Weekly review of post-election situation in Belarus (March 21-27)
On 22 March, two Minsk courts opened the hearings on politically motivated criminal cases: Young Front leaders Zmitser Dashkevich and Eduard Lobau faced charged for malicious hooliganism and were eventually convicted (Dashkevich was sentenced to 2 years and Lobau – to 4 years in a high-security penal colony). The trial of youth opposition activist Mikita Likhavid accused of participation in the 19 December 2010 mass riot was postponed till 29 March. An unprecedented number of police employees (31) act as victims in the case.
The historic 25 March Freedom Day anniversary was marked by harsh repressions against opposition and independent media. Meanwhile, the authorities banned all opposition rallies across the country, preventing local activists from going to Minsk. Two journalists were sentenced to administrative arrests – Aliaksandr Lashmankin (editor of the Russian Svoboda news agency) and BelaPAN Mahiliou reporter Ales Asiptsou. Another journalist Uladzimir Laptsevich is currently in custody awaiting trial on similar charges.
Politically motivated criminal prosecutions
On 21 March, Minsk KGB detained three more suspects in the mass riot criminal case: Vital Matsukevich, Aliaksei Sharstou and D. Huseltsau, reports the Belta official news agency, saying that the investigators “have drawn a line under defining the persons who provoked the riotous damage in Minsk Nezalezhnastsi Square on 19 December 2010 and directly participated in it.”
Apart from that, Belta reported that former presidential candidate Mikalai Statkevich charged with the riot organization finished studying his case file. The politician is said to have “signed a paper – the first signed paper over the three months of preliminary investigation.”
On 25 March, former presidential candidate Andrei Sannikau was officially charged with organizing the mass riot (Par. 1 Art. 293 of the Criminal Code).
Another former presidential candidate Dzmitry Us, charged with staging mass riots, filed a complaint against an alleged libel committed by an investigator, who reportedly perverted the initial charges.
On 22-24 March, Minsk Maskouski District Court considered the criminal case of Young Front leaders Zmitser Dashkevich and Eduard Lobau facing charges of malicious hooliganism allegedly committed on 18 December 2010. As a result, Judge Mrs. Alena Shylko sentenced Dashkevich to 2 years in a general-security prison and Lobau – to 4 years in a high-security penal colony.
The case, although formally not affiliated with the 19 December 2010 events, is directly linked to the rest of the charges, as on 18 December 2010 the KGB attempted to detain the Young Front activists to isolate them ahead of the anticipated post-election protest. It wasn’t until the following day that it became known that the youths allegedly committed a grave offence. Analyzing the progress of the trial, human rights defenders concluded that the court hearing had an evident accusatory tendency, with crucial defense motions being dismissed. The absence of the victims in the courtroom failed to secure their full-fledged examination. The court failed to take all measures possible to secure a full, thorough and unbiased investigation into the case, which casts doubt upon the justice of the verdict. There was no conclusive evidence of Dashkevich and Lobau’s guilt in the case file.
The consideration of the case of Mikita Likhavid, charged with involvement in the mass riot, was opened by Minsk Maskouski District Court on 22 March. The hearing was chaired by Judge Mrs. Natallia Pykina. 29 out of 31 alleged police victims were present in the courtroom. The allegations of the bodily injuries of the majority of victims were not confirmed by the medical examination results. Moreover, none of the victims claimed that he was injured by Mikita Likhavid. The trial was postponed till 29 March due to the inability of the defense lawyer to appear in court. Mikita Likhavid’s parents insist on prosecution of policeman Aliaksandr Bahdanau, who had drawn up an arrest report against Mikita Likhavid, although he did not detain the activist himself. Nor did he see what Likhavid was doing in the Square.
On 25 March, Minsk City Court upheld the verdict to Vasil Parfiankou, convicted of participation in the 19 December mass riot and sentenced to 4 years in a high-security prison.
Detention conditions and torture claims
On 22 March, for the first time since 29 December 2010, UCP leader Anatol Liabedzka, currently in custody in the KGB pre-trial prison, had an opportunity to meet with his lawyer. On 25 March, another KGB prisoner Pavel Seviarynets was visited by a legal counsel. This was his second meeting with a lawyer during his three-month detention: on 29 December he had a meeting with advocate Pavel Sapelka, later deprived of his lawyer’s license. Zmitser Bandarenka, coordinator of the European Belarus civil campaign, also had the first meeting with a lawyer in three months. He earlier could see his counsel during interrogations, but was not allowed to discuss the case details. The prisoner has serious health problems: due to a spinal problem he can’t use his leg and has pelvic problems.
On 22 March, a famous journalist and political analyst Aliaksandr Klaskouski, the father of former police officer Klaskouski, arrested on suspicion of involvement in the 19 December 2010 events, received an official reply to his letter published in the Narodnaya volya newspaper on 11 March, which stated that “as a result of an inspection carried out on 14 March 2011, Mr. A. Klaskouski made no complaints of detention conditions in the KGB pre-trial prison, as well as of the KGB staff.”
Following public torture claims by former presidential candidate Ales Mikhalevich, a number of Vitsebsk activists filed an appeal with the General Prosecutor’s Office demanding to inspect detention conditions in the KGB prison. However, the General Prosecutor’s Office redirected the appeal to Minsk City Prosecutor’s Office, applying a formalist approach to the matter.
The convicted Aliaksandr Atroshchankau was transferred from the KGB pre-trial prison to Minsk pre-trial prison in Valadarski Street. On 22 March, he turned 30.
The convicted Aliaksandr Malchanau was transferred to Mahiliou penal colony. His parents say he is going to appeal the verdict.
Detentions and administrative punishments of pro-democratic activists
On 22 March, activists Ryhor Astapenia and Ivan Shyla were detained outside Minsk Maskouski District Court for staging a picket of solidarity with Young Front leaders Dashkevich and Lobau. The following day, Minsk Maskouski District Court sentenced Astapenia to a 10-day administrative arrest (Judge Tatsiana Matyl) and Ivan Shyla – to 13 days of arrest (Judge Yauhen Khatkevich).
On 25 March, Vitsebsk Chyhunachny District Court found Siarhei Kavalenka guilty of disorderly conduct and staging of an unauthorized picket. The activist was detained with three white-red-white flags on 24 March. Judge Alena Tsyhankova sentenced Siarhei Kavalenka to 7 days of arrest.
Vitsebsk independent press distributor Barys Khamaida received two BYR 1,050,000 fines within a week – on 23 March and 25 March.
Restrictions on freedom of speech
On 22 March, The KGB agents detained Radio Racyja reporter Barys Haretski during the consideration of the criminal charges against Mikita Likhavid in Minsk Partyzanski District Court. The journalist was released after an interrogation and a warning of a possible prosecution for participation in the 25 March rally.
On 23 March, the Supreme Economic Court began the consideration of the appeal by the editorial board of the Narodnaya volya newspaper lodged against a warning issued by the Ministry of Information on 14 January for a publication, which allegedly disseminated information on behalf of an unregistered organization (Art. 38 of the Media Law). The hearing will be resumed on 28 March.
Andrzej Poczobut, journalist of the Polish Gazeta Wyborcza newspaper was not allowed to leave Belarus, as he was going to attend the conference “How Do We Democratize Belarus?” in Warsaw on 24 March.
On 24 March, Judge Inna Kokhava of Orsha District Court found Alexander Lashmankin, editor of the Russian Svoboda human rights news agency, guilty of disorderly conduct and sentenced him to a 3-day administrative arrest. The journalist had been detained on a train in Orsha on suspicion of drug trafficking. However, he was later charged with using foulf language and swaying his hands.
On 24 March, Mahiliou police detained independent journalist Ales Asiptsou for alleged urinating in a public place. The journalist was sentenced to three days of administrative arrest.
On 25 March, another journalist was detained in Mahiliou. Local police arrested Uladzimir Laptsevich, reporter of the BelPAN independent news agency, as he was covering a Freedom Day event. He was charged with disorderly conduct and resisting arrest. The journalist is to stand trial on 28 March.
Restrictions on freedom of peaceful assembly
The authorities banned all Freedom Day celebrations across the country. On 21 March, the celebration committee ruled not to arrange a rally in Minsk Bangalore Square (authorized by the city authorities) or conduct an unauthorized demonstration between Yakub Kolas Square and Yanka Kupala Park in downtown Minsk. Pro-democratic citizens were recommended to lay flowers to the poets monuments instead. Numerous local opposition activists were warned of possible prosecution for involvement in the 25 March rallies. Hrodna, Babruisk, Barysau, Salihorsk and Homel police carried out “preventive conversations” with the activists. Nonetheless, according to human rights defenders, 70 persons were detained on 25 March – 52 in Minsk and 18 in the regions. The majority of them were released without charges three hours later. Viktar Ivashkevich, Mikola Dzemidzenka and Iryna Hubskaya were taken to Minsk detention center in Akrestsin Street. The latter two were among the rally organizers. See more information on the Freedom Day events.
Politically motivated dismissals
On 24 March, Minsk Maskouski District Court dismissed an appeal lodged by advocate Uladzimir Toustsik against an earlier decision by the Ministry of Justice to revoke his lawyer’s license.
Restrictions on freedom of association
Ales Bialiatski, head of the Human Rights Center “Viasna”, received a reply from Prosecutor General Ryhor Vasilevich to his earlier appeal, demanding to cancel the warning issued by the General Prosecutor’s Office under Art. 193.1 of the Criminal code back on 16 February. “The official warning issued to you is well-grounded”, says Prosecutor General.
On 23 March, Andrei Tsianiuta, previously called up for the military service for his political activities, was warned by Vitsebsk military counterintelligence department under Art. 193.1 for activities on behalf of the Young Front unregistered movement. Anrdei Tsianiuta’s forthcoming discharge on 28 March is said to have caused the precautions.
