Weekly review of post-election situation in Belarus (2-8 May)

Trials of 22 accused in the 19 December “mass riot” case continued in four district courts of Minsk. Dzmitry Drozd, Uladzimir Khamichenka, Ales Kirkevich, Andrei Pratasenia and Pavel Vinahradau were found guilty under Article 293 of the Criminal Code by Ala Bulash, Judge of the Kastrychnitski District Court of Minsk. The verdict was very harsh: Kirkevich and Vinahradau were sentenced to 4 years in a high-security prison and all the rest – to 3 years. Five more human rights defenders, representatives of the International Observation Mission, were deported from Belarus. The right to freedom of associations and expression is still violated, persecution of civil and political activists is going on as well.


Politically motivated criminal persecution

The trial of the case of Aleh Hnedchyk, Fiodar Mirzayanau, Andrei Sannikau, Illia Vasilievich and Uladzimir Yaromenka continued on 4 May a the Partzynanski District Court of Minsk. These trials are a challenge not only for the defendants and their relatives, but for the society on the whole.

The trial of Dzmitry Drozd, Uladzimir Khamichenka, Ales Kirkevich, Andrei Pratasenia and Pavel Vinahradau came to an end on 5 May at the Kastrychnitski District Court of Minsk. Judge Ala Bulash found all defendants guilty under Article 293, part 2 of the Criminal Code. Ales Kirkevich and Pavel Vinahradau were sentenced to 4 years in a high-security colony, whereas Dz. Drozd, U.Khamichenka and A.Pratasenia got 3 years of imprisonment. Human rights defender Valiantsin Stefanovich watched the whole trial of these participants of the protest action of 19 December 2010.

“There wasn't presented any evidence that a mass riot had really taken place on Nezalezhnasts Square on 19 December. The guilt of these people under Article 293, part 2 of the Criminal Code, “participation in mass riot”, wasn't proved. If we speak about each figurant of the case – it wasn't proved that Kirkevich did anything at all. I don't understand why he was sentenced to 4 years of imprisonment. Maybe it's because he is a member of the Young Front. These sentences are unlawful and must be reversed. We insist on the release of all people convicted under Article 293 and unconditionally consider them as political prisoners,” commented the human rights defender.

On 5 May the Frunzenski District Court of Minsk started the trial of the criminal case of Andrei Dzmitryieu, Aliaksandr Fiaduta, Uladzimir Niakliayeu, Nasta Palazhanka, Vital Rymasheuski and Siarhei Vazniak who are charged of “organization and preparation of activities that grossly violate the public order, or active participation in such activities” (Article 342, part 1 of the Criminal Code). The article envisages up to 3 years of imprisonment. Several tens of people didn't manage to get to the trial due to the small size of the court hall. A.Fiaduta felt unwell and was hospitalized. A break till 10 May was announced. It was also found out that the computer equipment and information carriers that had been confiscated from a well-known civil activist and scientist Yury Varonezhtsau were attached to the case as evidence.

On 5 May the Maskouski District Court of Minsk started the trial of the case against Dzmitry Daronin, Aleh Fedarkevich, Siarhei Kazakou, Uladzimir Loban, Vital Matsukevich and Yauhen Sakret. The trial is lead by Judge Alena Shylko.

The same day, the Babruisk Town and District Court found the first sitting on the case concerning the arson of the local KGB office. There are three accused – Artsiom Prakapenka, Pavel Syramolatau and Yauhen Vaskovich. The next sitting was scheduled for 17 May.

Two trials, over 10 more participants of the 19 December 2010 post-election protest action, will start on 11 May 2010. Iryna Khalip, Siarhei Martsaleu and Pavel Seviarynets are charged under Article 342, par 1 of the Criminal Code. Dzmitry Bulanau, Artsiom Hrybko, Aliaksandr Klaskouski, Aliaksandr Kviatkevich, Andrei Pazniak, Mikalai Statkevich and Dzmitry Uss – under Article 293.


Persecution of human rights defenders

On 4 May the presentation of the report of the Special Rapporteur of the International Control Committee Preliminary assessment of the events of 19 December 2010 in Minsk (Belarus) from the viewpoint of human rights was to have taken place at the office of the Human Rights Center Viasna in Minsk. However, the event was disrupted by the police. According to their words, they got a signal that large boxes had been brought to the office and therefore they needed to check whether there were any explosives in them. Though nothing suspicion was found as a result of inspection of the office, the Russian human rights defenders Viktoria Gromova and Lubov Zakharova were detained as a result. Human rights defenders Vladymyr Chemerys (citizen of Ukraine), Yuri Jibladze, Alik Mnatsnakian and Irina Paykachova were detained at the office entrance and guarded to the Pershamaiski District Police Department of Minsk as well. They managed to give an improvised press-conference right before their detention.

On 6 May morning officers of the Belarusian migration service in civvies detained the representatives of the International Observation Mission Katerina Korostelyova, Irina Paykachova and Lubov Zakharova in Chyrvonaya Street in Minsk. They were released from the Savetski District Police Department at midnight, with prescription to leave the territory of Belarus within 24 hours. They were put on the list of personae non-grate. Their colleagues from the Mission,  Viktoria Gromova, Ivan Kondratenko, Alik Mnatsnakyan and Andrei Yurov had been put on the list earlier. By the way, the incident took place several hours after the publication of an official commentary of a representative of the Russian MFA A.K.Lukashevich concerning the non-motivated putting of Viktoria Gromova and Alik Mnatsnakyan on the abovementioned list without offering explanations.

During the two last month 10 Russian and Ukrainian citizens who are members of the International Observation Mission were banned entry to Belarus. As a result, the head of the Mission, Chair of the Moscow Helsinki Group Andrey Yurov stated that the Mission will change the regime of its work to provide a higher level of security for its representatives and assistants.


Persecution of civil and political activists


On 5 May Mikhail Khoma, Judge of the Leninski District Court of Minsk, found Andrei Sharkou, an organizer of Stop-Benzin-2 (an action against the increase of the cost of fuel), guilty under Article 23.34, “violation of the rules of organizing and holding mass actions, and fined him 1,050,000 rubles. Artsiom Sharko, the leader of the informational and educational institution For Auto, was detained by the police on 28 April at a motor filling station of the Belnaftakhim concern, but was released in an hour. In several days, the police drew up a violation report and passed it to court, after which the activist was summonsed to the trial.

Stanislau Trapuk, Judge of the Hlybokaye District Court, fined a local activist Yaraslau Bernikovich 700,000 rubles for installing a tent during the picket held on 19 March in Hlybokaye. The picket was the only authorized action of protest against falsification of the election results in the Vitsebsk oblast. The higher authorities criticized the decision of the Hlybokaye District Executive Committee to authorize the action, as a result of which Bernikovich was punished.


Freedom of word

Arsen Nikolski, an investigator of the Hrodna Region Procuracy, dismissed the petition of journalist Andrei Pachobyt for change of the restraint. The journalist is charged on two articles of the Crimninal Code – Article 368, part 1, defamation of President of the Republic of Belarus and Article 367, part 1 (libel on President of the Republic of Belarus). He has been kept in a pre-trial prison for a month already. More than 40 appeals of citizens who asked to release Mr. Pachobut on bail till trial gave no result. Meanwhile, no investigative activities have been conducted towards Andrei Pachobut so far.

Though the private socio-political weekly Nasha Niva hasn't been closed down by court yet, the subscription to the newspaper is no longer accepted. The subscribers are returned the money and told that this newspaper would no longer exist.

A number of civil activists from Salihorsk addressed the Information Minister, Aleh Praliaskouski, with letters in support of Nasha Niva and Narodnaya Volia. They address the minister with the demand to abide by provisions of the Constitution and the Universal Declaration of Human Rights and urgently revoke the lawsuits of the Ministry of Information seeking to close down the newspapers.

On 6 May the solemn ceremony of awarding the winners of the contest Free Word 2010 took place at the residence of the Ambassador of the Great Britain. It is already the fourth yearly contest held by the Belarusian Association of Journalists. “Frankly speaking, I don't remember such a hard year for the journalism and free word,” said the BAJ Chair, Zhana Litvina. “Belarusian journalists pay an extremely high cost for free word. Among the contest winners are Iryna Khalip and Siarhei Vazniak who face imprisonment, and their colleagues from the editions that can be closed down quite soon – Nasha Niva and Narodnaya Volia. Journalists oppose high professional standards and an adequate understanding of the role of mass media in the society to attempts of turning the Belarusian society into a closed one. It acquires a special meaning in the conditions of a systemic crisis,” commented journalist Yury Karmanau.


Freedom of peaceful assemblies

The road police of Vitsebsk banned owners of bicycles to hold an action calling the city's authorities to construct special bicycle lanes and parkings. Road policemen warned the bicyclers that the traditional spring bicycle race would be considered as an unauthorized action in the case they started cycling all together. “The position of the road police is rather strange, as we stand for the safety of the traffic and bicycle lanes are necessary for cycling without creating obstacles to pedestrians and car traffic,” said one of the action participants, Uladzimir Ramanovich. He thinks that it is necessary to continue struggling for “rights of bicyclers” in Vitsebsk and therefore proposed holding a literary contest My Day with Bicycle.


Freedom of association

The cultural educational association Zalaty Leu (Golden Lion) was denied registration for the second time. The main aims of the organization are to increase the cultural and educational activity of citizens of Slonim in order to solve publicly important issues, spiritual, national and cultural revival of the Belarusian society and the increase of the cultural and educational role of youth in the process of the civil society building. The organization wasn't registered as officers of the Hrodna Region Executive Committee posed pretensions to its documents that had been found groundless during the appeal of the first registration denial to Zalaty Leu at court.

The Brest Region Justice Board refused to register the Baranavichy civil association Kabzar. Mikalai Charnavus, Chair of the organizing committee of the organization, was informed about it by a special letter which he received on 5 May.

On 6 May Ala Melnikava, Judge of the Minsk City Economic Court, did't grant the claim of the Belarusian Popular Front Party and the civil association Belarusian Popular Front Adradzhenne against the public utilities of the Savetski District of Minsk, which refused to extend the agreement for the rent of the office in Varvashenia Street, 8, where the legal addresses of both organizations are registered. The party has occupied these premises for more than 20 years already.

Human Rights Chronicle