Review-Chronicle of Human Rights Violations in Belarus in December 2012
In
December, the foreign policy still played a decisive role in the
situation of human rights in Belarus. The general stagnation in the
relations between the Belarusian authorities and the European
democracies determined the stably bad situation of human rights and
fundamental freedoms without significant deterioration during the
reported period.
12 political prisoners were still kept behind
bars and the question of their release was consistently stated as by
the EU and the US as a fundamental condition to resume dialogue with
the Belarusian authorities.
During the 5 December meeting with
the Belarusian human rights activists in Brussels, the European
Commissioner for Enlargement and Neighborhood Policy Štefan Füle
again confirmed that the release of political prisoners was a
prerequisite for beginning a dialogue of the European Union with the
official Minsk.
The statement of the US Department of State of
19 December also contained the demand of immediate and unconditional
release of political prisoners, and reminded about the joint
statement of Belarus and the US of 1 December 2010, which confirmed
that "great respect for democracy and human rights remains a
central topic in improving bilateral relations. " "We
regret that the Belarusian authorities stepped on the path of
isolation instead of it, starting repressions against their own
people", says the document.
At the same time, the
official Minsk was still trying to push its concept of pragmatic
dialogue, ignoring the key political requirements of the EU. December
saw a number of notable talks of the Foreign Minister of Belarus
Uladzimir Makei with representatives of the EU and the EU
institutions.
On 17 December the press service of the
Belarusian Foreign Ministry stated that during the meeting of the
Director of the Department of Russia, Eastern Partnership, Central
Asia, regional cooperation and the OSCE European External Action
Service Gunnar Wiegand, with the Minister of Foreign Affairs of
Belarus Uladzimir Makei "the sides discussed a range of issues
relating to the current state of relations between Belarus and the EU
and the ways to normalize them. " During his visit to Belarus G.
Wiegand also met with relatives of political prisoners and human
rights defenders and assured them that the topic of political
prisoners was still on the EU agenda and is constantly stressed in
the talks with the Belarusian authorities.
The same day
Uladzimir Makei had a telephone conversation with the Czech Foreign
Minister Karel Schwarzenberg on the occasion of the 20th anniversary
of diplomatic relations between Belarus and the Czech Republic.
According to the press service of the Belarusian Foreign Ministry,
the ministers discussed the subject of the relations with the
European Union and the ways of their normalization, as well as "the
achievements and prospects of further development of Belarusian-Czech
cooperation". Meanwhile, the press service of the Czech Foreign
Ministry issued a more detailed message: "The Ministers agreed
on the importance of mutual relations and expressed their interest in
expanding relations not only at the bilateral level, but also at the
EU level. Mr. Schwarzenberg reiterated that the Czech Republic was
interested in cooperation with Belarus in the Eastern Partnership.
The poor human rights situation in Belarus, including the issue of
political prisoners, was discussed as well."
A few days
later, Uladzimir Makei had a series of meetings with ambassadors of
Finland, Estonia and the UK. Despite the fact that the press service
of the Foreign Ministry reported only that the talks concerned issues
of cooperation, economic and trade cooperation, the development of
contacts (both bilaterally and through the European Union), it can be
assumed that the release of political prisoners topic as a
prerequisite for the establishment of relations in all spheres was
discussed too.
These meetings give reasons to believe that
some negotiations are being conducted between the official Minsk and
Brussels which could lead to the release of political prisoners in
exchange for some steps towards Belarus on part of the EU. However,
no visible results or signs of Belarus' readiness to make any
concessions to the EU were noticed by the end of December.
The
situation of civil and political rights remained stably poor. Cases
of arbitrary detention and politically motivated administrative
penalties against activists of social and political organizations and
movements were registered. In fact, it was impossible to enjoy the
right to peaceful assemblies, whose participants intended to express
alternative views and draw public attention to the human rights
situation in the country. In particular, none of the applications for
the authorization of street actions on the anniversary of the events
of 19 December 2010 were satisfied. The practice of harassment of
journalists and human rights defenders in connection with their
professional activities continued, as well as the pressure on the
independent media and organizations.
Political
prisoners. Prosecution of public activists
On
3 December it became known that letters of the political prisoners
Zmitser Dashkevich were burned in the Hrodna prison. Here's an
excerpt from his letter to Tatsiana Seviarynets: "I am ready to
greet you once again Once again, as my previous letter to you was
burned. They say it was very cold in the prison, and according to the
decree on saving of energy, one shall warm oneself up with materials
at hand. This is where letter came into play." On 26 December in
Hrodna Zmitser Dashkevich married Nasta Palazhanka who took his
surname. After the procedure, they were allowed to stay together for
some 5 minutes. The marriage gave them the right to meet – for the
first time in two years – two hours through a glass window. Before
this, Zmitser and Nasta made several attempts to get married, but did
not succeed, as Zmitser was either transferred from one prison to
another or some other obstacles were created. Moreover, during a year
there remained one formal obstacle – Zmitser was not returned his
passport after the trial. His relatives and lawyer kept writing
complaints to various state institutions for more than six months.
Eventually the prosecutor's office answered that "it was
impossible to find or confirm the exact location of the passport".
This answer became the former reason to require the issue of a new
passport to the prisoner. After this, there were numerous
postponements, delays and disruptions of the marriage. At the end,
the registry office informed Nasta Palazhanka that the procedure of
marriage would be held on 19 December. Afterwards, the date was
transferred to 26 December. Zmitser Dashkevich was convoyed to the
registry office.
On 3 December the Baranavichy civil activist
Ryhor Hryk tried to pass about 40 books of Belarusian and foreign
authors to the pre-trial prison #6 in Baranavichy, where the
political prisoner Vasil Parfiankou is kept. The deputy head of the
prison, major Aliaksandr Pupko, refused to call the librarian to
test, evaluate and deposit the brought literature. After consulting
with the prison administration he stated to Ryhor Hryk that "our
institution does not need books". establishment of our books
are not necessary." On 13 December a sitting of the commission
on parole took place in the prison. Vasil Parfiankou was denied
release on parole as he "did not mend his ways". Before the
sitting, he kept receiving penalties for insignificant violations of
the regime. On 26 December a solicitation for changing the
commission's decision was passed on behalf of Mr. Parfiankou.
On
4 December an ambulatory sitting of the Shklou District Court
concerning the political prisoner Mikalai Dziadok was held. This
information was spread by his father Aliaksandr Dziadok with
reference to the son's counsel. Aliaksandr Dziadok, a former judge of
the Minsk Region Court, stated that his son had already 22 penalties
for various violations of discipline, and the special commission
voted for his transfer to a cell-type prison facility. On 10 December
it became known that he was kept in the cell-type prison #4 in
Mahiliou. The father didn't manage to find when Mikalai had been
transferred from the Shklou colony to the Mahiliou prison.
On
6 December the relatives of the civil activist Andrei Haidukou,
charged with "high treason", received the first letter from
him, dated 29 November. He asks the relatives to find a new counsel
for him and states that the falsifications in his case can reach the
scale of absurd. The operator of the Navapolatsk oil-processing plant
"Naftan" was detained on 8 November in Vitsebsk. At first
he was kept in custody in the KGB pre-trial prison in Minsk, and then
was transferred to the Vitsebsk pre-trial prison #2 for unknown
reasons. Haidukou's counsel found about this transfer on 27 December,
when she came to the prison to meet with him. As it became known on
27 December, another suspect appeared in the "high treason"
case, Navapolatsk activist of the organizing committee of the
Belarusian Christian Democracy Illia Bahdanau who initially had had
the status of a witness. That day he was interrogated at the Vitsebsk
Region KGB Department by the investigator Aleh Barysevich who
investigated Haidukou's case. The interrogation lasted for more than
4 hours and I. Bahdanau was warned that the following interrogation
would take place on 9 January 2013. and he would have confrontations
with Andrei Haidukou due to discrepancies in their testimonies.
On
8 December Mikalai Statkevich phoned his relatives from prison for
the ninth time in 2012. His wife Maryna Adamovich said that he was in
a good mood and talked cheerfully. He said he read a lot and did
physical exercises. According to Mr. Statkevich, by the end of the
year there could be held a sitting of a special commission which
could change the regime of imprisonment for him. On 14 December the
prisoner was visited by his counsel. On 16 December the prisoner was
awarded with the International Prize of Willy Brandt. The award was
founded by the Social Democratic Party of Germany and is awarded
contribution to mutual understanding and peace among peoples. It
consists of two parts. The main part was awarded to the Norwegian
Prime Minister Jens Stoltenberg, whereas Statkevich was awarded "For
personal political courage". On 29 December the prison
administration allowed Mikalai Statkevich a two-hour meeting with his
wife as a result of the Supervisory Board of the penitentiary
institution about the mitigation of the prison regime for him, as a
result of which he got the right to another meeting with the
family.
On 8 December the political prisoner Yauhen Vaskovich
was released from the penal cell after serving a ten-day arrest. The
administration of the Mahiliou prison #4 refused to inform the
relatives about the reasons for the penalty.
On 19 December it
became known that in the course of its 64 session the United
Nations Working Group on Arbitrary Detention (WGAD) adopted decision
A/HRC/WGAD/2012/39 in which it found that the
detention of Mr. Ales Bialiatski, President of the Human Rights
Centre (HRC) “Viasna” and FIDH Vice-President, was arbitrary,
“being in contravention of article 20, paragraph 1, of the
Universal Declaration on Human Rights [UDHR] and article 22 of the
International Covenant on Civil and Political Rights” (ICCPR). The
WGAD emphasized that “the adequate remedy is to release Mr.
Bialatski and accord him an enforceable right to compensation
pursuant to article 9, paragraph 5, of the [ICCPR]”. This decision
follows a communication which had been addressed by the Observatory
to the WGAD on April 2, 2012 to contest the legality of Mr.
Bialiatski’s detention. The news was passed to Mr. Bialiatski by
his wife Natallia Pinchuk who had a two-hour meeting with him on 20
December in the Babruisk colony #2. N. Pinchuk
said that Ales looked and kept well and didn't complain about his
health. She had passed him a food parcel on 30 December. On 30
December charter97.org website announced the winners of the National
Award in the field of protection of human rights in 2012, among which
there was listed Ales Bialiatski.
On 24 December Pavel
Seviarynets was allowed a 3-day meeting with his parents in the open
penitentiary institution #7 in the village of Kuplin in the Pruzhany
district of Belarus. On 30 December Mr. Seviarynets celebrated his
36th birthday. More than 30 guests came to him, including people from
Minsk, Hrodna, Salihorsk and Valozhyn. At that time a parcel prepared
by the Polish Embassy was delivered to his home address in Vitsebsk.
On 24 December the mother of the political prisoner Ihar
Alinevich, Valiantsina Alinevich, stated that her son was prohibited
to put on a sweater despite the freeze. He wrote about it in a letter
from prison: "They think that a T-shirt, the prison robe and a
padded jacket are enough for a man to keep warm. By the way, it is
not allowed in prisons either, but at the pre-trial prison of the KGB
I had three sweaters. I am 100% sure I would have died there without
them."
On 24 December the administration of the Mahiliou
colony #15 allowed a long-term meeting (one day) with father to the
political prisoner Artsiom Prakapenka. At the same time, the former
was not allowed to pass warm clothes and was ordered to take away a
part of the foodstuffs he had brought with him. The prisoner's mother
Vialeta Prakapenka stated that the son started having problems with
his teeth, though everything used to be alright. nerve in his back,
causing great pain.
On 26 December Tatsiana Frantskevich,
mother of the political prisoner Aliaksandr Frantskevich, received a
telephone call from a guy who had been serving a term in the
Ivatsevichy colony. He said that Aliaksandr Frantskevich had been put
in the penal cell for ten days after refusing to clean the territory
(a job considered insulting among prisoners). Tatsiana Frantskevich
expressed concern with the state of the son's state of health, as he
has just one kidney and placement in the penal cell could do a
serious harm to his state. It is already the third placement in the
penal cell for Aliaksandr Frantskevich during 2012. On 30 December
Tatsiana Frantskevich visited her son in prison together with the
counsel. As it became known to her, the son was denied a short-time
meeting with relatives, scheduled for the middle of January 2013 for
paying a visit to another brigade, which is prohibited by the prison
rules. After the placement in the penal cell the state of the
prisoner's health considerably deteriorated.
On 26 December
the photojournalist Anton Surapin said that he was still under house
arrest, but knew nothing about his status. The photographer was
released from the KGB pre-trial prison four months ago and wasn't
called for interrogations after this. He thinks that the situation
will get clearer after the end of the trial over the border guard who
had let the Swedish "Teddy Troopers" in Belarus. Mr.
Surapin continues studying on the fourth year of the journalist
faculty of the Belarusian State University. He has no problems with
his studies and had no talks concerning the imprisonment with the
administration of the faculty. Anton Surapin was the first journalist
to upload to the Internet the photos of the teddy bears who had been
thrown down from a plane by Swedes. He was arrested and charged under
Article 6 part 16 of the Criminal Code (assistance in committing a
crime), and Part 3 of Article 371 (illegal crossing of the state
border of the Republic of Belarus).
On 27 December the
political prisoner Eduard Lobau was visited a priest, Father Dzmitry
from the Pinsk diocese. According to his mother Maryna Lobava, the
visit was to have taken place on the eve of Christmas, but the priest
did not manage to come in time as he was too busy. E. Lobau confessed
and took communion. The meeting was watched by the political officer.
According to Maryna Lobava, the priest was assigned to the colony and
will have an opprtunity to visit Eduard Lobau and other prisoners of
the Catholic denomination.
Death
penalty
On 10 December there was
held the traditional award ceremony for outstanding achievements in
the field of human rights. Liubou Kavaliova, mother of Uladzislau
Kavaliou (executed by shooting for the alleged engagement in the
explosion in the Minsk metro), was declared the human rights defender
of the year. The prize was passed to her by the member of the
Belarusian Helsinki Committee Hary Pahaniaila. He stated that Liubou
Kavaliova has demonstrated a great courage and dedication in the
struggle against the repressive state apparatus which still practices
savage executions. The psychological pressurization on her continues,
but she doesn't give up and Hary Pahaniaila stated that the issue of
the death penalty can be eventually resolved in Belarus thanks to her
efforts. Liubou Kavaliova remains one of the most active members of
the campaign "Human Rights Defenders against Death Penalty".
On
20 December the head of the Commission on Legislation of the House of
Representatives Mikalai Samaseika stated that a Working Group on
Death Penalty had been established at a sitting of the Soviet of the
Republic in the National Assembly. The group consists of seven
persons including five members of the Chamber of Representatives and
two members of the Soviet of the Republic, and is headed by Mr.
Samaseika. The MP stated that the first meeting of the Working Group
will be held after the New Year: "The issue of the death penalty
is a general one. The Belarusian people has expressed its view on it
at the referendum, but the situation has changed since then. Our
group will deal with studying all issues related to the death
penalty, including the attitude of the population of the Republic of
Belarus to them".
Harassment of human rights defenders and human rights
organizations
On 1 December the leader of the "For
Freedom" Movement Aliaksandr Milinkevich stated he would provide
office space for the reception room of the Human Rights Center
"Viasna". At the end of November the apartment where the
Minsk office of "Viasna" was situated was confiscated by
court according to the verdict to the head of the organization Ales
Bialiatski. The apartment had been registered as his property, which
allowed the office to exist in that place for about 12 years
(2000-2012).
On 16 December the head of the human rights
institution "Platform" Andrei Bandarenka was detained while
passing the passport control at the National Airport Minsk-2. He was
returning home from Warsaw. A customs officer phoned somewhere and
took away his passport. After 20 minutes, Andrei Bandarenka was
approached by two senior lieutenants of the customs office, Hardzei
Kazakovich and Artsiom Hryshkevich who told him that it was necessary
to conduct some "additional measures" towards him. After
this, they examined Bandarenka's belongings. The procedure was
carried out by the head of the shift of the customs control who
blankly refused to introduce himself. However, Andrei Bandarenka
managed to register the number on his badge – 050-0350. As stated
by the head of the shift, random customs control was carried out
towards Mr. Bandarenka. The examination was conducted in presence of
a medic and witnesses. A report of personal search was drawn up,
after which Andrei Bandarenka was released.
On 18 December
the human rights defenders from Hrodna Uladzimir Khilmanovich, Viktar
Sazonau and Raman Yurhel were questioned at the city police
department "Center". In the evening of 19 December the
reports about an alleged violation of Article 23.34 of the
Administrative Code (participation in unsanctioned picket) were drawn
on all of them at that police station. The formal reason for
persecution became the placement of an article about the
international Human Rights Day, 10 December, on the website of the
Human Rights Center "Viasna". The Hrodna human rights
defenders could be seen holding photos of their colleague, political
prisoner Ales Bialiatski in one of the photos.
On 24 December
activists of the human rights institution "Platform" which
dealt with the protection of the rights of prisoners and was
dissolved by the authorities, announced the beginning of activities
on behalf of a new human rights institution, "Platform
Innovation". As said by the human rights defender Andrei
Bandarenka, the new institution will continue dealing with the
protection of rights, but will no longer be confined to the
protection of prisoners' rights. "Platform Innvation" has
already acquired registration. Its offices work not only in Minsk,
but also in Brest Homel and Vitsebsk. The institution intends to
establish offices in all region capitals of Belarus by the end of
2013. "Platform" got registered with the state in June 2011
and closed down in autumn 2012. According to the founders, a
well-known politician and civil activist Henadz Hrushavy joined the
new "Platform".
Pressurizatin of social and
political activists by secret services
On 18 December the
judge of the Leninski District Court of Mahiliou Yurchanka, supported
by the prosecutor Paliakova, dismissed the appeal of the activist of
the organizing committee of the Belarusian Christian Democracy Aleh
Aksionau against the establishment of preventive surveillance over
him by the KGB. The judge stated that KGB acted without exceeding its
powers, competently implementing its functions. During the whole
court sitting the judge, the prosecutor and the KGB officers tried to
convince Mr. Aksionau that the establishment of preventive
surveillance over him didn't mean anything as none of his rights were
restricted and no sanctions were applied towards him. Meanwhile, part
2 of Article 28 of the Law "On Prophylactics" in which it
is stated that KGB officers study the the conditions and way of life
and control the behavior of the people who are subject to preventive
surveillance. It means that the KGB receives the right to watch the
activist without prosecutor's warrant, as well as temporary prohibit
him to go abroad. Preventive surveillance was established over Aleh
Aksionau on 22 October 2012. The reason for this was his alleged
activities on behalf of an unregistered political organization, the
Belarusian Christian Democracy, as well as other socio-political
activities. KGB were unable to give any answers as what exactly was
criminal in such activities and what negative consequences they
brought to the society. In Mahiliou, preventive surveillance was also
established over the leader of the Mahiliou organizing committee of
BCD Tatsiana Shambalava and the leader of the Mailiou regional branch
of the Belarusian Popular Front Zmitser Salauyou.
Administrative
prosecution of social and political activists, arbitrary
detention
On 4 December
the head of the Hrodna branch of the Belarusian Popular Front Vadzim
Saranchukou and a member of its council Iryna Danilouskaya were
familiarized with an administrative report under Article 23.34 of the
Code of Administrative Offenses, "participation in an
unauthorized mass event", drawn on them for participation in a
commemorative action inhonor of the insurgents Kanstantsin and Viktar
Kalinouski in Svislach. On 13 December the Svislach District Court
fined the Biaroza activist Siarhei Trafimchyk 800,000 rubles.
According to the court, Mr. Trafimchyk violated the Belarusian
legislation by paying visits to the graves and monuments to
participants of the anti-Russian insurgency. Several trials were to
have taken place in Svislach on 20 December. The BPF member Iryna
Danilouskaya was to have been tried at 9 a.m., but was unable to come
to the trial in time. As a result, she was tried in absentia and
fined 800,000 rubles. The "Young Front" activist Ales
Kirkevich, summonsed to court over the phone that day, didn't go
there. He phoned to the Svislach Distrit Court and was told that the
trial had taken place in his absence and he had been fined 800,000
rubles as well. The head of the Hrodna city BPF council Vadzim
Saranchukou was tried in absentia as well, and sentenced to a fine of
1 million rubles. The case of another member of the Hrodna BPF
council, Valery Kisel, is even more absurd. He was also charged with
"participation in an unauthorized mass event", though on 27
October he had been in Minsk, not in Svislach. There was no new
information about the developments in his case by the end of
December. There were no news about the case of a UCP activist Viktar
Babkin either. Thus, the persecution of participants of the Svislach
event has a long history. Four people were detained back on the day
of the event: Vitold Ashurak from Biarozauka, Ales Krot from Minsk,
Stanislava Husakova from Vitsebsk and Vital Lopasau from Hrodna.
Three of them were sentenced to imprisonment and one – to a fine.
The Svislach activists Yury Hlebik, Viktar Dzesiatsik and Anatol
Valiuk were fined almost a month after the event. The Hrodna Region
Court upheld the initial verdicts and did not grant any cassation
appeals. On 3 December such decision was issued on the appeal of the
UCP member Vital Lopasau (judge Piotr Bandyk), on 20 December – on
appeals of three civil activists from Svislach – Viktar Dzesiatsik
(judge Piotr Bandyk), Yury Hlebik (judge Mikalai Rychynski) and
Anatol Valiuk – (judge A. Kozel).
On 6 December the car of
a Zhlobin activist of the Belarusian Leftist Party "Fair World"
Ilona Tkachova was detained at the border crossing point "Novaya
Huta" on the Ukranian-Belarusian border. The activist was
returning home from Egypt together with her husband and ten-year-old
daughter. Their belongings were searched, a photo camera and a laptop
were confiscated. The border guards showed Mrs. Tkachova a scanned
copy of the order for the search of her car. The procedure of the
detention and search lasted from the afternoon till 10 p.m. The
following day Ilona Tkachova wrote an appeal to the head of the
border crossing point against the unlawful detention of her family
and confiscation of her things.
On 8 December the police
burst in the private house in Tyrazhny Passage 22 in Minsk where the
theatric play "Silence Zone" was being shown by the Free
Theater. The police came there at the beginning of the play, stopped
it and started putting down the passport numbers of the present
people. The play continued after the police went away. The day
before, on 7 December, the police also visited another show of the
Free Theater and also put down the passport data of the spectators.
On 12 December the leader of "Zmena" ("Change"),
the youth wing of the "Tell The Truth!" civil initiative
Pavel Vinahradau was summonsed to the Maskouski District Penal
Inspection of Minsk where he is kept under surveillance and has to
get registered. The police took him to the Pershamaiski District
Police Department of Minsk, where he was presented charges under
Article 23.34 of the Code of Administrative Offenses. After this Mr.
Vinahradau was taken to court, but the trial was postponed as his
counsel was unable to attend the hearing. On 17 December the judge of
the Pershamaiski District Court of Minsk Yury Hrabouski sentenced
Pavel Vinahradau to 5 days of arrest for the "toy rally",
held near the National Library on 10 Deember. All in all, the
activist spent 66 days behind bars in 2012.
On 18 December the
trial of the socio-political activist from the town of Varniany,
Mikalai Ulasevich, came to an end. The Astravets District Court fined
him 4 million rubles. The trial established a record in the Hrodna
region – it took the court 9 (!) sittings to punish Mr. Ulasevich,
as far as the latter kept struggling for his rights as hard as he
could, first alone, and then – with the assistance of a counsel.
Mikalai Ulasevich had been detained during the latest local
elections, two days before the main Voting Day – on 21 September
2012, and charged with the distribution of unlawful agitation
production. Later the charges were changed to "insubordination
to the police".
In the evening of 19 December, the second
anniversary of the post-election protests in 2010, the social
activist Nina Bahinskaya was detained on Kastrychnitskaya Square in
Minsk while trying to raise the white-red-white flag. The activist
was taken to the Tsentralny District Police Department, questioned
and released after 3 hours, the flag was taken away.
At about
11 a.m. on 19 December in Vitsebsk the members of the organizing
committee of the Belarusian Christian Democracy Aliaksei Kishchuk and
Aliaksandr Laurenau were detained. Their car was stopped by traffic
police. The registration certificate of the car was invalid, that's
why Stanislau was fined 650,000 rubles as the owner of the car. Then
the detainees were guarded to the Pershamaiski District Police
Department and charged with "disorderly conduct" (they
allegedly insulted the road policemen who detained them). The same
day the detainees were taken to court, but the trial didn't take
place. A. Kishchuk and S. Laurenau were taken to the pre-trial
prison. On 20 December the judge of the Pershamaiski District Cour
tof Vitsebsk Valiantsina Kismiaroshkina fined each of them 300,000
rubles. The accusation was grounded on testimonies of four road
policemen. A teddy bear with the poster "Future President"
was taken to the Pershamaiski DPD together with the activists, but
wasn't returned to them.
On 27 December the Maskouski District
Court of Minsk tried the entrepreneur Aliaksandr Makayeu under
Article 23.34, part 3 of the Code of Administrative Offenses
(repeated participation in an unauthorized mass event during a year's
period) for participation in the celebration of an anniversary of the
anti-Bolshevik insurgency in Slutsk. His car had been stopped by
traffic police during the action, on 1 December, in the village of
Hrozava. On 13 December officers of the Slutsk District Police
Department found Mr. Makayeu at the "Rakauski Kirmash"
market, took explanations from him and handed him a police report
signed by the police major H. Shapashnikau. The judge Khatkevch
declined Makayeu's solicitation to interrogate the witnesses of
accusation at the court sitting and ruled that their testimonies were
to be read. The solicitation to interrogate additional witnesses from
the side of Mr. Makayeu was dismissed too. Skryhan from the Hrozava
Village Soviet stated that nobody had applied for the authorization
of the rally, but there were no slogans, people prayed and sang
songs. The witness Taisiya Datashevich pointed that there were people
with flags near the cross, there were no banners and slogans and the
public order wasn't violated. The traffic policeman Davidouski stated
that people sang songs in Belarusian, that Makayeu had approached the
police and told that he had been the organizer of the rally. The
rally was stopped in five minutes after the appropriate police order.
The same was written by the police officer Kazhura. The judge Yauhen
Khatkevich found the activist guilty and sentenced him to a fine of 5
million rubles.
Restrictions on freedom of speech and
the right to impart information, persecution of journalists
On
2 December there took place the sitting of the Slonim District
Executive Committee at which the heads of the enterprises and
organizations of the Slonim district were ordered to personally
subscribe to two state-owned newspapers for 2013 out of the following
list: "Sovetskaya Belorussiya", "Zviazda",
"Respublika", "Hrodzenskaya Prauda" and the
district newspaper. They were ordered to bring the subscription
receipts to the executive committee. All common workers of state
institutions and enterprises were ordered to subscribe to one
newspaper for 2013. The post offices of the city were also ordered to
make visitors subscribe to the necessary number of copies of the
state-owned press. As a result, many workers of post offices have to
subscribe to several copies of the same newspaper to implement the
order. On 19 December the chief doctor of the Slonim District
Hospital Yury Piatselski ordered all heads of departments of the
hospital to subscribe to the district newspaper "Slonimski
Vesnik" for 2013 – five copies per department. In the morning
of 20 December the senior nurse of the polyclinic started gathering
7,000 rubles from each worker for subscription to "Slonimski
Vesnik".
On 3 December the chief editor of the "People's
News of Vitsebsk" website Siarhei Serabro was detained for
paying interest to the extraordinary activities in the vicinity of a
woodworking plant, located on the outskirts of the city. The plant
administration was getting ready to a visit of Aliaksandr Lukashenka.
The journalist was detained by the police which were called by the
guards. Mr. Serabro was released after a short talk. However, after
the incident the guard was enforced with riot policemen.
On 10
December representatives of Belarusian human rights organizations
called the names of the award winners for contribution to the
protection of human rights in 2012. The "journalist"
category winner is a Hrodna journalist, correspondent for the Polish
«Gazeta Wyborcza» Andrei Pachobut. The journalist who had to give a
written undertaking not to leave Hrodna because of a criminal case
under Article 367, part 2 of the Criminal Code, "Defamation of
President of the Republic of Belarus", communicated with the
human rights defenders through Skype. His prize was passed to him
virtually, by an earlier prize holder, the journalist of Radio
"Liberty" Aleh Hruzdzilovich.
On 11 December the
ideologists of the Bialynichy district passed the plan for
subscription to magazines and newspapers to all organizations. The
even specified which editions the citizens were to subscribe to first
of all. The appropriate plan was given to the mailmen of the
Bialynichy district post office. It lists the state-owned editions
and the number of copies to whom each mailman must subscribe
somebody. According to the workers of the post office, the greatest
number of copies is for "Sovetskaya Belorussiya" and the
local newspaper "Zara nad Druttsiu".
On 22 December
Salihorsk human rights defenders stated about twofold pressure on
citizens in connection with the organized subscription to state-owned
press. On one hand, the pressure is applied by the high-rank
officials who order their subordinates to subscribe to magazines and
newspapers of some ministry or enterprise. Thus, the teachers of
Salihorsk schools are forced to subscribe to "Nastaunitskaya
Hazeta" newspaper and "Vesnik Adukatsyia" magazine.
The administration of the open stock company "Belaruskali"
forces workers to subscribe to its magazine "Kaliyshchyk
Salihorska", "Bulding Trust #3" – to its newspaper
"Stroitel Soligorska". The Salihorsk Department of
Emergency States "distributes" the newspaper "Yunuy
Spasatel", the ideologists of the Salihorsk District Executive
Committee organize the sibscription to "Sovetskaya Belorussiya"
and the district newspaper "Shatsyor". Subscription to
these publications is conducted through a network of ideological
workers at enterprises of Salihorsk and Salihorsk district.
As
it became known on 24 December, the police are interested in the
whereabouts of Alina Litvinchuk. This information was disseminated by
the head of the Brest regional organization of the United Civil Party
Uladzimir Vuyek, in whose apartment the journalist has lived lately.
According to Mr. Vuyej, the police were coming to his home in his
absence, asking the neighbors whether the Alina Litvinchuk was living
there and where she worked. Moreover, some strangers tried to find
where she was by phone. As Uladzimir Vuyek learned from the local
police inspector, Litvinchuk was wanted by another policeman, Andrei
Khomich, who was ordered to take her to the regional prosecutor's
office where she was to be issued with an official warnng about the
inadmissibility of journalist activities for foreign media without
accreditation.
On 24 December five Minsk journalists came to
an announced meeting with a member of the Smaliavichy District Soviet
Yahor Lebiadok. None of them managed to get to the local Culture
Palace where the meeting was held – all of them were detained by
the police. A few minutes before the meeting the journalists Mikalai
Petrushenka and Siarhei Vazniak, reporter Lola Buryieva, cameraman
Viachaslau Piashko and the car driver were detained by the
lieutenant-colonel Andrei Martysiuk and two police inspectors. Though
the journalists showed their passports on demand of the police
officers, they were guarded to the district department for
"identification", and kept there for about two hours.
Questioning reports were drawn on them. All information carriers were
taken away, but then returned. After the 1.5 hour meeting with the
electorate the member of the Smaliavichy District Soviet Yahor
Leibadok came to the DPD to find why the journalists had been
detained. They were being released at the time of his visit. Mr.
Lebiadok stated that he didn't object to the presence of journalists
at his meetings.
On 28 December the Rahachou District
Prosecutor's Office issued an official warning to the social activist
Dzianis Dashkevich concerning the inadmissibility of violation of the
legislation of the Republic of Belarus. The talk at the prosecutor's
office, held by the prosecutor Chuyeshava, lasted for two hours. Mr.
Dashkevich was warned that he could be punished under Articles 369.1
("Discredit of the Republic of Belarus"), Article 188, part
2 ("Libel") and Article 189, part 2 ("Insult") of
the Criminal Code in case some articles with incorrect information
about the political and economical situation in Belarus were
published at the vrogacheve.ru website. The real reason for the
warning is that some critical remarks about the local officials were
published at the website. Before the talk at the prosecutor's office,
the local KGB department tried to intimidate the activist as well.
Restriction of the freedom of assembly
As
it became known on 2 December, December 2, the UN Human Rights
Committee found that the Belarusian authorities had violated the
rights of Homel public and political activist Uladzimir Katsora by
sentencing him to administrative arrest for organizing peaceful
assemblies in the city. During the last 6 years Mr. Katsora had to
spend about 57 days in jail for such activities. In April 2006 he
tried to organize a rally dedicated to the 20th anniversary of the
accident on the Chernobyl nuclear power plant and distributed printed
leaflets for that purpose. AS a result, the judge of the Chyhunachny
District Court of Homel Vital Kozyrau sentenced him to ten days of
administrative arrest. In February 2008 Mr. Katsora organized a
meeting of Homel residents with the former presidential candidate
Aliaksandr Milinkevich and was subsequently sentenced to 7 days of
arrest by the head of the Savetski District Court of Homel Aliaksandr
Kosrykau. Having depleted all domestic remedies, Uladzimir Katsora
addressed the United Nations Human Rights Committee, which concluded
that Belarus violated the rights of its citizens enshrined in Article
19 of the International Covenant on Civil and Political Rights by
persecuting him for disseminating information about upcoming peaceful
events. Based on the recommendations of the Committee, the Belarusian
government must provide "victims of violations with an effective
remedy, including a full cost recovery and adequate compensation "and
"avoid similar violations in the future".
Not a
single mass event dedicated to the Human Rights Day, 10 December, was
authorized in Belarus. On 5 December the civil activist Viktar
Syrytsa and the human rights defender Siarhei Housha received a a
letter from the deputy head of the Baranavichy City Executive
Committee Dz. Kastsiukevich, prohibiting their picket on 10 December.
The city officials didn't tell what legal requirements were violated
by the picket organizers. On 7 December Viktar Syrytsa received
another letter from Dz. Kastsiukevich, banning the same picket.
On
10 December Vitsebsk human rights defenders intended to hold a picket
in the Park of Culture and Rest of Railwaymen (the officially
determined place for mass events). Predictably enough, they received
a denial. The deputy head of the Chyhunachny District Executive
Committee Natallia Liapioshkina explained the ban with the failure of
the applicants to conclude service agreements with the public
utilities, medics and police.
On 10 December the Navapolatsk
social activists Volha Hrytskevich, Uladzimir Ivankovich, Yauhen
Parchynski, Natallia Valiayeva and Tatsiana Volkava wanted to hold a
rally in front of the Culture Palace. However,
thy received a refusal. As it was found out, almost a year ago the
city authorities secretly amended the list of the places they had
allowed for mass events. In the prohibition, signed by the deputy
head of the Navapolatsk City Executive Committee Viachaslau Durnou it
is stated that according to the ruling of the executive committee of
9 September 2012 “the ground in front of the Culture Palace” was
excluded from the places allowed for picketing”. The Navapolatsk
activists emphasize that this amendment was done secretly, as a
result of which only one place was left for opposition's events –
the ground at the entrance of the city's culture and recreation park,
where there are almost no visitors or passers-by in winter.
As it
became known on 12 December, the Navapolatsk City Executive Committee
also banned a picket dated to the second anniversary of the events of
19 December 2010. The picket was organized by an activist of the
organizing committee of the Belarusian Christian Democracy Siarhei
Malashonak with the aim to express protest against the unlawful
imprisonment of participants of the peaceful post-election protests
of 19 December. In the denial, signed by the deputy head of the
executive committee Viachaslau Durnou it is stated that the action
could not be authorized as far as the stated place, the ground in
front of the "Damalux" shop did not belong to the places
which had been officially determined for mass
events.
Representatives of the United Civil Party
filed 91 applications across the country to hold pickets on 19
December under the slogan "They stole the elections to sell out
the country". None of the pickets were authorized. The
authorities banned the actions under various pretexts, but the
restriction of the right to express alternative opinions by means of
public actions is evident.
On 14 December the Salihorsk
District Executive Committee banned a 19 December picket referring to
the ruling of the Salihorsk DEC of 7 October 2004 "On measures
to prevent accidents and ensure the rule of law during public
events". The applicants, the UCP members Aliaksandr and Viktar
Malochka, weren't allowed to hold the event "due to the
incompatibility of the place of the action with the aforementioned
ruling".
On 15 December the head of the Baranavichy UCP
branch Anzhalika Kambalava received a letter from the Baranavichy
District Executive Committee, signed by the deputy head, Dz.
Kastrsiukevich, where it was stated that the committee did not agree
to holding a picket on 19 December. The activist managed to conclude
service agreements with the medics and public utilities, but failed
to conclude an appropriate agreement with the police due to
bureaucratic procrastinations, which became the formal reason for the
ban.
On 16 December the head of the Babruisk UCP branch
Viktar Buzinayeu received an answer from the Babruisk City Executive
Committee, signed by its deputy head Aliaksandr Markachou. The
activsit was not allowed to hold a picket on 19 December at the
stadium of the sports complex "Slavianka". The official
reason was that the applicant did not specify the kind of mass event,
its route and measures for ensuring the public order, medical aid and
cleaning of the territory. THe deputy head of the executive committee
also wrote that the applicants violated Article 8 of the Law "On
Mass Events" according to which they had no right to announce
the place and time of the action in mass media before receiving an
official permission to hold it.
Asit became known on 17
December, the city authorities banned nine pickets which applicants
intended to hold on 19 December in different parts of the city.
According to the head of the Brest regional UCP organization
Uladzimir Vuyek, the authorities drew various reasons for the bans:
"For instance, they wrote that we had indicated the places which
didn't belong to the list of the places officially determined for
such events. However, we were also prohibited from holding pickets in
the places which belonged to this list. In particular, it concerns
the "Locomotive" stadium: the acting deputy head of the
Brest City Executive Committee Uladzimir Charnou stated that as far
as the event would be held without the presence of the city
authorities, the organizers were to conclude service agreements with
the police, medics and public utilities. Moreover, according to his
answer, the payment for these services must be done at least one day
before the event." The absence of such agreements became the
formal reason to ban the pickets.
On 18 December all four
Barysau applicants for the pickets "They stole the elections to
sell out the country" received identical written prohibitions to
hold the actions signed by the head of the Barysau District Executive
Committee Uladzimir Miranovich. "The Barysau District Executive
Committee prohibits you to hold the picket on 19 December 2012 due to
your failure to implement the requirements of paragraph 3 of the
ruling of the Barysau District Executive Committee of 13 June 2010
#851 "About the order of holding mass events in the Barysau
district". Paragraph 3 requires that applicants must supply
their applications with service agreements with the police, medics
and public utilities and pay for these services within ten days after
the event. The peculiarity of the situation is that all these
institutions blankly refuse to conclude service agreements with
socio-political activists before the authorization of the appropriate
events by the executive committee.
On 21 December the Brest
City Executive Committee banned an action in support of the quicker
ratification of the agreement on local border traffic with Poland. As
stated by one of the initiators of the pickets Ihar Maslouski, the
events were scheduled on 21, 22 and 23 December and were to have been
held near the central department store of Brest. The authorities
refused to authorize the action as the ground in front of the
department store didn't belong to the list of the places that had
been officially determined as suitable for such events. Meanwhile,
there is no sense in holding such events in the "allowed"
places – the "Locomotive" stadium or near the stage in
the Park of Soldiers-Internationalists, as far as the both of them
are unfrequented by people, especially in winter.
Restriction
of freedom of association
On 2 December some more facts of
harassment of the independent trade union activists at the "Granite"
enterprise in Mikshevichy became known. The administration of the
enterprise told the excavator driver Leanid Dubanosau to decide
whether he would continue to pay dues to the union through the
accountancy department of "Granite", and promised to find
some reasons to terminate the labor contract with him provided he
continued doing it. Leanid has been working at "Granite"
for more than ten years and had no admonition from the administration
before. On 17 December there also appeared information about the
pressurization of the treasurer of the trade union organization
Anatol Litvinka. The "Granite" officials demanded from him
written explanations almost everyday. On the basis of these documents
they made remarks which could serve as a formal reason for his
dismissal from work. Before this, similar pressurization was used
towards Anatol's wife, Liudmila, who also worked at "Granite"
and was dismissed from it for relation to the independent trade union
organization.