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

The main events in Belarus in June are the official appointment of the parliamentary elections, the start of the electoral campaign and the adoption of the new law On mass media which considerably aggravates the situation of mass media in the country and is evidently repressive. On 24 June the president of Belarus Alexander Lukashenka signed order #344 On appointment of the elections to the Chamber of Representatives of the National Assembly of the Republic of Belarus of the fourth convocation. By this document the elections was appointed on 28 September 2008. Short before this the Belarusian Helsinki Committee and other human rights activists declared their intention to monitor the parliamentary election in Belarus. Aleh Hulak, the chair of the Belarusian Helsinki Committee, and Ales Bialiatski, vice-chair of the International Federation for Human Rights (FIDH), answered the questions of journalists at the press-conference which was held on 12 June. The human rights activists stated that the present electoral legislations allowed holding quite free elections and the main problem was in the practice of its implementation and the election could be free and fair if there was any political will for it. The authorities reacted to the initiative of human rights activists by pressurizing them and their families. On 12 June the 1st channel of the Belarusian TV advertised a program which insulted their honor and dignity. Then the whole program was shown in the Sunday’s Panorama. Beside the attempt to discredit human rights activity the authorities also conduct a detailed tax check-up concerning human rights activists. The BHC chair Aleh Hulak, its ex-chair Tatsiana Protska, the BHC member Zmitser Markusheuski, the human rights activists Ales Bialiatski and Valiantsin Stefanovich and their families received orders from the Ministry of Dues and Taxes to fill asset and income declarations.

Despite the official statements of the country’s authorities including A.Lukashenka that the elections would be transparent and democratic, human rights activists have already registered many violations in this field, such as confiscation of printed agitation materials, detentions, trials and arrests. Many activists were fined or imprisoned in June for participation in unauthorized mass actions. KGB and military enlistment offices pressurize youth.

The hasty adoption of the new law On mass media by the Belarusian parliament caused a large resonance in the Belarusian and international community. The preparation of the law was initiated by the presidential administration and continued for five years in closed regime. The Belarusian Association of Journalists has many times asked the authorities to admit its members to the sittings of the working group and the regular commission of the Chamber of Representatives who were dealing with elaboration of the law. However, these requests were ignored. The draft law was extraordinary put on the agenda of the session of the Chamber of Representatives of the National Assembly on 10 June. The following day its consideration was appointed on 17 June. The BAJ lawyers received the text of the law only on 11 June. Having analyzed it they concluded that as a result of its adoption a severe blow would be delivered on independent mass media in Belarus, which can put them on the brink of extinction. Meanwhile, the law On mass media was adopted almost unanimously in the first reading: 93 deputies voted for it and only one against. On 27 June, on the eve of adoption of the law On mass media by the Chamber of Representatives in the second reading, the international community including the OSCE Representative on freedom of mass media Miklosz Haraszti called the Belarusian authorities not to adopt this law because it could aggravate even the present, unreasonably severe restrictions for activity of mass media in Belarus. Several influential international organizations including the International Federation of Journalists, addressed Alexander Lukashenka and the Soviet of the Republic, offering support in reworking of the document with the aim to putting it in line with the international standards and human rights. The present version of the law provides a number of novelties. It prohibits the professional activities of foreign journalists on the territory of Belarus without official accreditation. Now mass media will be punished for ‘distribution of incorrect information which can harm the state or public interests’. At the same time, now there is no paragraph, according to which the organizations where a correspondent is accredited are to inform him/her about the future events and supply with the necessary documents. Despite the calls of the Belarusian and international community, on 28 June the Soviet of the Republic of the National Assembly of the Republic of Belarus adopted the law On mass media. On 17 June the Chamber of Representatives of the National Assembly of the Republic of Belarus adopted in the second reading the changes and supplements to the law of the Republic of Belarus On counteraction to extremism. Oppositional politicians are sure that these changes will considerably limit the opportunities of political parties during the electoral campaigns. ‘The novelties in the country’s laws mean only the intensification of pressure on the opponents of the regime’, pointed the leader of the United Civil Party Anatol Liabedzka. ‘I don’t rule out that the law will be used to weed out the undesirable candidates at the election to the ‘Chamber of Representatives’ which is to take place this autumn, or at the presidential elections-2011’.

1. Politically motivated criminal cases

The book ‘Siarhei Parsiukevich. On the waves of life’ has been issued in Belarus by Vitsebsk committee For Liberation of Siarhei Parsiukevich. It familiarizes the readers with the life story of the chairman of the Council of Entrepreneurs of Smalenski market in Vitsebsk who has been sentenced to 2.5 years of jail for political reasons. The book includes the articles of mass media about the entrepreneur. ‘The life of such a decent man, brave fighter for justice, truth and freedom, will find a way to the readers’ hearts and help them overcome fear and wake conscience’, said the activist of the For Freedom movement Tatsiana Seviarynets, mother of the former political prisoner Pavel Seviarynets.

Zmitser Harachka, the lawyer of the political prisoner Alexander Kazulin, has addressed the Prosecutor General Ryhor Vasilevich with a complaint. The lawyer is sure that any possibilities should be used to reverse the verdict by which Mr. Kazulin has been sentenced to 5.5 years of jail.

Vitsebsk KGB office continues interrogating public and political activists within the frames of the criminal case on threats to public and political activists of Vitsebsk on behalf of the underground Russian neo-Nazi organization Russian National Unity (RNE). ON 16 June they summonsed for interrogation the member of the Conservative-Christian Party BPF Siarhei Kavalenka. Bear in mind that on 23 May the KGB officers conducted a search in the private apartment of the human rights activist Leanid Svetsik in connection with this criminal case. Mr. Svetsik gave free consultations to those who had received threats from neo-Nazi and helped the victims in composing addresses to the appropriate state agencies.

The procuracy of Minsk has again suspended the criminal case which was brought in 2005 for defamation of Alexander Lukashenka by means of the political cartoons which were placed at the website of the underground organization Third Way. At the end of March the KGB searched the offices and apartments of independent journalists who worked for foreign mass media without official accreditation, allegedly to find evidence in this case. They also confiscated from the journalists computers and supplies. On 12 June the procuracy stated that the confiscated items would be returned to the journalists.

On 28 June, after a sitting of the political council of the United Civil Party, the police preventively detained Mikhail Pashkevich who has been sentenced to personal restraint within the frames of the ‘case of 14’ (the criminal case which had been brought against 14 participants of the rally of entrepreneurs held to protest against new restrictions on their work imposed by presidential decree #760). At the sitting of the political council the UCP delegated Pashkevich as its observer to the Central Electoral Commission. On 30 June Ryta Shahrai, judge of Kastrychnitski district court of Minsk, considered the administrative case against Mikhail Pashkevich under article 17.1 (petty hooliganism) and sentenced him to 7 days of jail. In addition he was fined 350 000 rubles (about $164).

2. Right to association

On 19 June the Ministry of Justice again refused to register the human rights educational public association ‘Movement ‘For Freedom’. The official reason is that the charter aims of the organization allegedly will not met the real ones. The Ministry of Justice states that the real aims of the For Freedom movement do not meet the requirements of the law of the Republic of Belarus, which, according to Article 15 of the law On public associations, can serve as a legal reason to deny registration to it.

In June the organizing committee for the establishment of the Belarusian Christian Democracy Party received a letter from the Ministry of Justice where it was stated that the organization was denied registration (for the second time already). The reason is that the state agency does not understand the ‘aims, tasks, subject and methods of activity of the organization’.

3. Freedom of speech and the right to distribute information

On 16 June the editorial office of the Narodnaya Volia newspaper and the deputy-editor Maryna Koktysh received the official answers from Maskouski district court of Minsk to their suits in which they asked the court to bring to account the presidential security and the Chamber of Representatives of the National Assembly for the refusal to accredit Maryna as a journalist. The judge V.Husakova turned the suits down.

On 18 June the Vitebskiy Kuryer newspaper received warnings under two articles of the law On press and other mass media. The Ministry of Information states that the newspaper has put an invalid address of the editorial board in the data-line (article 26) and did not timely inform the ministry about the change of its address for amendment of the registration certificate (article 11).

On 22 June in Navabelitski district of Homel the police detained the public activist, historian Sviataslau Shapavalau for handing out leaflets with explanation of the position of the United Democratic Forces concerning the upcoming parliamentary elections. Mr. Shapavalau was taken to the police station where 675 leaflets were confiscated from him and a violation report under article 22.9 (distribution of printed periodicals without data-line) was drawn up. Leaflets cannot be considered as periodicals, that’s why the actions of the police evidently contradict to the present legislation.

On 20 June in Hrodna the police detained the activist of the Belarusian trade union of radio electronic industry Uladzmir Tabola for distribution of the Hrodzenskaya Salidarnasts and Svaboda newspaper at the check-point of the automobile aggregates plant. Mr. Tabola was guarded to the police station, where a report for confiscation of the newspapers was drawn up. Uladzimir refused from giving any explanations to the police, because the right to distribute information is guaranteed by the Constitution and he did not violate any laws. According to the police, the confiscated newspapers will stand an expertise at the ideology department of Hrodna oblast executive committee, which will decide the question of punishing Mr. Tabola.

4. Arrests and other punishments to public and political activists

On 4 June the judge of Minsk district court Viachaslau Tuleika sentenced Viachaslau Siuchyk, the chairman of the Memorial section of the Belarusian voluntary society for protection of the monuments of history and culture, to 10 days of jail. Mr. Siuchyk was found guilty under article 23.34, participation in unauthorized action, for summing up the results of the photo contest ‘My photo – my Kurapaty’ in Kurapaty forest on 3 June.

On 5 June the judge of Leninski district court of Hrodna Natallia Kozel found the human rights activist Viktar Sazonau and the chairman of Hrodna oblast UCP organization Yury Istomin guilty under Article 23.34 of the Administrative Code (violation of the rules for organizing and holding mass actions) and ruled to fine them 1 050 000 rubles (about $493) each. The ‘violation’ was that Istomin and Sazonau waved a white-red-white flag on the roof of a building during the concert of the Polish band Lombard in Hrodna. On 9 June Anzhalika Borys, the chair of The Union of Poles in Belarus, was fined 1.4 million rubles (about $657) for organization of this very concert.

On 11 June in Polatsk the police detained five activists of the Young Front: Mikalai Dzemidzenka, Siarhei Karalionak, Ales Khaberau, Aliaksei Krutkin and Katsiaryna Salauyova for unrolling the banner ‘Stop dictatorship’ opposite Polastk district executive committee. Ales Khaberau felt bad and was taken away by an ambulance. On 12 June the judge N.Dzeravenka found the activists guilty under part 3 of Article 23.34 and fined them 1 050 000 rubles ($493) each for participation in unauthorized picketing.

On 12 June the activist of the democratic movement Alexander Atroshchankau was summonsed to KGB for giving explanations concerning his complaint against the KGB officers who had confiscated a computer and supplies from him. He managed to phone from the KGB office and say that he was being detained, after which his telephone was switched off. Alexander’s relatives tried to find about his location during the whole day after the detention. He stood a closed trial at Tsentralny district court of Minsk and was sentenced to 15 days of jail for alleged insult of the judge Alena Iliina (Article 24.1 of the Administrative Code) during the trial of the ‘case of 14’.

On 17 June the judge of Slonim district court Alexander Shylin found the democratic activist Ales Masiuk guilty under Article 23.34 for organization of a meeting of Slonim residents with Alexander Milinkevich. Masiuk was fined 700 000 rubles (about $329). The judge ignored the fact that the violation report against the activist was composed a month after the detention report, though the law gives only ten days for it. The court rejected Masiuk’s petitions for calling additional witnesses and challenge of the judge.

On 20 June Pukhavichy district court found the resident of the Druzhny settlement Siarhei Saldatsenka guilty under Article 23.34, violation of the rules for organizing and holding mass actions and ruled to fine him 525 000 rubles (about $246). On 28 June the judge of Pukhavichy district court Anzhalika Danilava fined Mikhail Kalinkevich, a disabled from Rudzensk, 350 000 rubles (about $164) for participation in an unauthorized meeting against construction of a pesticides plant near by the Russian private company Avgust-Bel. Earlier Pukhavichy district court sentenced to two large fines the activist of the initiative group against construction of plant Siarhei Abrazouski. The teachers from Druzhny, Nasta and Tatsiana Dylkova, were fined and fired from job. Another activist, Tatsiana Rysiovets, received a warning from the procuracy. Bear in mind that the construction of a plant on production of pesticides is planned by the Russian company Avgust-Bel. The local citizens protest against the neighborhood with the harmful industry. They have already applied to the Constitutional court, the procuracy and even to Alexander Lukashenka. Now they collect signatures under addresses to the UN and the OSCE.

On 27 June the judge of Maskouski district court of Minsk KHarkevich found Eduard Balanchuk, BHC member from Maladechna, a participant of the monitoring of the elections to the Chamber of Representatives of the National Assembly of the Republic of Belarus, guilty under two articles of the Administrative Code: Article 23.4, insubordination to the lawful demands of an officer on duty, and Article 17.1, petty hooliganism. The court paid attention only to the testimonies of the policemen who had detained the human rights activist near Minsk office of the Belarusian Helsinki Committee. The testimonies of Balanchuk’s witnesses were ignored. As a result of the trial Mr. Balanchuk was sentenced to 10 days of jail and fined 1 050 000 rubles (about $493). Thus, the authorities seem to start massive repressions against those who openly state their intention to take part in the election monitoring.

On 27 June the activist of the civil campaign European Belarus Yauhen Afnahel was preventively detained in Minsk. The police accused him of dirty swearing in public and composed a report under article 17.1, petty hooliganism. The following day Tsentralny district court of Minsk found the activist guilty and punished him with 10 days of jail. Earlier Afnahel was sentenced to 7 days of jail in absentia, for participation in the Labor Day demonstration which was held by the official trade unions near the National Library in the Uruccha suburb of Minsk. Now the activist will have to spend 17 days in prison.

5. Politically motivated dismissals from job and expulsions from educational establishments

On 12 June the court refused to rehabilitate at work Leanid Autukhou, the chairman of Haradok district organization of the Belarusian People’s Front Party. Autukhou was fired due to the expiry of the working contract. During the two days of trial Autukhou tried to prove that he was fired with violations of the law. In particular, he was informed about the dismissal in less than a month’s advance. Nevertheless, the head of the district court Alexander Liashkevich did not grant the activist’s petition for rehabilitation at work and compensation of the moral harm.

On 26 June Maskouski district court of Minsk considered the suit of the chair of the cultural commission of the BPF Party Franak Viachorka against the Belarusian State University, from which he had been expelled in February 2008 (he studied at the third year of the journalistic faculty). The judge Volha Husakova stated that the procedural norms were not violated during the expulsion and Viachorka’s complaint was filed after the expiry of the legal terms for it.

On 27 June Siarhei Yenin, first-year student of the philological faculty of Hrodna State University, was informed that there was prepared the order for his expulsion for ‘poor academic progress’. The student believes that the real reason for expulsion is his active public position. Mr. Yenin is the author of a number of works in history and economy, in which he criticized the Belarusian authorities. The student has also addressed the hotline of the directorate with critical remarks concerning the international exchanges.

The activist of the Belarusian Christian Democracy Party Hanna Antonava was expelled from the first year of the faculty of Belarusian philology of Minsk Pedagogical University. The reason is that the student applied to the authorities for permission to hold a picket in support of the political prisoner Alexander Kazulin. At the dean’s office Hanna was told that she studied in a state university and therefore was to support the policy of the state and the president.

6. Activities of secret services

KGB continues intimidating students. According to the youth activist Ales Halavach, a KGB officer tried to force him to collaboration during a talk at the dean’s office. In the case of refusal Halavach was threatened with expulsion from the Belarusian University of Culture, a five-year student of which he is.

7. Persecution of public, political and human rights activists

Similar to the Soviet times, the Belarusian authorities try to use the obligatory army service as a repressive tool against youth activists. The Belarusian students, who study abroad, are set down on the border and informed that they were prohibited to leave Belarus. Their surnames are introduced in the lists of the persons who are subject to temporary foreign travel restrictions by the military enlistment offices, who try to draft them to army service. The youth activist of the BPF Party Franak Viachorka was not let to Lithuania at the crossing point Kamenny Loh without any explanations. Meanwhile, Viachorka has passed a district medical commission and got a 6-month deferment of the army service because of an operation on eyes. The student Zmitser Buianau who studies at Hdansk University in Poland, was set down from train when returning to Belarus from Poland. He was told that he would not be let back because he was on a ‘black list’. However, the military enlistment office has a certificate from the university with translation in Belarusian. That’s why there the youngster was informed that he had a 12-month deferment from army service and he only needed to present such certificates every year. The head of the BPF youth wing Ales Kalita was confessed unfit for army service by a district medical commission. Nevertheless, the authorities do not give up the idea of drafting him to army service. That’s why at the military enlistment office he received direction to the republican medical commission, which Mr. Kalita is passing now.