Review-Chronicle of Human Rights Violations in Belarus in October 2010
In
October participants of the campaign Human
Rights Defenders for Free Elections observed the following stages of the
electoral campaign – the collection of signatures in support of the potential
candidates for President (ended on 29 October) and the nomination of candidates
to precinct election commissions, one of the key mechanisms of the electoral
process that directly organizes the voting and the counting of votes. 11
pretenders for presidency passed more than 100,000 signatures to territorial
election commissions. 10 of them were registered as candidates and continued
taking part in the electoral race. Observers of the campaign continued registering
cases of violation of the electoral legislation by administrations of state
enterprises and organs which manifested in collection of signatures during
working hours and forcing in the process of collection of signatures. The
nomination of candidates for precinct election commissions ended on 31 October.
An insignificant number of representatives of oppositional parties were
included in them (about 0.25% of the total number). Territorial election
commissions denied observers in observing the verification of signatures for
the nomination of candidates.
The European Parliament once again called on Belarus to introduce a moratorium
on the death penalty. This is stated in the Resolution that was adopted on 7
October and dated to the World Day against the Death Penalty, 10 October.
Peaceful street actions against the death penalty were held not only in
Belarus, but also in some foreign countries that day. Representatives of the
civil campaign Human Rights
Defenders Against Death Penalty handed out booklets, stickers and leaflets. An informational chain was
held by human rights defenders wearing T-shirts with the inscription ‘Say No to
Death Penalty' in the center of Minsk, near the metro station Kastrychnitskaya. A concert against the
death penalty was held in Vilnius. Such NGOs as Belarus Watch and the Belarusian Human Rights House joined the
campaign. In October the petition against the death penalty was also signed by
the Minister of State at the Foreign Office of Great Britain Jeremy Browne and
the Apostolic Visitor for Belarusian Greek-Catholic faithful abroad, reverend
Aliaksandr Nadsan. About 50 documents in Russian, English and German (books,
brochures and periodicals) were presented at the topical book exhibition Death Penalty: Cost of Life and Limits of
Law at the National Library of Belarus on 8 October. The exhibition Death Is Not Justice was held at the
Museum of History of World War II the same day. Exhibited were 100 posters
chosen within the guidelines of the contest under the patronage of Secretary
General of the Council of Europe, Thorbjørn Jagland.
On 26 October the International Federation for Human Rights (FIDH) and its
member organization in Belarus, the Human Rights Center Viasna, adopted a joint statement to express their concern with the
aggravation of repressions towards activists of the anarchist and antifascist
youth movement. The statement emphasizes that the investigative organs grossly
violated the rights of detainees. In particular, in some cases their right to
defense was violated – the lawyer of Aliaksandr Frantskevich couldn't find
about the whereabouts of his client for three days. Cases of psychological
pressurization were registered as well. As a result, Tatsiana Semianishchava tried
to cut her veins with a stationery knife during an interrogation in custody
after a repeated detention. Pavel Charnyshenka and Siarhei Sliusar had been
detained in September on suspicion in an assault on the Embassy of the Russian
Federation, and in the night of 16-17 October they were detained on suspicion
in relation to an attempt to set on fire the KGB building in Babruisk. The
International Federation for Human Rights and the Human Rights Center Viasna
demanded that the authorities stopped the unlawful actions and immediately
released the detainees.
On 25 October the Council of Europe extended sanctions against 41 high-rank
Belarusian officials including Aliaksandr Lukashenka till 31 October 2011. The
moratorium on sanctions towards 36 officials was extended as well. Thus, the
sanctions concern Chairperson of the Central Election Commission Lidziya
Yarmoshyna, a former Prosecutor General Viktar Sheiman, former internal
ministers Uladzimir Navumau and Yury Sivakou and a former commandant of the Minsk
riot police Yury Padabed. These five persons aren't covered by the moratorium
and cannot be admitted to the territory of the European Union. The document of
the Council of Europe calls on the Belarusian authorities to hold the
presidential election in line with norms and standards of the international
legislation.
Belarus occupies the 154th out of the 178 places in the yearly
rating of the international organization Reporters without Borders.
1. Freedom of association
On 15 October the Minsk City Economic Court suspended the registration of the
informational-consulting institution Right Alliance. The lawsuit for the
dissolution of this institution was filed by the Minsk City Executive Committee
which accused the Right Alliance of holding actions that weren't set
forth in its charter. The officials also presented to the court print-outs from
websites in which it was stated that the organization pursued political
objectives. Meanwhile, the Right Alliance is known by its social
activities including pickets against alcohol and drug abuse.
On 12 October the Brest Region Court left standing the ruling of the main
justice department of the Breast Region Executive Committee by which the
regional human rights organization Brest Spring (Berastseiskaya
Viasna) was denied registration because of a technical mistake made by the
local internal affairs department. The founders of the organization consider it
as an evident violation of their right to association.
On 12 October the Minsk City Economic Court granted the lawsuit of the Minsk
City Executive Committee for the dissolution of the research and educational
institution Movement Forward which carried out the civil campaign Speak
Truth! The head of the institution and the pretender for President
Uladzimir Niakliayeu stated that Speak Truth! would continue its
activities anyway.
On 21 October the Salihorsk District Executive committee refused to register
the primary organization of the Belarusian Independent Trade Union of the Detla
Styl Ltd. for the third time. The official referred to discrepancies in the
filed documents and violations of the law. Deputy Chairperson of the Belarusian
Independent Trade Union considers these reasons as far-fetched. The
administration of the BITU decided to appeal this violation of the right to
association at court and hold a picket in Salihorsk. The Belarusian Congress of
Democratic Trade Unions also informed the International Labor Organization
about this fact.
On 25 October the Ministry of Justice of Belarus refused to register the Party
of the Belarusian Christian Democracy referring to alleged inaccuracies in the
filed documents and the results of the phone questioning of the founders during
which some of them had allegedly refused from the participation in the BCD. It
was the third registration denial to the party. Co-Chairperson of the BCD Pavel
Seviarynets called it politically motivated and stated about the pressurization
of the founders of the party by the authorities. Moreover, the Ministry of
Justice failed to answer the application for registration in the legally
required terms – the BCD had filed the registration documents on 19 September
and was to have received an answer by 19 October.
2. Politically motivated criminal cases
On 19 October the Savetski District Court of Minsk finished judging Mikhail
Bashura for the alleged repeated forgery of the income certificate. Prosecutor
Halina Korneva demanded to sentence Mr.Bashura to 6 months of arrests, while
his counsel Tamara Sidarenka asked the court to justify him because of the
absence of evidence of his guilt. However, the court found the defendant guilty
under two parts of Article 380 of the Criminal Code and fined him 17,500,000
rubles (about $5,833). Human rights defenders consider this case as politically
motivated.
On 26 October the Minsk City Court considered the appeal against the verdict of
the Tsentralny District Court of Minsk concerning a student of the European
Humanities University Mikalai Dziadok. The appeal was turned down and Dziadok
was left in custody. Moreover, the investigation extended the term of his
detention till 24 December. Mikalai Dziadok had been detained in the beginning
of September on suspicion in an assault on the Embassy of the Russian
Federation in Minsk. However, on 1 October he was charged with participation in
the rally near the Joint Staff of the Ministry of Defense which was held to
protest against the joint military training of the Belarusian and the Russian
military troops West-2009. On 24 September M.Dziadok was transferred
from the detention center in Akrestsin Street to the pre-trial prison in
Valadarski Street where he is awaiting trial. The Human Rights Center Viasna
is convinced that though this rally was accompanied by an insignificant
violation of the public order (throwing of a smoke pot to the territory of the
Joint Staff), it was essentially peaceful. That's why human rights defenders
disagree with the qualification of these actions as a violation of Article 339,
part 2 of the Criminal Code, 'hooligan actions by a group of individuals', and
consider the detention of M.Dziadok and other suspects on this incident as
arbitrary. They especially emphasize the fact that Mikalai Dziadok was
re-detained for 3 days (during which one can be kept in custody without getting
any charges) 7 times! The Human Rights Center Viasna considers such
indefinite detention as a gross violation of the process legislation and legal
rights of the detainees.
A former Ambassador and Minister of Foreign Economic Relations Mikhail
Marynich, participant of the presidential electoral campaign in 2001 and
political prisoner, received an answer from the UN Human Rights Committee.
According to this document, the trial of Marynich in 2004 for alleged theft of
computer equipment that belonged to the Embassy of the United States in Minsk
wasn't fair and independent. The committee believes that the court proceedings
were vigilantly watched by security services, the judges gave a tendentious
assessment of evidence and testimonies, and the whole case was a political lynching.
Moreover, the Committee states that M.Marynich was subject to torture, inhuman
and degrading treatment and obliged the Belarusian State to provide Mikhail
Marynich with the necessary medical treatment, including the payment of an
appropriate compensation, and initiate criminal proceedings for bringing to
legal account those who are guilty of the improper treatment.
3. Persecution of public and political activists
Yauhen Yakavenka, a member of the Belarusian Christian Democracy who had been
sentenced to 1 year of personal restraint in June 2010 for refusing to serve in
the army because of his pacifist views and then - granted parole in connection
with the 65th anniversary of the victory over the Nazi troops,
passed medical examination in October on demand of the military enlistment
office. The authorities were again trying to draft him into the army. That's
why Yakavenka lodged applications with the Ministry of Defense, the Chamber of
Representatives and General Procuracy to turn their attention to the fact that
the practice of criminal punishment of persons who would like to be assigned to
alternative civilian service instead of military service continued in Belarus.
Yauhen asked the officials to discriminate in the situation and take adequate
measures, referring to an order of the Prime Minister about the preparation of
the draft law On alternative civilian service. He was answered with
usual runarounds. For instance, the military commissioner of the Homel District
Executive Committee, colonel Yafimchyk, wrote that 'correspondence with you on
the given matter is stopped' as an exhaustive answer had been given earlier.
Ya.Yakavenka also filed a complaint with the Savetski District Court of the
Homel City Military Commissariat, asking to ensure his legal right to be
assigned to alternative civilian service. However, on 21 October the court
refused to bring civilian proceedings referring to Article 246, part 2 of the
Civil Process Code as 'the order of the extrajudicial resolution of the case
hasn't been implemented'. In the letter from the Chairperson of the Commission
on labor, social defense, affairs of veterans and a disabled Laurukevich it is
stated that the Commission has no information about the placement of the draft
law On alternative civilian service on the agenda of the Chamber of
Representatives of the National Assembly.
On 2 October in Nezalezhnastsi Square near St. Symon and Alena Church the
police detained four activists of an unregistered youth organization Young
Front who were handing out invitations to the everyday actions in defense
of St. Joseph Church. The detainees were guarded to the Maskouski District
Police Department, allegedly for 'identification'. There they had to give
explanations and were kept for more than 3 hours without being given any
charges. Moreover, police summoned their parents and threatened them and their
children with trouble at places of work and study. The detained activists
lodged complaints at the unlawful actions of the police.
4. Freedom of word and the right to impart information
On 1 October Judge of the Leninski District Court of Mahiliou Stanislau
Shandarovich found human rights defender and journalist Valery Shchukin guilty
under Article 22.9, part 2 of the Code of Administrative Offenses, 'production,
delivery and distribution of printed materials that were produced with
violations of the Belarusian legislation' and fined him 1,050,000 rubles (about
$350). Shchukin had been detained on 8 August. Police searched his car and
confiscated 24,000 copies of the newspaper Nash Dom and 5,500 brochures
dedicated to women's rights.
On 8 October the police detained the car of the chief editor of the Vitebskiy
Kuryer Viktar Ramniou near the town of Liozna and confiscated from him
11,000 copies of the newspaper he transported to Vitsebsk from a printing house
in the Russian town of Smolensk. Vitebskiy Kuryer is registered in the
Russian Federation, but is distributed in the Vitsebsk region. On 12 October
Judge of the Liozna District Court Antanina Afanas'eva found Ramniou guilty of
unlawful distribution of the newspaper (Article 22.9, part 2 of the Code of
Administrative Offenses). During the trial she declined more than ten motions
of the defendant and didn't let human rights defender Pavel Levinau represent
his interests. V.Ramniou and his comrades left the court hall in protest, as a
result of which the verdict was read in their absence. Ramniou was fined
1,225,000 rubles (about $408). Bear in mind that he had been fined large sums
of money for the 'distribution' of private socio-political editions several
times already, though he just transported them in his car.
On 27 October in Zhodzina the police came to the working place of civil
activist Andrei Zubra and guarded him to the police station, and then – to court.
A month ago Zubra had been detained with 216 copies of a private
socio-political edition Tut I Tsiaper and received charges under Article
22.9 of the Code of Administrative Offenses as a result. Judge of the Zhodzina
District Court H
rynkevich considered the case and ruled that the
police report didn't correspond to the essence of the offense set forth in
Article 22.9, part 2. As a result, the case was returned for revising by the
Zhodzina Town Police Department.
5. Freedom of peaceful assemblies
The Belarusian authorities banned non-state trade unions to hold street actions
dated to 7 October, the World Day for Decent Work. In particular, the Mahiliou
City Executive Committee explained the ban by saying that the places that were
chosen for the pickets didn't belong to the list of the places that had been
determined for such actions by the Committee. Free Trade Union of Steelworkers
intended to hold a street action in Vaneyeu Street, near the 50-hoddzia
Kastrychnika Park in Minsk. However, the Minsk City Executive Committee
prohibited the action alleging that the picket could hinder the movement of
pedestrians. Polatsk became the only Belarusian town where trade union
activists were allowed to hold a street action.
On 11 October gays and lesbians of the world mark the Coming Out Day – the day
when representatives of sexual minorities voluntary reveal their sexual
orientation. Belarusian gays and lesbians marked this day by holding a street
action in Minsk. Though they had applied for an official permission on the eve
of the action, the Minsk City Executive Committee didn't sanction the rally.
Ten representatives of sexual minorities walked with a rainbow flag from the
metro station Kupalauskaya to the metro station Niamiha and back.
Siarhei Pradzed remained in Kastrychnitskaya Square. He told passers-by about
the situation of human rights in Belarus. In about 30 minutes he was approached
by riot policemen. The picketer was detained and guarded to the Tsentralny
District Police Department of Minsk, where he faced charges under Article
23.34, part 3 of the Code of Administrative Violations, 'violation of the order
of organizing and holding mass events'. After an interrogation he was taken to
the delinquents' isolation center in Akrestsin Street, where he spent the
night. In the morning he was tried by the Tsentralny District Court of Minsk
and fined 700,000 rubles (about $233).
6. Freedom of conscience
On 14 October the Protestant Church New Life held a round table to
protect freedom of conscience. The event was attended by the church
administration, lawyers, human rights defenders, politicians and journalists.
Participants of the round table adopted a resolution which urged the Belarusian
authorities to stop persecution of Pastor Viachaslau Hancharenka and the church
parishioners and ensure realization of the constitutional right to freedom of
conscience. International community and human rights organizations, in their
turn, were called to express solidarity with the believers and all Belarusian
citizens who struggled for freedom of conscience. Participants of the round
table decided to pass the resolution to the Presidential Administration, the
Chamber of Representatives of the National Assemblies, the commissioner on
religious and nationalities, the European Parliament, the Minsk OSCE office and
international human rights structures.
7. Death Penalty
On 4 October Sviatlana Zhuk, the mother of an executed death convict Andrei
Zhuk, appealed at the Leninski District Court the refusal of the Penal Department
of the Ministry of Internal Affairs to inform her about the place of the burial
of her son. The Department referred its refusal to Article 175 of the Criminal
Code, according to which 'the body is not given out for burial and the place of
the burial is not announced'.
On 5 October activists of the campaign Human Rights Defenders Against Death
Penalty Palina Stsepanenka and Iryna Toustsik were detained at the frontier
point Kamenny Loh. They were set out of a bus Vilnius-Minsk.
Officers of the Ashmiany customs office seized from them informational booklets
and stickers concerning the death penalty and said that these items would be
directed for a check-up. However, nothing has been returned so far.
A resident of Brest Sniazhana Neudakh, mother of three children, submitted two
written applications to President asking him to help Sviatlana Zhuk in
receiving information about the place of burial of her son. She is convinced
that it could be a demonstration of humanity from the side of the authorities.
A Brest human rights defender Raman Kisliak received a negative answer from the
Ministry of Internal Affairs of Belarus to his request to abolish the law about
the secrecy of the time of execution and the places of burial of death
convicts.
8. Electoral rights
On 16 September the civil campaign Human Rights Defenders Against Death
Penalty started an independent monitoring of the electoral process to find
whether presidential election 2010 corresponded to the national legislation and
international standards of free and democratic elections. The campaign imparted
information about the registered violations and its conclusions both in Belarus
and abroad. The most important conclusions of the monitoring were presented in
the weekly reviews and reports about each stage of the election which were
placed to the websites of the Belarusian Helsinki Committee and the Human
Rights Center Viasna.
Since the beginning of the electoral campaign, lawyers of Human Rights
Defenders for Free Elections helped to file 238 complaints, just 9 (3.8%)
of which were granted as of 31 October, including some complaints concerning
the rulings of the local administrations to determine the places which were
banned for picketing. Neither the Central Election Commission, nor any lower
commissions granted any complaints concerning violations of the electoral
legislation by members of the campaign team of Aliaksandr Lukashenka.
9. Prison conditions
Political prisoner Mikalai Autukhovich who is currently serving a
five-year prison term still hasn't received prosthodontic treatment despite all
his applications to the administration of the penal colony. Human rights
defenders learned it after his meeting with wife: she even passed him a blender
as he can't chew food on his own.
10. Labor rights
On 20 October the administration of a private newspaper Vecherniy Bobruysk offered
a member of the Belarusian Association of Journalists Dzmitry Rastayeu to write
an application for going on vacation. The reason was an 'insistent wish' of the
Babruisk Town Executive Committee. The Deputy Chairperson of the Babruisk TEC
on ideology showed to the founder of the newspaper a selection of printouts
from Rastayeu's account in the social net LiveJournal and the private
newspaper Belhazeta where Rastayeu's articles were published as well.
'You should understand: either Rastayeu will stop publishing anything anywhere
except your newspaper, or... Think about the newspaper', said the official.
On 25 October an accident happened at a woodworking plant of the Holding
Company Pinskdreu. According to the press-service of the Ministry of
Emergency Situations, an explosion of the mixture of dust and air at the
workshop of fire-wood granules occurred as a result of violations of the regime
of equipment operation. The Brest Region Procuracy brought a case under Article
302, part 2 of the Criminal Code, 'violation of the rules of industrial and
technical discipline and safety regulations at enterprises with a high risk of
explosion'. According to workers of the enterprise, they repeatedly applied to
the administration with questions about the safety of their work, pointing at a
high concentration of wooden dust in the air. However, workers of the
laboratory insisted that the norms weren't exceeded and the indicators corresponded
to them. As of 1 November, 14 people died and 6 continued getting medical
treatment in hospitals.
On 1 November the Council of the Belarusian Congress of Democratic Trade Unions
issued an official statement titled National Tragedy Against Background of
Silence of Authorities. 'We don't consider this tragedy as a mere
coincidence. We conduct a continuous monitoring of the safety conditions at
various enterprises and have all reasons to state that Belarus is on the brink
of a man-caused disaster,' reads the statement. The BCDTU also paid respects to
families of the dead.
