Review-Chronicle of Human Rights Violations in Belarus in April 2008

In April the trials on several politically motivated cases were conducted in Belarus. As a result the country has 12 new political convicts, two of whom have been sentenced to imprisonment. Despite the addresses of the international structures, the European countries and the US to the Belarusian authorities, politically motivated criminal persecution in Belarus is still going on. The repressions continue and acquire new forms. Now all mass actions are shot on video by police and KGB officers. Then these video recordings are used as evidence in criminal and administrative cases against activists.

29 April in Minsk the press conference Evaluation of the contemporary situation of human rights in Belarus and the presentation of the yearly Review-Chronicle of Human Rights Violations in Belarus took place. The press conference was attended by well-known Belarusian human rights activists, representatives of the Czech Embassy and the OSCE mission and victims of political repressions. Summing up the results of year 2007, the deputy president of the International Federation for Human Rights (FIDH) Ales Bialiatski pointed that the restriction of public and political rights in our country is a logical result of the development of totalitarian regime, for which human rights are a hostile thing, incompatible with its existence. The situation continues deteriorating – more and more people become political prisoners and victims of different kinds of repressions. Despite the recent refusal in state registration, human rights activists are not going to stop their activities even under the threat of criminal persecution and will try to legalize their work.

26 April a traditional Chernobyl Way action dedicated to an anniversary of Chernobyl accident was held. This year one of the aims of the action was also to protest against the liquidation of social guarantees to victims and liquidators of Chernobyl accident, and the state plans to construct a new nuclear power station. Minsk city executive committee satisfied the application for the rally, but changed the route. Besides, on 24 April four organizers of the action were summonsed to Minsk city prosecutor’s office. The prosecutor Mikalai Kulik held a prophylactic talk with them and warned that he was ready to bring criminal cases in the case of law violations during the action. On the eve of the action KGB confiscated all leaflets and stickers with invitations to the action, which were produced by the BPF, the United Democratic Forces and the For Freedom movement. Everything was confiscated during transportation to the offices. All ‘suspicious’ offices were searched and several printing houses which were suspected in printing of leaflets were sealed on the eve of the rally. As usual, some of the regional activists were warned by the police about the inadmissibility of participation in unauthorized mass actions. Those who dared to go to Minsk were detained or put off the vehicles. Nevertheless, Chernobyl Way ended without any incidents and provocation, but the number of participants was much less than the previous year.

In April the escalation of the Belarusian-American relations led to a diplomatic scandal. The crisis started yet in March, after the Ministry of Finances of the US published at its web-site the official explanations of the reasons for sanctions against the Belarusian concern Naftakhim. 7 March the Ambassador of Belarus in the US was recalled for consultations and 12 March the US Ambassador Karen Stuart had to leave Belarus on the demand of the Belarusian side. Then the US Embassy in Minsk was advised to decrease the number of its staff to 15 officers. As a result on 27 March 17 American diplomats left the Belarusian capital, which caused a temporary irregularity in the issue of visas. 30 March the Ministry of Foreign Affairs of Belarus presented to Jonathan Moore, temporary chargé d'affaires of the US in Belarus, a document by which ten of the remaining American diplomats were declared personae non-grata and had 72 hours to leave the country in conformity with the Vienna convention. Mr. Moore officially stated that he considered such actions of the official Minsk unjustified, groundless and illegitimate. He said that the economical sanctions against Belarus will be extended and the US will continue demanding the release of all political prisoners in Belarus.

7 April the EU Council on transport, telecommunications and energy extended for another year the sanctions towards a number of high-rank Belarusian officials. According to the press service of the EU Council, the sanctions can be reviewed any moment and the list of concerned persons can be either extended or shortened. At present the list includes 41 officials. All of them are banned entrance to the EU and their European financial accounts are frozen. The only reason for review of the sanctions can be complete and unconditional release of all political prisoners and holding of free, fair and democratic election in autumn 2008.

1. Politically motivated criminal cases

1 April the criminal proceedings against the youth activist Andrei Kim started at Tsentralny district court of Minsk. Kim was accused of having beaten a policeman on 21 January, during a protest rally of entrepreneurs. In the beginning of the court sitting the judge Alena Iliina prohibited video and photo shooting. The three journalists who did not obey to this requirement were led out of the court hall. The state accuser Lukyianau made a petition for amalgamation of the two criminal cases against the defendant into one. The judge granted the petition and the trial was postponed.

22 April Alena Iliina read verdicts to ten youth activists who were accused under part 1 of Article 342 of the Criminal Code (organization or active participation in the group actions which grossly violate the public order) for participation in the entrepreneurs’ protest rally on 10 January. Anton Koipish and Uladzimir Siarheyeu were fined 3.5 million rubles (1 643 US dollars) each. Aliaksei Bondar, Ales Charnyshou, Artsiom Dubski, Mikhail Kryvau, Mikhail Pashkevich, Ales Straltsou and Tatsiana Tsishkevich were sentenced to two years of personal restraint without direction to open penitentiary facilities. They cannot leave Belarus.

Andrei Kim was found guilty on both accusations and sentenced to 1.5 years of jail.

23 April Maskouski district court of Minsk pronounced the verdict to a leader of Vitsebsk entrepreneurs Siarhei Parsiukevich. Judge Uladzimir Audzeyenka found him guilty under Article 364 of the Criminal Code (violence or threat of violence towards a policeman) and sentenced to 2.5 years of jail. Parsiukevich must also pay to the ‘victim’, policeman Dulub, 1.1 million rubles (about 516 US dollars) for moral harm. 28 April the convict appealed to Minsk city court against the unfair verdict.

8 April the judge of the court of Polatsk town and district Marozava ruled to fine the youth activist Katsiaryna Salauyova 1 750 000 rubles (about 822 US dollars) under article 193.1 (activities on behalf of unregistered organization) for activities on behalf of the underground youth organization Young Front. During the trial her friends held a picket of solidarity near the court building. They were detained and tried for it.

At the end of April the chair of Homel branch of the Young Front Andrei Tsianiuta received a letter signed by the investigator of Homel KGB office D.Sidliarou where it was stated that the criminal case under Article 193.1, reopened in autumn, was dropped under part 1 of Article 259 of the Criminal Process Code. The matter is that about a month before Tsianiuta filed to the chairman of the Belarusian KGB Yury Zhadobin a complaint with the demand that the unlawful criminal persecution was stopped or the criminal case against him was passed to court. The complaint was readdressed to Homel prosecutor’s office, which decided to satisfy it. Now the investigation will also have to return to Tsianiuta the confiscated property. Bear in mind, that Kiryla Atamanchyk and Arsen Yahorchanka, two other figurants in this very criminal case, still have the status of suspects.

2. Right to association

17 April the human rights activists Ales Bialiatski, Uladzimir Labkovich and Valiantsin Stefanovich addressed the chairman of the Supreme Court with the request to issue a protest against the verdict of the Supreme Court of 26 October 2007 concerning the refusal of state registration to the human rights NGO Viasna. Despite the fact that the registration documents which were passed to the Ministry of Justice corresponded to the legal requirements, the Ministry of Justice ruled not to register the organization. The human rights activists applied to the Supreme Court, which took the side of the ministry. ‘The reasons for non-registration which were mentioned in the verdict of the Supreme Court, constitute an inadmissible violation of the right to association and Article 22 of the International Covenant on Civil and Political Rights,’ is stated in the complaint of the NGO founders.

23 April the Ministry of Justice of Belarus delayed the registration of the human rights public association Movement ‘For Freedom’. The deputy minister of justice proposed to Alexander Milinkevich, organization leader, to correct the documents within one month. The main pretension of the Ministry of Justice is that the aims and tasks that were stated in the organization charter, did not correspond to the platform of the ‘For Freedom’ movement which was published at the personal web site of Alexander Milinkevich. Besides, allegedly there were found some mismatches in the graphical scheme of the organization structure which presented together with the registration documents. Milinkevich was informed about decision concerning the registration delay only two weeks after it was taken. Nevertheless, he considers the ministry’s answer constructive, as concrete proposals were made and concrete terms were given. ‘I believe that we are on the way of legalization and registration of the ‘For Freedom’ movement’, said Alexander Milinkevich.

3. Freedom of word and the right to distribute information

1 April the Belarusian Association of Journalists again addressed the Prosecutor General Ryhor Vasilevich in connection with the searches which had been conducted by KGB officers in the apartments of independent journalists and a number of offices on 27-28 March. Earlier Minsk city prosecutor’s office answered that ‘the searches were conducted for sufficient reasons and in conformity with the legislation’. In the letter signed by Siarhei Ivanou, chairman of the investigation department of Minsk city prosecutor’s office, it is stated that the searches were conducted within the frames of the preliminary investigation of the criminal case brought under part 1 of Article 367 of the Criminal Code (defamation of president) against A.Abozau, P.Marozau and A.Minich. ‘Your statements… have been considered and attached to the materials of the criminal case’, Ivanou writes. Thus, the answer of the prosecutor’s office again contradicts to the commentary made by the chair of the informational service of the Belarusian Foreign Ministry Maria Vanshyna on 27 March. She stated that the searches were connected to the activities of the journalists who worked for the foreign mass media which did not have official accreditation.

15 April the judge of Pershamaiski district court of Minsk Ala Yanchanka sentenced the journalist Anatol Udavichenka, resident of Barysau, to 14 days of jail under part 1 of Article 23.34 of the Administrative Code (violation of the rules for organizing and holding mass actions). The police accused him of having distributed stickers with invitations to the Chernobyl Way action. The journalist pleaded innocent.

16 April the deputy editor of the Narodnaya Volia newspaper Maryna Koktysh addressed the chairman of the Chamber of Representatives of the Belarusian Parliament Vadzim Papou after she had been denied accreditation with this organ. The matter is that 25 March the newspaper applied to the Chamber of Representatives requiring accreditation for its journalist, but received a negative answer, dated 8 April. The chairman of the Regular commission on human rights, national relations and mass media Yury Kulakouski recommended the editorial board of the newspaper to propose another candidacy, as M.Koktysh was prohibited to enter the building of the House of the Parliament. He did not tell who, when and why had taken such decision. The journalist states that this refusal is unlawful and violates her rights, the law On press and other mass media and the Rules for accrediting of media correspondents at the Chamber of Representatives. In her complaint she asks the chairman of the Chamber of Representatives to make the commission reverse its decision. Otherwise she is going to apply to court.

17 April the policemen of Zhlobin district police department exempted about 1 200 copies of the non-state newspaper Tovarishch. They explained that the newspapers were to be checked for articles with ‘destructive content’. The order for exaction of the newspapers was based on a KGB report.

The editorial office of the non-state newspaper Hazeta Slonimskaya received a letter signed by the chairman of Slonim district executive committee Mechyslau Kastsiuk, where it was stated that several cases of sale of the newspaper in improper places had been registered. In the case of repeated violation the local authorities threaten to suspend the issue of the newspaper or annul the license for its retail. Victor Valadashchuk, chief editor of the newspaper, thinks that it may be a part of preparation of the district executive committee to a talk with him concerning the extension of the license for retail, which expires 25 June. ‘The authorities are purposefully trying to get rid of the only registered non-state edition in Hrodna oblast. It can be connected to the upcoming parliamentary election,’ says the editor. Besides, he reminds that the editorial board is forced to leave its office by 1 June as the state enterprise Slonimski bytkambinat refuses to extend the rent agreement.

4. Detentions and administrative penalties to public and political activists

1 April the judge of Chyhunachny district court of Vitsebsk Raman Dehoda sentenced to five days of jail a well-known activist and distributor of independent press Barys Khamaida. The activist was accused under part 3 of Article 23.34 of the Administrative Code for participation in the celebration of the 90th anniversary of the Belarusian People’s Republic.

2 April representatives of the For Freedom movement tried to hold a picket near the Russian Embassy in Minsk timed to the official holiday, the Day of unity of the peoples of Belarus and the Russia. They brought a white-red-white flag and a banner ‘No to Russia, yes to Europe’. The Embassy guard called the police who violently dispersed the picket. Palina Dziiakava and Palina Kuryianovich were guarded to Tsentralny district police department of Minsk. Reports under Article 23.34 of the Administrative Code (violation of the rules for organizing and holding mass actions) were drawn up on them. Then Palina Kuryianovich was taken to prison in Akrestsin Street and Palina Dzyiiakava was released in about three hours because she was under age. 3 April the judge of Tsentralny district court of Minsk Tatsiana Pauliuchuk found Palina Kuryianovich guilty and sentenced her to ten days of jail.

8 April in Polatsk the police detained the youth activists Liudvisia Atakulava and Aliaksei Yanusheuski near the court of Polatsk city and district, at a picket in support of Katsiaryna Salauyova. Atakulava had to spend the night in prison. On 9 April she was fined 1 225 000 rubles (about 570 US dollars) under Article 23.34. Aliaksei Yanusheuski was fined 115 000 rubles (about 54 US dollars).

11 April the court of Pukhavichy district fined Siarhei Abrazouski 1.4 million rubles (about 657 US dollars) for having organized an unauthorized meeting of protest against the construction of a chemical plant. In fact, it was a spontaneous action that took place on 22 March. The activists of the initiative group of the citizens who are against construction of the plant have maintained correspondence with all interested state organs for about a year already. They have many times applied to the local authorities for authorization of a protest action, but received refusals. The chemical plant is to be constructed by the Russian company Avgust-Bel. The enterprise will produce several kinds of pesticides of A-class danger. Dwellers of Druzhny, Svislach, Rudzensk, Dukora and other settlements don’t believe to the official statements about the safety of this industry and demand an independent technological and ecological expertise and a local referendum concerning the expedience of construction of the plant near the settlements.

11 April the administration of Salihorsk town executive committee gave huge fines to the under-aged persons who had participated in the social rally on 2 May and the Freedom Day action on 25 May. For the first action Khrystsina Samoilava and Ivan Shyla were fined 1 050 000 rubles (about 492 US dollars) each, and Andrei Tychyna – 700 000 rubles (about 328 US dollars). Bear in mind that before this Ivan’s father, Uladzimir Shyla, served 15 days of arrest for organization of the social rally. For participation in the Freedom Day action Khrystsina Samoilava and Ivan Shyla were fined 700 000 rubles each, Ryhor Astapenia was fined 875 000 rubles (about 411 US dollars) and Maksim Hlukhau was given a warning. An administrative report was also composed on Ivan’s brother, under-aged Illia Shyla. As a result their father, Uladzimir Shyla, was fined 525 000 rubles (about 246 US dollars) for wrong upbringing of the child. The total sum of the fines exceeds 5 million rubles (about 2 500 dollars). The activist will appeal to court against the fines. Last year the court decreased the fines to the accused twice as a result of their appeals.

18 April the administrative commission of military unit #1234 of Lida ruled to fine Anzhalika Borys, chairperson of the Union of Poles in Belarus (which is not recognized by the Belarusian authorities), the journalist of Magazyn Polski Ihar Bantsar and the driver Victor Borys 525 000 rubles for presence in the border zone without the necessary documents. They were detained 14 April in the settlement of Radun in Voranau district together with eight citizens of Poland who came to Belarus within the frames of cultural exchange.

25 March the court of Minsk district ruled to fine the activist of the BPF Party Uladzimir Kishkurna 525 000 rubles under article 23.34. 21 March Uladzimir Kiskhurna was detained near the settlement of Kaliadzichy (Minsk district) while driving his car. The police inspected the car and found there leaflets dedicated to the traditional action in the memory of Chernobyl accident. Kishkurna was guarded to the police department where a violation report was drawn up and the leaflets were confiscated.

In April the participants of a historical excursion in honor of the 90th anniversary of the Belarusian People’s Republic were tried. 23 March about 20 persons with red and white air balloons visited the places connected with the life and activities of the BPR’s minister Paluta Badunova. The police made video shots of the excursion and drew up violation reports against eight participants of the action. Aleh Kharoshka, judge of Navabelitsk district court of Homel, found them guilty under Article 23.34. Ivan Adamenka was fined 700 000 rubles (about 328 US dollars), journalist Tatsiana Bublikava and Zmitser Kutasau – 525 000 rubles each, pensioner Uladzimir Niapomniashchy was sentenced to 15 days of jail, Alexander Protska – to 7 days of jail, Sviataslau Shapavalau – to 10 days of jail, Siarhei Tryfanau – to 10 days of jail and Maria Tulzhankova – to 7 days of jail.

5. Politically motivated dismissals from work and expulsions from high schools

5 April the youth activist of the BPF Party Franak Viachorka (who had been expelled from the journalism faculty of the Belarusian State University) sued to Minsk city court against the BSU rector Vasil Strazhau. The matter is that the former student still hasn’t received any answer to his complaint to the rector concerning the unlawful actions of the BSU administration and the Ministry of Education. Besides, on 5 April, after the ‘professional-psychological interview’ the commission of teachers headed by the dean of the journalism faculty Siarhei Dubovik refused to issue to Franak Viachorka a letter of recommendation for this year’s entrance examinations to the faculty.

17 April, after the Young Front activist Liudvisia Atakulava already had several administrative penalties including imprisonment, officers the administration of the Belarusian State Economical University, under the pressure of the KGB, petitioned the rector Shymau for her expulsion from the third year of the faculty of tourism. However, the student trade union stood against the groundless expulsion, as the student almost did not miss classes and demonstrated a good academic progress having the average mark about 7,5 out of 10 possible. More than 200 signatures were collected in support of the student on all nine faculties of the university. As a result Liudvisia Atakulava was left in the university, but received a severe reprimand.

17 April the judge of Dobrush district court Volha Sychova rejected the suit of the teacher Klaudziya Varanets, member of the United Civil Party concerning her rehabilitation at the place of work. The teacher is a liquidator of the consequences Chernobyl accident. She was fired while taking a course of recreation abroad. The UCP lawyer Leanid Sudalenka, who represented the teacher’s interests in court, states that during the dismissal the school administration and the local education department violated not only the law on liquidators of the Chernobyl accident, but also the Labor Code and the collective agreement. That’s why the verdict of Judge Sychova seems to be politically motivated. Klaudziya Varanets is going to appeal against it to a higher court.

In April the activist of the United Civil Party Mikhail Pashkevich was expelled from the historical faculty of Belarusian State University because of active participation in the political life of the country. ‘The matter is that this summer I have been expelled from the university because of my participation in the election to Minsk city soviet of deputies. Then I continued my studies on the sixth year of the tuition faculty at the same university. Now the teachers refuse to put down my mark for the exam on the methodology of history, which I have passed. At the dean’s office I was openly informed, that the decision about it was taken not even by the rector, but by some higher officials,’ Pashkevich says. To his mind, the expulsion is connected to the criminal case against him which was brought for his participation in the entrepreneurs’ rally on 10 January, participation in celebration of the Freedom Day and for his being one of the organizers of this year’s Chernobyl Way action.

6. Freedom of conscience

22 April Maskouski district court of Minsk ruled to fine Pavel Seviarynets, co-chairman of the organizing committee of the Belarusian Christian Democracy Party, 1.4 million rubles (about 657 US dollars) for allegedly illegal collection of 50 000 signatures for amendment of the religious legislation. The administrative report under Article 9.10 of the Administrative Code (violation of the legislation on realization of the right to legislative initiative of citizens) was drawn on Pavel Seviarynets on 1 April in the prosecutor’s office, where he was taken by the policemen in civvies, who detained him in the metro. In his speech at the trial Pavel Seviarynets explained why he had not applied to the Central Election Commission with these signatures. He stated that the CEC had no authority and the results of the Belarusian elections were not recognized in the world. He also said that by its actions the prosecutor’s office supported harassment of believers.

25 March the judge of Maskouski district court of Minsk Uladzimir Audzeyenka ruled to fine Viachaslau Hancharenka, pastor of the New Life Church 1.4 million rubles under Article 9.10 for collection of signatures under the demand to amend the religious legislation. Hancharenka was also fined 350 000 rubles (about 164 US dollars) for non-implementation of the ruling of Maskouski district prosecutor’s office of Minsk by which he was obliged to let in the temple the state inspectors on energy.

25 March the lawyer of the New Life Church Siarhei Lukanin, coordinator of the Campaign for protection of the freedom of conscience, was sentenced to the same fine. Lukanin was tried in absentia, because at the time of the trial he was at the international conference of the European Christian democratic parties in Helsinki, reading a report about violations of the rights of believers in Belarus.

7. Right to peaceful assembly

23 April Savetski district court of Minsk finished the trial on the suit of the enterprise Horremautador against the organizers of the European March. All in all, Yauhen Afnahel, Victor Ivashkevich, Zmitser Khvedaruk, Anatol Liabedzka, Alexander Milinkevich and Vintsuk Viachorka were sentenced to pay 2 240 770 rubles (about 1 052 US dollars) for additional expenses which had been allegedly caused to Horremautador by the change of the action route.

25 March Savetski district court of Minsk ruled to exact from the organizers of the European March more than 3.5 million rubles in demands of the state enterprises Minskzelianbud and Remautador of Savetski and Pershamaiski districts of Minsk.

According to Minskzelianbud, 14 October 2007 the action participants trampled a lawn, broke a lime tree and several bushes. The enterprise demanded 1.4 million rubles in damages. The judge granted the suit. The Remautador enterprises of Savetski and Pershamaiski districts demanded from the rally organizers more than 2.1 million rubles for cleaning the territory after the action, which allegedly demanded additional personnel and equipment. Even bonus wages for the cleaners were introduced in this sum. This suit was also satisfied. Thus, the total sum of the compensations is almost 5.6 million rubles. In the beginning of May Savetski district court of Minsk is to consider six analogical suits.

25 March the activists of Mahiliou regional branch of the Belarusian trade union of radio electronic industry held a working meeting which ended with interrogation of its participants. According to the head of the regional branch Halina Lisitsyna, after a supper in a café the meeting participants started to disperse, whereas its organizers were detained by six policemen because of a ‘signal’ about an unauthorized action. The trade union activists were detained for more than three hours. The interrogation minutes were composed and some informational materials were exempted from the detainees. The police paid not attention to the explanations that the trade union was an officially registered organization, whose members had the right to meet and discuss the daily issues. The trade union administration addressed to Kastrychnitski district police department of Mahiliou with a complaint.

8. Actions of secret services

16 April the youth activist Krystsina Marchuk was interrogated for two hours at Hrodna KGB office. The summons, which was presented to Krystsina by the dean of the philological faculty of Hrodna state university, did not contain any information about the reasons for the interrogation and her status. In the beginning of the talk the KGB workers blankly refused to introduce themselves. Then the girl said she would not give any explanations. The KGB workers asked her about the circumstances of her detention in Minsk together with other members of the Young Front. At the end the KGB officers warned Krystsina about criminal responsibility for participation in the unregistered organization.

In the middle of April Uladzimir Laryn, activist of the United Civil Party from Hrodna, was summonsed to Hrodna oblast KGB office. The KGB officer Rushnitski warned the activist that in the case of further participation in the oppositional activities a criminal case under Article 342 (organization or active participation of actions that grossly violate the public order) could be brought against him. He reminded Laryn about earlier detentions and administrative penalties and the participation of celebration of Freedom Day on 25 March. Written explanations were taken from the activist, then he was let go.