Review-Chronicle of Human Rights Violations in Belarus in April 2010
The local council election was the main event
in April. According to information of Lidziya Yarmoshyna, Chairperson of the
Central Election Commission, 21,293 deputies were elected to local councils on
25 April. Among them there were nine representatives of democratic opposition, including
3 members of the Belarusian Christian Democracy Party, 5 members of the
Belarusian Party of Leftists Fair World
and 1 member of the Belarusian Social Democratic Party Hramada.
Participants of the monitoring campaign Human
Rights Defenders for Free Elections vigilantly watched all stages of the
electoral campaign and concluded that the general spirit of the campaign
corresponded to the previous ones. Likewise with the previous elections,
serious systemic retractions from the democratic standards were registered, for
which the Belarusian authorities had often received fair criticism. Thus, the
BDIHR/OSCE recommendations concerning democratization of the electoral process
remained actual. However, it was also noted that the amendments that were introduced
in the election legislation fostered to a certain extent the progress of the
national election legislation towards the international democratic standards.
First of all it concerns the abolition of strict limitations in the procedure
of nomination and registration of candidates for deputies.
At the end of April, the trial of the criminal case against the Vaukavysk
entrepreneurs Mikalai Autukhovich and Uladzimir Asipenka came to an end. There
were two more defendants in the case, former police lieutenant colonel Mikhail
Kazlou and Aliaksandr Laryn. The trial started at the Supreme Court on 10 March
and lasted for more than a month. On 20 April, following the court debates,
Prosecutor Eldar Safarau demanded that Autukhovich was sentenced to 20 years of
imprisonment with confiscation of property, U.Asipenka and A.Laryn – to 11
years of high security colony and M.Kazlou – to 3 years of general regime
colony with deprival of the right to occupy executive positions. M.Autukhovich
and U.Asipenka pleaded innocent and stated that they were persecuted because of
their anticorruption activities. Both had been kept in custody since 8 February
2009 and were charged with preparation of a terrorist act against high-rank
state officials and arson of a policeman's house.
Bear in mind that Mikalai Autukhovich, Uladzimir Asipenka and Yury Liavonau
were detained on 8 February 2009. In ten days, they were charged under Article
218 of the Criminal Code (deliberate destruction or anientisement of property).
On 20 November U.Asipenka and M.Autukhovich also faced charges in preparation
of a terrorist act. In the beginning of August Yu.Liavonau was released from
jail and on 24 September he was cleared of all charges.
The crackdown on independent media continued. During the press conference in
Minsk on 29 April, journalists of private media Sviatlana Kalinkina, Maryna
Koktysh, Natallia Radzina and Iryna Khalip reported ceaseless pressure on the
part of the state security services. Short before the press-conference, all of
them were interrogated at the Pershamaiski District Police Department of Minsk
in connection with a criminal case that had been instigated by the Homel Region
Procuracy concerning libelous web publications about Ivan Korzh, former head of
the Homel Region KGB Department. The computer system blocks and information
carriers that had been confiscated from the journalists still remained at the
disposal of the investigative organs. According to Natallia Radzina, editor of
the Charter'97 website, no
information libeling Ivan Korzh was found at the 8 computers that had been
confiscated from the organization office. However, more than 3,000 files with
words ‘dictatorship', ‘Jerzy Buzek' and ‘European Parliament' were found, as a
result of which another criminal case was instigated.
On 29 April extraordinary debates on Belarus took place in Strasbourg. The
Parliamentary Assembly of the Council of Europe (PACE) decided to suspend its
activities involving high-level contacts with the Belarusian Parliament and/or
the governmental authorities, having noted a 'lack of progress' towards Council
of Europe standards and a 'lack of political will' on the part of the
authorities to adhere to the Organization's values. The appropriate PACE
resolution also expresses regret concerning the recent events in the country
including the execution of Andrei Zhuk and Vasil Yuzepchuk, the situation of
the Polish minority and the absence of international observers during the local
election.
The American human rights organization Freedom House ranked Belarus 189th
place (out of 196) in freedom of press. As far as freedom of press is absent in
Belarus, the country traditionally occupies closing positions in such ratings.
On 6-8 April the 37th congress of the International Human Rights
Forum of the International Federation for Human Rights held by the
International Federation for Human Rights (FIDH) took place in Yerevan,
Armenia. It was attended by 300 delegates from different parts of the world
including the Belarusian human rights defenders Ales Bialiatski and Valiantsin
Stefanovich. During the congress, Ales Bialiatski, Chairperson of the Human
Rights Center Viasna, was elected for the second term as vice-president
of the FIDH by secret vote.
1. Electoral rights
On 2 April Heorhi Stankevich, a candidate for the Beshankovichy District
Council, received a warning from the district election commission for alleged
improper remarks concerning deputies of the district council of the 25th
convocation during his electoral radio speech. As a result, the speech wasn't
put on air.
On 6 April a member of the Belarusian Social Democratic Party Hramada Aleh
Ramashkevich, a candidate running at the Berastavitskaya election constituency
#18, lodged a complaint with the Central Election Commission against censure of
his speech and change of its air time by workers of the Hrodna regional radio
station. As a result of interference of the radio workers, the speech became
almost two minutes shorter as the most important expressions that formed its
core were deleted. The candidate asked the CEC to identify and punish the
guilty and provide him with an opportunity to appear at the regional radio
again. Meanwhile, on 30 April Ramashkevich was fined 875,000 rubles (about
$296) on charges of posting agitation leaflets in wrong places. Bear in mind
that Ramashkevich ran opposed by Chairperson of the Hrodna Region Executive
Committee Arkadz Karputs, Chairperson of the Berastavitsa District Council and
Chairperson of the Berastavitsa electricity network.
As it was discovered on 25 April, 4 candidates for deputies of the Chysts
Village Council, S.Bazhko, H.Kurylovich, S.Miroshnikau, and A.Ulchyts were also
members of precinct election commissions, which is a gross violation of the
electoral legislation. The complaint about this fact was lodged with the
Maladzechna District Procuracy at 3.20 p.m. on 25 April, after five days of
early voting and 7 hours of voting on the Election Day. As a result, the
election at these precincts was to have been declared invalid, and the
registration of these people as candidates was to have been annulled. However,
according to Lidziya Yarmoshyna, Chairperson of the Central Election Committee,
these persons were excluded from the election commissions and didn't
participate in the counting of the poll. As a result of such election,
violators of election legislation became 'deputies'.
On 26 April the Maskouski District Court of Minsk found Ales Taustyka,
Chairperson of the council of entrepreneurs of the Zhdanovichy market
guilty under Article 17.1 of the Administrative Code, 'disorderly conduct', and
fined him 175,000 rubles (about $59). The activist had been detained on 24
April at election precinct #27 of the Sukharauskaya election constituency #30
while observing the early voting as electioneering agent of an activist of the For
Freedom movement Ales Lahvinets, a candidate for the Minsk City Council.
Taustyka was kept at the delinquents' isolation center in Akrestsin Street till
the trial.
On 29 April democratic candidates for the Mahiliou Region Council Tamara
Maskaliova, Yury Novikau, Mikalai Rasiuk, Larysa Shukaila, Aliaksandr Silkou
and Yury Stukalau addressed the regional election commission with complaints
demanding to consider the election in their constituencies as invalid. The
reason was that none of their representatives were included in the precinct
commissions and they were deprived of the possibility to distribute agitation
materials in their constituencies. Moreover, independent observers were unable
to witness the counting of the poll.
2. Persecution of public and political activists
On 5 April the Leninski District Court of Minsk fined Andrei Krechka,
Chairperson of the BPF Youth, 700,000 rubles (about $236) under Article 23.34
of the Administrative Code, 'violation of the order of organizing and holding
mass events' for participation in the picket of solidarity with political
prisoners Mikalai Autukhovich and Uladzimir Asipenka on 16 April. The
unauthorized action took place near the Supreme Court during a court sitting on
the criminal case of the Vaukavysk entrepreneurs. Fines were also given to
other participants of the picket. Aleh Ladutska, an activist of the European
Belarus, was fined 700,000 rubles. In two cases, the court took into
account paragraph 6.5 of the Administrative Code, as a result of which Artur
Finkevich, the leader of the Young Belarus, and Yauhen Afnahel, an
activist of the European Belarus, received minimal fines – 17,500 rubles
(about $6) each.
On 14 April political draftee Franak Viachorka got an early discharge from
military service on medical grounds, having served 15 months (only three months
were left). By the way, as it was written in the final diagnose of the military
medics, F.Viachorka got a heart illness while serving in the army, that's why
he was convinced in having sufficient reasons to apply to court against
unlawful actions of the medics who had forged diagnoses during his drafting,
and members of the draft board by which he had been drafted. He also intended
to demand compensation from the military officers and medics who ignored his
state of health and discharged him from the army only after 15 months of
service.
On 20 April the Kastrychnitski District Court of Vitsebsk was to have started
the trial of the criminal case against civil activist Siarhei Kavalenka who had
hung out a white-red-white flag on the main New Year tree of Vitsebsk in the
beginning of January. The trial was delayed because the accused raised a
white-red-white flag in front of the court building right before it, and was
detained together with his younger brother Vital and Taras Surhan, an activist
of the Young Belarus.
On 21 April the Kastrychnitski District Court of Vitsebsk found the Kavalenka
brothers guilty under Article 23.34 of the Administrative Code ('violation of
the order of organizing and holding mass events') and sentenced Siarhei to 7
days of arrest and Vital – to 6 days. In addition, the former was fined 70,000
rubles (about $24) for alleged urinating in public. On 23 April, the court also
sentenced T.Surhan to 9 days of jail.
On 28 April the Tsentralny District Court of Minsk fined Aliaksei Atroshchanka,
Andrei Kuzminski and Mikhail Naskou 17,500 rubles under Article 23.34 for
having come to the Kastrychnitskaya Square with banners 'We demand passing
Bakiyeu to the Kyrgyz people and 'No – to dictators of the whole world'. The
action lasted for several minutes only, after which all participants were
detained by the police and guarded to the Tsentralny District Police Department
of Minsk where they were given administrative charges. They were kept at the
delinquents' isolation center in Akrestin Street during the night before the
trial.
On 30 April workers of the crime detection section of the Navapolatsk Town
Police Department conducted a search at the office of human rights defender
Zmitser Salauyou. This investigative measure was sanctioned by the town
prosecutor and was conducted within the frames of a criminal case under article
341 of the Criminal Code – 'defilement and anientisement of buildings',
concerning the appearance of Nazi inscriptions on the town walls. As a result,
police confiscated a computer system block, CDs, white-red-white flags and many
printed materials. All this was done despite the fact that during the last two
years Salauyou had repeatedly applied to the procuracy in connection with
activaties of neo-Nazis in Navapolatsk. A similar search took place in
Salauyou's office before the presidential election of 2006, and the confiscated
computer equipment still hasn't been returned to the owner.
3. Freedom of word and the right to impart information
On 1 April the Shchuchyn police detained Mechyslau Yaskevich, Deputy
Chairperson of the unrecognized Union of Poles in Belarus (headed by Anzhalika
Borys), and Veranika Sebastsianovich, Chairperson of the association of
veterans of the Polish Army and the World War II, on the highway –
Hrodna-Minsk not far from Shchuchyn.
Police examined their car and confiscated 450 copies of Magazyn Polski na
Uchodzstwie, a magazine issued by members of the unrecognized Union of
Poles.
In April police detained the personal car of Viktar Ramniou, manager of the
private Unitarian enterprise Vitebskiy Korund and founder of the Vitebskiy
Kuryer and Nash Dom newspapers several times. On 1 April they
confiscated from him 53 copies of Vitebskiy Kuryer and drew up a
violation report under Article 22.9, part 2 of the Administrative Code,
'distribution of periodicals containing no imprint', though the newspapers had
imprint on the back page. On 8 April the road police stopped the car on the way
from the Smolensk printing house where the newspapers were printed. The car was
guarded to the Horki District Police Department, where 10,000 copies of the
newspaper were confiscated and another report under Article 22.9 was drawn up.
Bear in mind that Ramniou had been already fined a large sum of money in March
for distribution of private editions, because police qualified as distribution
the mere transportation of newspapers from Russia and stated that a special
permission was necessary for distributing the editions which were registered in
Russia.
The Homel newspaper Silnye Novosti Gomelya was denied
registration by order #43 of 1 April 2010 signed by the Information Minister,
Aleh Praliaskouski. He explained the refusal by stating that the registration
documents contained false information about the service record of a Homel
journalist Tatsiana Bublikava (the chief editor), and her qualification didn't
correspond to requirements of the reference book Positions of Workers of
Periodicals. Piatro Kuzniatsou, manager of the Unitarian enterprise Drukavanaye
Slova, said: 'The refusal to register the edition with the state means a
ban on the profession of journalist. People cannot get 5 years of service
record as editors if they aren't allowed to head newspapers.'
On 18 April the General Assembly of the European Federation of Journalists
adopted an urgent resolution on freedom of the press in Belarus. The European
journalist community expressed solidarity with its Belarusian colleagues and called
on the Belarusian authorities to stop the discrimination of private media, give
them full access to information and put the national legislation in line with
international standards.
On 22 April the Belarusian Association of Journalists received an answer from
the Homel Region Procuracy to an inquiry concerning a series of searches and
interrogations of journalists. The answer of the deputy prosecutor runs that no
violations were found in the investigation of the criminal case concerning
libel in the internet against Ivan Korzh, former Chairperson of the Homel
Region KGB Department, that's why there were no grounds for prosecutorial
reaction. Bear in mind that in the beginning of March the BAJ had addressed
Prosecutor General Ryhor Vasilevich with an open letter where it was stated
that such actions were a rude crackdown on freedom of word. The General
Procuracy forwarded the letter to the Homel Region Procuracy for consideration
on its merits. As a result, the letter got to Prosecutor Valiantsin Shayeu, who
had sanctioned some of the aforementioned searches in journalists' apartments.
On 19 April Judge of the Beshankovichy District Court Volha Belavus found
Heorhi Stankevich, a member of the organizing committee of the Belarusian
Christian Democracy Party running for the Beshankovichy District Council,
guilty under Article 22.9 of the Administrative Code, 'violation of the Law On
press and other mass media and fined him 700,000 rubles ($236) for
distribution of the self-published newspaper Kryvinka. Bear in mind that
Mr.Stankevich issued and distributed the newspaper for five years and hadn't
received any punishments for it before the election campaign.
4. Politically motivated criminal persecution
On 2 April officers of the Pershamaiski District Police Department of Minsk
interrogated Ruslan Matsveyeu as a witness within the frames of a criminal case
concerning political graffiti. At first, investigator Smirnou asked the
youngster about his participation in youth organizations and then – what he had
been doing at night of 11-12 March, when political graffiti had been made on
the fence and the walls of the Pershamaiski District Court of Minsk. The
investigation took Matsveyeu's fingerprints, saliva sample for DNA analysis and
proposed him to undergo examination by polygraph.
On 16 April, coordinator of the For Freedom movement in the Hrodna
region Ales Zarembiuk was detained at an exit from the town of Ashmiany. At the
same time, his apartment and the apartment of his parents were searched within
the frames of the criminal case that had been instigated against him on charges
in defraud (he had allegedly borrowed some money and didn't return it). Ales
Zarembiuk stated that all these actions were connected to his participation in
the local council election. Prior to this, he had to visit the local KGB
department, whose officers tried to accuse him of unlawful trade of foreign
visas. Before this, they spoke of pushing drugs and rape.
The trials of the criminal cases instigated for alleged evasion from military
service continued in April. The Minsk District Court considered the case of
Ivan Mikhailau, believer of the community of Messianic Jews New Testament,
who refused to serve in the army for religious reasons. At the court sitting of
28 April, Prosecutor Pastukhova stated that Mikhailau violated Article 435 of
the Criminal Code of the Republic of Belarus and demanded to fine him 7 million
rubles (about $2,360). Bear in mind that I.Mikhailau had been sentenced to
three months of arrest on this very article and had served almost the whole
term of the arrest before his release resulting from the abolishment of the
verdict by the cassation instance. Amnesty International declared
Mikhailau prisoner of conscience.
On 26 April the Tsentralny District Court of Homel considered the criminal case
against Yauhen Yakavenka, a member of the Belarusian Christian Democracy Party.
The court listened to explanations on the merits of the issued charges. The
court ignored the fact that Yakavenka had been already acquitted of the same
charges within the limits of an administrative case, and paid no attention to
the defendant's repeated demands to be assigned to alternative civilian
service. The motion of Yakavenka's counsel about summoning additional witnesses
was declined. The next court sitting was appointed on 12 May.
At the end of April, the General Procuracy instigated a criminal case
concerning commentaries to the article about veterans of the war in Afghanistan
that had been reprinted by the Charter'97 website from Sovetskaya
Belorussiya, the mouthpiece of the Presidential Administration. In this
article, a Vaukavysk entrepreneur, veteran of the war in Afghanistan Mikalai
Autukhovich was denigrated by a representative of the official organization of
veterans of the war in Afghanistan. More than 100 commentaries condemning the
author of the article appeared at www.charter97.org as a result. Nevertheless, the case
included only two veterans of the war in Afghanistan, Aleh Vouchak and
Aliaksandr Kamarouski, who are well-known for their democratic views and active
civil position.
5. Freedom of association
On 22 April the Supreme Court of Belarus
started consideration of the complaint of founders of the Belarusian Assembly
of NGOs concerning the refusal of the Ministry of Justice to register it with
the state. The sides and members of the public took the floor. Representatives
of the ministry merely repeated their argument that associations could consist
only of organizations having a common subject of activities. ‘However, it
contradicts to the existing practice of registration of associations in
Belarus', stated lawyer Yury Chavusau. ‘This argument is evidently unlawful, as
it deprives the Assembly of any opportunity to obtain the state registration'.
The next court sitting was scheduled for 4 May. Ihar Milto, Judge of the
Supreme Court, asked the ministry to pass him the registration documents of the
Assembly.
6. Activities of security services
On 7 April Maryna Yauseichyk, a student of the faculty of journalism of
Belarusian State University, received a telephone call from a man who
introduced himself as KGB officer Zmitser. He insisted on her coming to the KGB
department for a talk the following day. When she tried to object, he said that
he needed to question her concerning the explosion that had taken place in
Minsk on 4 July 2008.
He phoned again in the morning on 8 April and asked whether she would come to
the meeting. Maryna didn't know how to behave in such a situation and agreed to
meet with him. The talk lasted for three hours. The KGB officer eventually took
out his laptop and showed her a video from the congress of the World
Association of Belarusians Baćkaŭščyna
where she could be seen. Then he proposed to help Maryna in solving the
possible problems arising from this fact in exchange for her collaboration.
Being under such psychological pressure, she signed the paper. ‘At the same
time, I understood that I don't want and will not cooperate with them and all I
needed was to be in time for the bus and to forget about this unpleasant
meeting as soon as possible,' she said.
On 23 April Yury Karmanau, a Belarusian correspondent with the Associated Press information agency,
received a telephone call from a man who introduced himself as KGB officer Aleh
Anatoliievich. The KGB officer invited him for a conversation concerning his
recent visit to Kyrgyzstan. Karmanau had been in Kyrgyzstan on a mission of the
Moscow editorial board of the Associated
Press on 8-19 April, elucidating the coup d'etat there. The journalist
refused to come to any ‘conversations' without an official writ.
