state and independent mass media in Belarus, increase their professionalism, pluralism and social importance.

1. Right to association

On 3 September the Supreme Court of Belarus turned down the cassation appeal of the founders of the human rights association Brestskaya Viasna against the verdict of Brest oblast court, upholding the ruling of the justice department of Brest oblast executive committee on the registration denial. As said by one of the organization founders, human rights defender Uladzimir Vialichkin, the trial had predictable results.

The Ministry of Justice suspended the registration of the Belarusian Party of Workers and required additional documents about the order of its creation. On 21 September members of the organizing committee of the BPW filed a complaint with the Supreme Court against the actions of the Ministry of Justice. On 19 September they submitted a letter to the Ministry, in which they refused to pass to it the minutes of the assemblies of the initiative groups on nomination of delegates to the constituent assembly. As stated by the head of the organizing committee Aliaksandr Bukhvostau, the demands of the Ministry of Justice on presenting additional documents are unlawful. The party founders hope that as a result of their lawsuit to the Supreme Court the Ministry of Justice will stop ‘conducting a repressive check-up of the establishment of the party’. The Belarusian Party of Workers is the legal successor of the Belarusian Labor Party that was liquidated in 2004.

2. Freedom of expression and the right to disseminate information

On 2 September the photo correspondent of the Intex-press newspaper Liudmila Prakopava was detained on the territory of airbase #61 where she elucidated the return of the bodies of two Belarusian perished pilots (Aliaksandr Marfitski and Aliaksandr Zhuraulevich had been lost at the air-show in Poland). The journalist and the chief editor of the newspaper Uladzimir Yanukevich who also came to the airbase had to write explanatory notes. The journalist was released four hours after the detention. L.Prakopava pointed that it wasn’t a military training or an exposition of new military weapons, but a socially important event. ‘Of course, the military servants have their own understanding of professional duty. Pitifully enough, the professional duty of a journalist is insignificant for them,’ she commented.

On 28 September in Rahachou the police detained Vasil Paliakou, head of Homel oblast branch of the United Civil Party. This day the party activists distributed informational materials including the Satsyialnaya Abarona bulletin within the frames of the campaign of the United Democratic Forces for returning the social benefits to the low income categories of population. At the police station the party leader was required to give explanations and then was released.

The Ministry of Foreign Affairs denied accreditation to the journalist of Radio Racyja Viktar Parfionenka. The concrete reasons for the denial weren’t explained. The journalist received the negative answer from the Ministry only four months after he applied for accreditation.

The well-known TV cameraman and photo artist Vadzim Arshynski was mailed a prosecutorial working for violation of Article 11 of the law On mass media because of his cooperation with the BelSat Polish TV channel. ‘The prosecutor’s office again demonstrates the unawareness about the norms of the Belarusian legislation and violates it itself,’ commented the deputy chairman of the Belarusian Association of Journalists Andrei Bastunets. ‘It is not the first time when they issue warnings without taking any explanations first’. On the count of the BAJ lawyers, since the enforcement of the new law On mass media the Belarusian journalists who cooperated with foreign media were issued 13 warnings for absence of accreditation.

3. Right to peaceful assemblies

Minsk city executive committee (CEC) did not let Right Alliance hold the picket Give Belarusian Children Belarusian School on 16 September in Druzhby Narodau Park. The official reason for the ban was that the action would allegedly hinder the traffic in Banhalor Square.

Minsk CEC also ‘recommended’ the administration of the International Educational Center (IBB) not to lend the center’s assembly hall for holding of a party conference of the United Civil Party.

The authorities of Brest oblast didn’t let activists of the United Democratic Forces hold 52 pickets against the deterioration of the life standards. All actions were appointed on 30 September. Among the organizers there were 48 regional activists of the Party of Communists Belarusian, 17 activists of the Belarusian Social Democratic Party, 12 activists of the United Civil Party and 3 activists of the Belarusian Popular Front. In 47 cases the authorities answered that holding such actions was permitted at the Locomotive stadium at the outskirts of Brest only. The five activists who applied for holding pickets at the stadium were told that a traditional football tournament would take place there on the day of their action.

4. Politically motivated criminal cases

The deputy head of the Supreme Court of Belarus issued a protest against the verdict of Tsentralny district court to Ales Straltsou by which his personal restraint was changed to corrective labor with exaction of 15% from his wage. It happened after the cassation complaint the activist filed with Minsk city court against his not being amnestied was turned down. Then the activist filed a review complaint with the Supreme Court. The prosecutor issued a protest that was considered by the presidium of Minsk city court. As a result the earlier verdict was abolished and Straltsou’s case was returned for the second trial.

On 16 September the criminal cases board of the Supreme Court turned down the cassation complaint of Vitsebsk human rights defender Leanid Svetsik against the verdict that had been issued to him by Vitsebsk oblast court on 16 July (he had been found guilty of fomenting the national and religious enmity). The judge Halina Urbanovich sentenced Mr. Svetsik to pay a huge file for having allegedly distributed threat letters on behalf of the Russian neo-Nazi organization Russkoye Natsionalnoye Edinstvo (Russian National Unity).

5. Detentions and fines to civil and political activists

On 8 September the members of the Young Front Mikola Dzemidzenka and Marharyta Karol tried to unfurl a streamer near the Russian Embassy in Minsk in order to remind the public about the Belarusian Military Glory Day. The guards called the riot police who pulled the activists in their car and guarded them to the police department. The following day Tsentralny district court of Minsk fined Mikola Dzemidzenka 1 050 000 rubles and Marharyta Karol – 175 000 rubles. The activists were taken to the delinquents’ isolation center in Akrestsin Street for the night before the trial.

On 16 September Mozyr court found the human rights defender Pavel Nazdra guilty of violating Article 28.5 (failure to timely inform the military enlistment office about change of the place of work) and fined him 105 000 rubles. According to the court’s version, in July the activist got a new job and did not inform the military enlistment office about it. P.Nazdra intends to appeal against the court verdict. It is not the first conflict case between the military enlistment office and the activist.

6. Harassment of democratic activists

On 21 September a new political draftee, Young Front activist Yauhen Skrabets was taken to a military unity near Mahiliou for serving in the railway forces. Despite his having serious problems with the dorsum making him unfit for the army service, the repeated medical commission that was held on the demand of the military enlistment office, found him fit.

Homel Young Front activist Andrei Tsianiuta filed a lawsuit against the unlawful actions of the military enlistment office, demanding to stop his unlawful drafting into the army. However, on 22 September the Savetski district court of Homel turned the lawsuit down. The Young Front activist also demanded that he was examined by an independent medical commission, because in August he had been diagnosed with 2nd degree scoliosis, which makes him unfit for the army service. However, the military enlistment office directed Tsianiuta for repeated medical examination to Homel oblast clinical hospital. The diagnosis was changed by decreasing the degree of scoliosis. As a result, on 25 September Andrei Tsianiuta was directed to a military unit in Zhlobin to serve in the transport forces.

On 9 September Kiryl Mazouka, deputy prosecutor of the Maskouski district of Minsk, drew up a violation report under Article 23.1 of the Administrative Code against the church pastor Viachaslau Hancharenka for not letting an inspector of the Ministry of Emergency Situations in the temple. Meanwhile, the refusal of the believers to let any officials in their church is a form of protest against the decision of the authorities to deprive them of it. This decision was taken by the general assembly of the Protestant community. On 30 September the judge of Maskouski district court Alena Shelko fined Mr. Hancharenka 420 000 rubles.

The conflict between the New Life Church and the authorities has lasted since 2005.

8. Activities of security services

On 23 September to people in mufti tried to burst into the apartment of Brest journalist Zmitser Kisel who cooperates with Radio Racyja in order to forcedly guard him to the prosecutor’s office. The journalist says they were officers of the local KGB department. The following day Mr. Kisel received an oral warning for working for foreign media without accreditation. The case was initiated by Brest oblast KGB department which prepared the printouts from the internet where the journalist’s name was mentioned.

9. Tortures and other kinds of cruel and inhuman treatment

The youth activists who were detained and beaten during the violent dispersal of the peaceful actions of protest against the arrival of the Russian military forces to Belarus within the frames of the joint military training Zapad-2009, applied to the prosecutor’s office, demanding to hold a check-up and punish the perpetrators. In their complaints Maksim Serhiyets and Aliaksei Sianchyla present a detailed description of the behavior of police officers. The HRC Viasna collects the facts of tortures and other kinds of cruel towards the persons who were detained for participation in the peaceful actions on 9 and 16 September. The human rights defender Valiantsin Stefanovich is sure that it should be done in any case, even despite the impossibility to bring the perpetrators to account in the near future. ‘We are preparing complaints to the prosecutor’s office. Six complaints have been filed already. There we demand bringing a criminal case against the policemen who abused their duty powers. We unequivocally consider the beating of the detainees on the police buses and at Tsentralny district police department as tortures. To my mind, these actions were demonstrative. Pitifully enough, it has turned into some kind of system.’

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

The activist of the Young Belarus movement Katsiaryna Halitskaya was dismissed from work. Before this the office of her company was visited by a KGB colonel. Earlier Katsiaryna faced problems at the place of study in connection with her political activities. At that time she was a member of the Young Front and was twice dismissed from work on political grounds. She has been arrested many times for participation in street actions.

11. Prisoners’ rights

On 7 September Mikalai Autukhovich was transferred to a common cell from the medical department of Minsk pre-trial prison. His lawyer saw the prisoner the following day and told that he was looking emaciated and still couldn’t eat the prison food, though he had stopped his long hunger-strike of protest almost two months ago.

Navapolatsk entrepreneur Yauhenia Bochurnaya went on an indefinite hunger-strike of protest in Homel women’s colony #4. She did it after she was prohibited to buy any goods in the prison shop. Before this she repeatedly addressed the department of punishment execution of the Ministry of Internal Affairs and the prosecutor’s office with complaints about the unsatisfactory incarceration conditions in her prison. In response she faced reprisals from the side of the prison administration.