Review-Chronicle of Human Rights Violations in Belarus in May 2013
In May, there was no
positive development in the human rights situation in Belarus, which
remained consistently bad. The absence of real mechanisms of
influence on this sphere inside the country and its strong dependence
on foreign factors created a situation where the greatest
expectations were associated with external influences, especially
concerning the release of political prisoners. However, intensive
contacts of the Belarusian authorities with the European Union, its
institutions and individual countries as well as with the United
States didn't bring perceptible results in this direction. 11
political prisoners were still kept in jail, 2 people continued
serving terms of restriction of liberty without being sent to open
penitentiaries, 8 still had suspended or conditional sentences, and
Andrei Haidukou, the accused in a criminal case on high treason whose
prosecution can be politically motivated, was still kept in the
remand prison. Preventive supervision, established by courts, was
still used towards three former political prisoners as a means of
control and pressure. Prophylactic supervision was used towards 25
political prisoners who were pardoned or released on parole. There
was no improvement in the observance of freedom of expression,
assembly, association, and other rights and freedoms.
However,
in May, there was a serious reason to doubt the strong position of
the European Union regarding the restoration of relations with the
official Minsk only after the release of political prisoners. In the
preliminary report, prepared by a member of the European Parliament
Yu. Paleckis for the European institutions, it is noted that the
human rights situation in Belarus has improved, and therefore it is
recommended to consider "the suspension of EU sanctions against
the key Belarusian officials for the extension of the diplomatic
channels of communication with Belarus taking into account the summit
of the Eastern Partnership." The report provoked strong
criticism from the Belarusian human rights community. As a result,
during the on-line conference on 24 May, hosted by Radio "Liberty",
Paleckis admitted that the words about the "improvement of the
human rights situation" were wrong and had to be changed. During
the discussion of the report at a meeting of the Committee of
Foreign Affairs of the European Parliament in Brussels on 29 May Yu.
Paleckis focused on the fact that his report said nothing about
lifting the sanctions against Belarusian officials and stated that
the prerequisite for the restoration of contact with the Belarusian
side, the release of political prisoners, remained unchanged.
An
important event related to international assessment of the situation
of human rights in Belarus, was the publication of the report of the
UN special rapporteur Miklos Haraszti on 3 May. The document was
prepared under the mandate approved by the UN Human Rights Council.
According to Mr. Haraszti, human rights are systematically limited,
especially in the case of freedom of association, assembly and
expression, as well as the right to the proper conduct of the trial
and a fair trial. The Special Rapporteur noted the centralization of
legislative and executive powers around the president. Miklos
Haraszti expressed concern about the lack of rule of law in Belarus
and the fact that the legal system can not be the guarantor of rights
in the situations where it is contrary to the interests of the
authorities. He highlighted the pressurization of human rights
organizations, including in the form of the judicial liquidation of
the human rights organization "Platform" and the
confiscation of premises of the Human Rights Center "Viasna".
The report made recommendations to the Government of Belarus to
improve the situation with the rights and freedoms of citizens.
Haraszti called attention to the fact that he wasn't allowed to visit
Belarus to review the situation on the ground, as the Belarusian
authorities refused to cooperate with him. This report was approved
by the Belarusian human rights activists, who noted there an
objective approach and the lack of political considerations.
The
Belarusian authorities demonstrated a further departure from the
fulfillment of their international obligations. On 17 May Deputy
Chairman of the Human Rights Center "Viasna" Valiantsin
Stefanovich filed an appeal to the Minister of Foreign Affairs of
Belarus Uladzimir Makei in connection with the failure of the
Belarusian state to implement the decision of the Working Group on
Arbitrary Detention of the UN in the case of Ales Bialiatski. In its
decision of 31 August 2012 the Working Group recognized that the
imprisonment of the head of the HRC "Viasna" and
Vice-President of the International Federation for Human Rights Ales
Bialiatski is arbitrary, and stressed that "adequate remedy was
to release g Bialiatski and to give him the legal right to
compensation in accordance with article 9, paragraph 5, of the
International Covenant on Civil and Political Rights (ICCPR).
"However, the Belarusian side responded by saying that it saw no
point in cooperation with the Working Group and accused it of
political bias. "Belarus has always demonstrated a constructive
attitude towards cooperation with the thematic procedures of the
Council [of the Human Rights Council] and presented to it all
requested information. However, in such circumstances, taking into
account the extreme political partisanship of the Working Group and
the lack of professional ethics in its activities, Belarus sees no
reason for further cooperation with the Working Group in its present
form," stated the official delegation of the Republic of Belarus
during the 22nd session of the UN Human Rights Council in March. The
delegation called the requirements of the Working Group "interference
in the internal affairs of the state": "We regard the
opinion of the Working Group on Bialiatski's case as an attempt to
justify a criminal by calling him a human rights defender and
interference in the internal affairs of a sovereign state."
Taking into account these statements, V. Stefanovich, in his address
to the Minister of Foreign Affairs said that UN special procedures
(including the Working Group on Arbitrary Detention) are subsidiary
bodies of the United Nations. Their legal conclusions, such as the
aforementioned opinion on Ales Bialiatski's case, are solutions of
the UN. The Republic of Belarus as a UN member state has an
obligation to cooperate with all UN bodies and mechanisms (as
provided for in Article 56 of the UN Charter), as well as related
agreements, including the ICCPR, which Belarus ratified in 1973. The
human rights activist, referring to part 5.11 of the Regulations of
the Ministry of Foreign Affairs, approved by the ruling of the
Council of Ministers № 978 of 31 July 2006, stressed that the
duties of the Ministry included the "monitoring the
implementation of international agreements of the Republic of Belarus
by state bodies of the Republic of Belarus and assistance in the
implementation of international treaties of the Republic of Belarus".
In this regard, Valiantsin Stefanovich asked the Minister for Foreign
Affairs to monitor the implementation of decision of the Working
Group on Arbitrary Detention of the UN in the case of Ales Bialiatski
and to take measures to ensure the implementation of this decision by
the public authorities of the Republic of Belarus.
Political
prisoners, criminal persecution of activists
On 2 May the
mother of political prisoner Eduard Lobau, Maryna Lobava, reported
that authorities of Ivatsevichy penitentiary No. 22 had been
depriving her son of an opportunity to get dental treatment for 1.5
years . She stressed that her son had registered for an appointment
with the dentist back in March. On 21 May Eduard Lobau had a
three-day meeting with his mother and brother Uladz. After the
meeting, the penitentiary administration didn't allow to pass food to
the prisoner, allegedly due to violations of the regime. This
happened for the first time, earlier the relatives were allowed to
pass 5-10 out of 30 legally allowed kilograms.
On 2 May, after
one-month break, the mother of the political prisoner Ihar Alinevich,
received a letter from her son. On 5 May Ihar Alinevich called home
to congratulate the family on Easter (the previous call was done on 8
March). On30 May Ihar Alinevich, who is serving his term in the
Navapolatsk penitentiary No. 10,was allowed a short meeting with his
family. Valiantsina Alinevich noted that she was also allowed to pass
a food parcel to him.
On 3 May Tamara Vaskovich, grandmother
of political prisoner Yauhen Vaskovich, stated that she hadn't
received any letters from him for more than a month. The isolation,
created by the administration of the Mahiliou prison No. 4, was
interrupted only at the end of May, people started receiving letters
from him. It also became known that he had received the food parcel
from relatives, whose fate had been unknown for a long time.
On
4 May the political prisoner Pavel Seviarynets, who is serving a
sentence in the open penitentiary in the village of Kuplin in the
Pruzhany district, was released for 3 days for celebrating Easter at
home in Vitsebsk. Since it took a lot of time to get home, Pavel was
able to stay there for just 1.5 days. On 6 May he returned to the
penitentiary. On 29 May P. Seviarynets reported having received more
than 2,000 letters while serving his term, most of which were sent
from the Belarusian regions, every second – from Minsk and one in
ten – from abroad.
On 4 May the former presidential
candidate Milalai Statkevich called his wife Marina Adamovich to
congratulate her with the Orthodox Easter. He stated that she
wouldn't receive his letter of 25 April, because it had been seized.
The letter contained a message to the youth activist Pavel
Vinahradau, who carried out an action of solidarity with Statkevich
and served a 12-day arrest for that. On 29 May Statkevich's wife
reported that some strange fuss was again started around the
political prisoner in prison No. 4 in Mahiliou, which reminded an
attempt of the prison administration to squeeze out a clemency
petition. This time it could be done by handwriting forgery. M.
Statkevich decided to get ahead of that possibility. Such threats
were posed to the prisoner in the Shklou penitentiary back in summer
of 2011.
On 7 May Volha Haidukova, the mother of the
24-year-old resident of Navapolatsk Andrei Haidukou, accused of
"high treason", was refused a meeting with her son by a
ruling of investigator of the Vitsebsk KGB Aleh Barysevich. As she
learned from the son's letter of 29 April, the investigation had been
completed and the prisoner was being acquainted with the case. On 27
May it was announced that the case would be considered by the
Vitsebsk Regional Court. On 30 May the Chairman of the KGB of Belarus
Valery Vakulchyk reported that the hearing of the case of Andrei
Haidukou would be held in closed session. He also said that the
charges against Haidukou remained unchanged. On 31 May the date of
the trial was announced, 12 June. The case will be considered by
Judge Halina Urbanovich. Human Rights Center "Viasna" and
the Belarusian Helsinki Committee issued a joint statement in which
they called on the authorities to provide for an open trial of A.
Haidukou. The mother of the activist also insists that the trial be
open.
On 12 May, the counsel of the political prisoner
Aliaksandr Frantskevich visited his client at the penitentiary
"Vouchyia Nory" and reported that Aliaksandr had been shown
the document according to which he would be released on 6 September.
On 28 May it was announced that Aliaksandr Frantskevich was kept in
solitary confinement.
On 15 May it was announced that the
political prisoner Mikalai Autukhovich was unable to feed properly
due to problems with his teeth – the bridges which had been once
installed were falling off. The law does not stipulate rules how to
act in this situation, but it can be interpreted as a lack of the
necessary medical assistance.
On 16 May Natallia Pinchuk, the
wife of the Chairman of the Human Rights Center "Viasna"
Ales Bialiatski, visited the Babruisk penitentiary No. 2 in order to
pass him closes and means of hygiene, and learned that in March the
human rights activist had deprived of the right to food parcels for
six months until August. Natallia Pinchuk passed him a tracksuit, bed
linen and other things. It was the only parcel the prisoner was
allowed to receive during the year. On 20 May the human rights
organization Front Line Defenders issued a statement on the use of
new cases of disciplinary action by the administration of the
penitentiary against Ales Bialiatski. On 27 May, as a part of the
38th Congress of the International Federation for Human Rights
(FIDH), Ales Bialiatski was re-elected Vice-President of FIDH. In
2007, he became the first vice-president of FIDH from Eastern Europe,
in 2010 he was elected to a second term. As it became known from
Bialiatski's letters, he is preparing to publish his three books: the
first one is devoted to the human rights movement, the second is a
collection of his publications in the press, interviews and
recollections for more than 15 years of human rights activities. The
concept of the third edition is in the process of development – it
will be a manual for civil society activists and human rights
defenders on the organization of companies in support of political
prisoners.
On 22 May the political prisoner Artsiom
Prakapenka, who is serving his term in the Mahiliou prison No. 4 was
granted permission to a short meeting with his family. His father
said that the son had some minor health problems.
Death
penalty
On April 30 Senior Assistant Prosecutor of the
Mahiliouo region Ala Kuzniatsova stated that the Mahiliou Regional
Court issued the first death sentence for 2013. The verdict was
issued to a native of the Zhytomyr region born in 1969 who was found
guilty of four murders. The last murder was committed by him in the
Mahiliou prison No. 4, where he was serving a 25-year sentence. Since
June 2012, he shared a cell with a resident of Barysau, born in 1990,
and another prisoner. He proposed the latter prisoner to play
dominoes with him to "life" – the winner takes the life
of the one who loses the game. The initiator won the game.
After
that, the winner agreed with his cell-mate (born in 1990), when they
would kill the loser. On 4 July 2012, they strangled the cell-mate
with a scarf. The native of the Zhytomyr region fully admitted his
guilt in court, despite the fact that he repeatedly changed his
testimonies. The other prisoner denied his involvement in the murder,
but his guilt was proved completely during the preliminary
investigation and court proceedings. The court found both guilty of
the crime. The native of the Zhytomyr region received a cumulative
sentence with the account of the prior offenses and was punished by
death. The resident of Barysau was sentenced to 16 years in a
high-security penal colony. As noted by Ala Kuzniatsova, the person
convicted of the crime already committed three murders, all of which
also belong to the category of serious and very serious. The man
received extremely negative characteristics, he repeatedly violated
the punishment regime and was put on the preventive register in the
Mahiliou prison No. 4 as a person, prone to escape, assault and
suicide. According to a representative of the regional prosecutor's
office, the convicted presented a threat to society, even in strict
isolation, neither a long prison term nor life imprisonment could
correct him, that's why his punishment with death "is fully
justified." The verdict was announced on 24 April and has not
yet entered into force.
On 28 May human rights activist and
political prisoner Ales Bialiatski said in a letter that prisoners
are informed about death verdicts. According to Bialiatski, the
information about the death sentence appeared at the bulletin board
of the Babruisk penitentiary where he is kept. Most probably, such
information is presented to the prisoners in order to maintain
discipline.
On 1 June the program"Secrets of the
investigation", shown on the 1st channel of the Belarusian TV,
announced the names of the parties to the case which resulted in the
issuance of the death verdict. The name of the death convict is Ryhor
Yuzepchuk, the name of his cell-mate sentenced to 16 years of
imprisonment is Pavel Petrakou and the victim of the prison murder
was Ihar Khadarkou.
Enforced disappearances
On
7 May there turned 14 years since the disappearance of general Yury
Zakharanka in the center of Minsk under mysterious circumstances. He
was kidnapped the evening of 7 May 1999 in Mahiliouskaya Street in
Minsk on the way home. Soon his family received political asylum in
Germany. The investigation into the case of the disappearance of Yu.
Zakharanka hasn't been completed. According to human rights activist
Aleh Volchak, who is the trustee of the Zakharankas, once every three
months he gets a message from the investigators about the
prolongation of the preliminary investigation. The investigation into
the killing of Yury Zakharanka was started on 17 September 1999 under
Article 101 of the Criminal Code (murder). This means that it can be
terminated on 17 September 2014 due to the expiration of the time
limits for bringing the perpetrators to justice. Belarusian human
rights activists intend to seek a change of the charges to article
128 of the Criminal Code (crimes against humanity), which has no time
limitations. The disappearance of Yury Zakharanka was the first
high-profile disappearance of people in Belarus who are considered
opponents of Lukashenka. On 16 September 1999 the member of the
Supreme Soviet of the 13th Convocation Viktar Hanchar and businessman
Anatol Krasouski went missing, and in the summer of 2000 journalist
Dmitry Zavadski, who used to be Lukashenka's personal cameraman,
disappeared.
Activation of the pressure of security
services on civic and political activists
On 15 May
Klimavichy activist of "Tell the Truth" Aliaksandr Balobin
received a reply from the Mahiliou Regional Prosecutor's Office to
his complaint about the actions of the Krychau Inter-district KGB
Department, who detained him on 27 March near the Klimavichy District
Military Enlistment Office and took him to Krychau. In the response
of the Mahiliou Regional Prosecutor's Office, signed by the senior
counselor of justice, Assistant Prosecutor M. Ramanouski it is stated
that "the staff of the Krychau Inter-district KGB Department
acted lawfully and reasonably during the exercise of individual
preventive measures towards you (Aliaksandr Balobin – editor's
note).There are no grounds for the application of measures of
prosecutor's reaction." According to the response of the
prosecutor's office, officers of the Krychau Inter-district KGB
department held a prophylactic talk with Aliaksandr Balobin, which is
"the mildest of the individual measures of crime prevention".
The reason for the talk was "a number of posts at your account
at the social network "VKontakte" which came to the
attention of employees of the KGB during the monitoring of the
Internet and tell about your participation in the political life of
the region, as well as your activities in the unregistered public
association "Tell the Truth". A bit earlier Aliaksandr
Balobin received a reply to his appeal to the Mahilou Regional KGB
Department, where he also complained about the actions of the Krychau
Inter-district KGB Department and demanded a compensation for the
costs of his return from Krychau to the village of Paulovichy in the
Klimavichy district where he lives. In response, signed by the deputy
head of the KGB department S. Feaktystau, it is stated that "no
violations can be found in the actions of the Krychau IDD KGB
Department". It also stated that compensation for travel
expenses in this case is not provided.
On 21 May an unknown
person called to the mobile phone of the Mahiliou blogger Dzmitry
Yarmolenka, introduced himself as a KGB officer and offered to meet
to socialize in an informal setting. The youngster refused to meet
with him, saying he would come only if summonsed by an official
paper. The KGB officer said that there was no pressing need for it,
and he could come to talk with Dzmitry at his work, but never
appeared. Dzmitry Yarmolenka stated that the security agencies were
interested in his article about a volunteer from Germany, Marlene
Helsh, who worked in the Mahiliou fund "Blakitnyia Berahi"
("Blue Banks") with pre-school children and people with
disabilities since September 2012 to mid-May of 2013. Marlene has
left Belarus, however, the interest in her personality and
publications at the Mahiliou site "Free Format"
(http://formats.by) under the heading "Diary of a Volunteer"
only increased. It should be noted that the KGB also called to the
Mahiliou fund "Blue Banks" and asked its director Sviatlana
Pahirskaya if she knew that the volunteer from Germany was publishing
her notes at the website "Free Format".
On 21 KGB
officers paid a visit to the Mahiliou trade union leader Halina
Lisitsyna, who refused to talk with them in the absence of a warrant.
Several days before Halina Lisitsyna had to talk to KGB officers for
about two hours. The questions concerned the activities of trade
union activists trips, as well as the likely successor to her
position. The woman said that she got the impression that the KGB
knew more about her than she did. Due to their activity her family
faced some problems. According to the activist, KGB officers also
came to work of another trade union activist, whose name she decided
not to tell.
Use of torture and other cruel and inhuman
treatment
On 6 May after following his release from the
delinquents' isolation center after a10-day arrest for participation
in the Chernobyl Way rally, activist of the "European Belarus"
Aliaksandr Tarnahurski said that his cell had lice and the prison
authorities refused to sanitize it. Civic activist Dzmitry Charniak,
released the same day, stated that there was also a lousy prisoner in
their cell.
Administrative prosecution of political
activists, arbitrary detention
On 2 May the activist of
the movement "For Freedom" Yan Melnikau was detained by
police in Gorky Park in Minsk for holding a banner with the
inscription "Anarchism is not a crime, Ihar Trukhanovich is not
a criminal". He spent the night at the Pershamaiski District
Police Department of Minsk. On 3 May the activist was charged with
participating in an unauthorized mass event and disobeying the
requirements of the police officers (Part 3 of Art. 23.34; Article
23.4 of the Code of Administrative Offenses of the Republic of
Belarus). Judge of the Minsk Tsentralny District Court Victoria
Shabunia sentenced him to ten days of arrest. The case was tried
without a lawyer.
On 3 May Vitsebsk activist of the
Conservative-Christian Party "Belarusian Popular Front"
Siarhei Kavalenka, who is under preventive supervision after his
release from the Mahiliou penitentiary in September 2012, was
summoned to the Pershamaiski District Inspection of Vitsebsk, where
he was presented a second warning. The first warning was issued to
Siarhei Kavalenka on 16 April for a violation of the traffic rules.
The second one concerned the same episode on 25 March, but concerns
the alleged use of foul language towards the police by S. Kavalenka.
In 2010 Kavalenka, who was serving a term of personal restrain at the
time, was sentenced to 2.1 years in a penitentiary after receiving
two warnings.
On 4 May an activist of the organizing
committee of the party "Belarusian Christian Democracy"
Siarhei Verameyenka was summoned to the police station and given
charges in connection with his detention on 12 March. The activist
was acquainted with the results of the examination of the leaflets
with information about political prisoners and copies of the
newspaper "Krynitsa Haradzenskaya" by the Ministry of
Communications, according to which the printed materials did not meet
certain technical standards. Siarhei Verameyenka was charged with the
distribution of printed materials without imprint. On 7 May the
Leninski District Court of Hrodna fined him 2 million rubles.
On
8 May the Baranavichy City Court considered the administrative case
of the UCP activist Anzhalina Kambalava, detained by police on 7 May
for organizing and holding an unauthorized rally in the memory of the
former Minister of Internal Affairs of Belarus Yury Zakharanka who
had gone missing 14 years ago. The activist spent the night in a
temporary detention cell. The court session was led by Judge
Katsiaryna Hryda, who found the activist guilty under Part of Article
23.34 of the Code of Administrative Offenses and fined her 2 million
rubles.
On 9 May the leader of "Zmena", the youth wing
of the civil campaign "Tell the Truth" Pavel Vinahradau,
was taken to the police station around 7 a.m. right out of his
apartment. The police officers offered no explanations. He was
released at 4.45 p.m. Pavel Vinahradau stated that the police had
shown him two preventive films: about the dangers of drinking and
about the need to be attentive while driving. Vinahradau was let go
only after the release of the activist of the "Young Front"
Uladzimir Yaromenak from the delinquents' isolation center in
Akrestsin Street (Vinahradau organized his festive meeting due to the
end of the arrest term). To prevent the meeting, the police took U.
Yaromenak out of the city and blocked the SIM-card on his cell phone.
Nevertheless, friends took the activist back to the entrance of the
detention center, where he was met by friends and like-minded
people.
On 17 May Judge of the Kastrychnitski District Court
of Vitsebsk Alena Protas found the head of the regional branch of the
BPF Party Leanid Autukhou and a member of the party Kanstantsin
Smolikau guilty of violating the Law "On Mass Media" by
distribution of the newsletter "Magistrate". On 22 March
Autukhou and Smolikau were detained at the "Evicom" mall.
At first, the detainees were charged with of the Law "On Mass
Events", as far as the bulleting contained an article about the
rally on Freedom Day, 25 March, were sentenced to 5 days of arrest.
Later the police decided that the circulation of the bulletin
exceeded 299 copies, though they didn't count the bulletins one by
one, but in big stacks, drawing it as an argument. According to
Kastus Smolikau, he had only two copies of the bulletin in his hands
at the time of the detention. All other copies were "counted"
by the policemen who found them after searching the car, driven by
Leanid Autukhou. As a result, Kastus Smolikau and Leanid Autukhou
were also sentenced to pay fines of 3 million rubles.
On 17
May Judge of the Pershamaiski District Court of Minsk Yury
Harbatouski fined a former political prisoner Basil Parfiankou 3
million rubles for breaking the rules of supervision (Part 2 of
Article 24.12 of the Code of Administrative Offenses,
"Non-implementation of the requirements of preventive
supervision". On 16 May police inspector Aliaksei Piarkou came
to Parfiankou's apartment to check his location, but Parfiankou was
not at home, as a result of which the violation was registered. In
fact, Parfiankou lingered a bit at work, and when he returned home
the police officer was already waiting for him.
On 18 May the
Kastrychnitski District Court of Vitebsk considered the
administrative case against the members of the CCP BPF Yan
Dziarzhautsau and Vital Kavalenka. Judge Ina Hrabouskaya of taking
part in the 26 April unauthorized mass event on the basis of a video
from youtube.com. Dziarzhautsau and Kavalenka came to Zamkavaya
Street on the anniversary of the Chernobyl accident with the posters
"Only an enemy of Belarus can construct a nuclear power plant
without the consent of the people" and "Dictator, if you
build Astravets – Chernobyl may come around". However, it
wasn't noticed by the Vitsebsk police, who arrived there when the
activists were about to leave, and their posters were folded.
Therefore, the main evidence at the trial were the videos which had
been posted on the Internet. Judge Ina Hrabouskaya fined each of the
defendants 2 million rubles.
On 21 May LGBT activist Aliaksei
Kulik was taken off the train at the Ukrainian-Belarusian border
station Tsiarukha for personal customs examination. The activist was
kept at the customs office since 4 till 7 a.m., while in the act of
personal examination it is indicated that the procedure lasted only
15 minutes. During the personal examination Aliaksei was asked to
show his luggage, the computer and the flash drive and to strip to
his underwear. No prohibited items were found. The official reason
for the personal customs examination was a coincidence. The activist
was told that those who often go abroad periodically undergo such a
procedure, and was warned that he could be subjected to it again
while crossing the state border.
On 22 May the administration
of the Hlybokaye District Executive Committee fined former math
teacher Mar'yan Misevich for painted his balcony as a white-red-white
flag and attaching the national coat of arms "Pahonia" to
it. In the police report it was called a "violation of the
architectural solution" of the building. Mr. Misevich was
punished with a fine of 200,000 rubles.
On 31 May 31 morning
the leader of "Zmena" was was preventively detained and
taken to the Maskouski District Police Department of Minsk for a
"prophylactic conversation". The police didn't let
Vinahradau's counsel to represent his interests, as far as he "wasn't
detained". The activist belives the real reason was the summit
of CIS prime-ministers in Minsk. P. Vinahradau was kept at the police
department for 12 hours and was released in the
evening.
Restrictions on freedom of speech and the
right to disseminate information, harassment of journalists
On
2 May "Freedom House" published a report on freedom of the
press in 2012. Belarus was listed among the outsiders. Norway and
Sweden are at the top of the rating, followed by a few countries in
Western Europe and the United States. According to the report, the
worst countries for journalists are Belarus, Cuba, Eritrea,
Equatorial Guinea, Iran, North Korea, Turkmenistan, and Uzbekistan.
As the report says, independent media are virtually non-existent
there.
On 2 May police inspector of the Bialynichy DPD,
lieutenant Aliaksandr Yemelyanau, paid a visit to the private home of
independent journalist Barys Vyrvich in the agrarian settlement
Vialikaya Maschanitsa in the Bialynichy district. The main reason for
his visit was to find out how the report about the farm
"Lebiadzianka" appeared at the Polish satellite TV channel
"BelSat" and whether the independent journalists who shot
it were members of the staff of the TV channel. The same day
Aliaksandr Yemelyanau also paid a visit to the house of a resident of
the village of Lebiadzianka Valery Vusik. According to Mr. Vusik, the
police inspector asked him where he got acquainted with the
independent journalists and how the report about "Lebiadzianka"
appeared at "BelSat". On 13 May the independent journalists
from Mahiliou Yauhen Hlushakou and Alina Skrabunova were summonsed to
the office of police inspector Aliaksandr Yemelyanau at the
Bialynichy DPD. However, they decided not to come there as the
notices weren't composed correctly: it was stated that they were
summonsed to the DPD for questioning as "persons against whom an
administrative case was brought". On 20 May Yauhen Hlushkou and
Alina Skrabunova did not appear at the DPD. On 22 May the
administration of "Lebiadzianka" filed a collective
complaint against the "false information about the internal
situation at the agricultural cooperative". As a result, Alina
Skrabunova was questioned at the Kastrychnitski DPD of Mahiliou. A
police officer stated that the Bialynchy District Prosecutor's Office
ordered him to question the journalists Alina Skrabunova, Yauhen
Hlushkou and Barys Vyrvich and civic activist Valery Vusik.
On
6 May in the evening the journalist of the Belarusian Radio "Racyja"
Aliaksandr Yarashevich and blogger Dzmitry Halko were detained near
the metro station "Mikhalova" in Minsk. At about 8.40 p.m.
a police minibus with a group of riot policemen stopped near them,
after which they were pulled into the bus and taken to the Maskouski
DPD of Minsk. The policemen charged with insubordination. On 7 May
they were tried at the Maskouski District Court of Minsk under
Articles 17.1 and 23.4 of the Code of Administrative Offenses
("disorderly conduct" and "insuboardination to the
police"). Judge Tatsiana Motyl sentenced Dzmitry Halko to ten
days of arrest and Judge Yauhhe Khatkevich sentenced Aliaksandr
Yarashevich to 12 days of arrest. On 21 May the Minsk City Court
considered their appeals and left the initial verdicts unchanged.
On 8 May Radio "Liberty" journalist Aleh
Hruzdzilovich was presented a warning, signed by the first deputy
prosecutor of Minsk Ramanouski. The warning was issued for some
articles and the book "Who blew up the Minsk metro?". It
says that the journalist "has carried out the action on the
penetration of the metro station "Frunzenskaya" with metal
items in a bag that looks like the one used by the organizers of the
terrorist attack in the Minsk metro". The matter is that on 10
April Aleh Hruzdzilovich prepared an article about the work of the
security service of the Minsk metro. The prosecutor's office states
that the journalist posted his critical article "With a big bag
in the metro: checked twice, nobody looked inside" with a
supporting video at the website of Radio "Liberty". The
warning also says the presentation of the book "Who blew up the
Minsk metro?" by Aleh Hruzdzilovich was held. According to the
warning, the book ""challenges the official results of the
criminal investigation into the explosion in the Minsk metro, as well
as the validity of the Belarusian the judicial system as a whole".
The warning also states that the journalist can receive criminal
punishment "in case of submission of false information about
political, economic, social, military and the international position
of the Republic of Belarus and the legal status of citizens of
Belarus, discrediting the Republic of Belarus and its authorities, to
a foreign state, foreign or international organizations, discrediting
the Republic of Belarus and its authorities".
On 13 May
all heads of schools and kindergartens of the Slonim district visited
the head of the educational department of the Slonim District
Executive Committee Teresa Yushkevich and showed her the receipts for
subscription to "Nastaunitskaya Hazeta", the district
newspaper "Slonimski Vesnik", "Hrodzenskaya Prauda",
"Sovetskaya Belorussiya" and "Znamya Yunosti".
The subscription to these state-owned newspapers is under the
personal control of the head of the Department of Education. All
heads of schools and kindergartens had to subscribe themselves to
these newspapers, as well as their schools and kindergartens, under
the pressure of the official. The teachers are dissatisfied with such
compelling and appealed to the independent "Hazeta Slonimskaya"
, which published their complaint and the list of newspapers they
were to subscribe to. For example, the secondary schools of Slonim
were ordered to subscribe to at least 15 copies of "Sovetskaya
Belorussiya", "Slonimski Vesnik" and "Nastaunitskaya
Hazeta", for the district school this norm was 8 copies, for the
primarry schools of the district – 4 copies, and for kindergartens
– at least 2 copies.
On 17 May the distributor of the
independent newspapers "Novy Chas" and "Rabochaya
Salidarnsasts" Ryhor Chyk was invited for a talk to the office
of the head of the ideological department of the Baranavichy City
Executive Committee Tatsiana Zhytko. At the office Mr. Hryk was met
by two more officers of the ideological department, who also took
part in the "prophylactic talk" with him. As the activist
found out, he was invited for the talk to be persuaded to stop
political activity and, as said by Tatisan Zhytkova, give up
"stirring people up".
On 22 may the magazine "Arche.
Pachatak" was re-registered by the Ministry of Information with
a new founder. The registration was given to the magazine on the
fifth attempt. The editorial office started the attempts to return
the legal status to the edition back in November 2012.
On 25
May the Hrodna journalist of the Belarusian Radio "Racyja"
Viktar Parfionenka was denied accreditation for the fifth time. The
BAJ member applies for the accreditation each year and receives
repeated denials. Nevertheless, he intends to continue his attempts.
On 27 May the Krychau District Court summoned the editor of
the independent newspaper "Volny Horad" Siarhei Niarouny
and its publisher Uladzimir Kudrautsau avtsev on June 5 as defendants
in the lawsuit for the protection of the business reputation, filed
by the Cherykau enterprise PMK No. 280. The head of the organization,
A. Fralou, asked the Krychau District Court to declare the
information about PMK No. 280, published by the newspaper, as false
oblige the newspaper to print a refutation in the same column. The
lawsuits concerns the article "Bondsmen", written after a
telephone call to the editorial office of "Volny Horad",
made by the wife of a worker of PMK No. 280 who stated that her
husband hadn't been paid wage for three months.
On 29 May it
became known that the members of the Belarusian Association of
Journalists Volha Chaichyts and Ales Silich were summonsed to the
Smaliavichy District Prosecutor's Office for giving explanations. The
journalists think they are summoned to the prosecutor's office in
connection with their presence at the public discussion of the
project of the Belarusian-Chinese industrial park near Smaliavichy,
held in April. A policeman, who was present at the discussion, put
down their passport data and promised that they would be punished. On
30 May Volha Chaichyts received a written warning from the
Smaliavichy District Prosecutor's Office for collaboration with the
satellite TV channel "BelSat".
On 30 May the
journalist of the newspaper "Narodnaya Volia" Maryia
Malevich was not accredited at a press conference dedicated to the
"First Cheese Festival near Minsk." At first, she was
invited to the event, but later was called back and asked not to
come, citing the presence of officials, who could be asked unpleasant
questions by the journalist. At the request of the press service of
the Belarusian Association of Journalists to comment on the
situation, the responsible for the accreditation to the festival
Andrei Kiryienka called the actions of the journalist "inadequate"
and refused to give any comments.
On 31 May Judge of the
Minsk City Court Valery Kamisarau left in force the verdicts
according to which the journalists Henadz Barbarych and Aliaksandr
Yarashevich were sentenced to arrest, following the detention after
the authorized rally "Chernobyl Way" on 26 April in Minsk.
The journalists pointed a large number of inaccuracies and violations
on the part of the police, stressing that the police witnesses were
interested in recognizing them guilty, as otherwise they would
receive administrative punishment. Henadz Barbarych and Aliaksandr
Yarashevich told in detail about the circumstances of their detention
and the actions of the police officers. In particular, they insist
that the police did not introduce themselves, did not explain the
reasons for the detention, did not familiarize them with the
detention and violation reports and couldn't tell the place of the
detention at the trial. Despite this, Judge Valery Kamisarau found no
reasons to abolish the verdicts of the first instance.
Restriction
of freedom of assembly
On 3 May Brest activists of the
United Civil Party received waivers from the Brest City Executive
Committee to 12 applications for holding pickets on 7 May. By means
of these actions the activists intended to remind the public about
the 14th anniversary of the disappearance of the former Minister of
Internal Affairs, politician Yury Zakharanka, as well as to the
disappearance of other well-known people - Viktar Hanchar, Anatol
Krasouski and Dzmitry Zavadski. In its response the officials of the
Brest City Executive Committee stated that such actions could be
carried out only in certain places (the "Locomotive"
stadium and the Park of Soldiers-internationalists).
On 6 May
the Baranavichy District Executive Committee banned the Milavidy
Feast, scheduled by the city public for 2 June and dedicated to the
150th anniversary of the Battle of Milavidy which took place in 1863.
This became known from a letter signed by the deputy chairman of the
executive committee Anatol Filanchuk and received by the organizers
of the festival Viachaslau Bolbat, Teresa Silivonchyk and Viktar
Syrytsa. As it was stated in the response of the district officials,
"the cultural department Baranovichsky executive committee plans
to hold a mass event event dedicated to the 150th anniversary of the
Battle of Milavidskay 1863 at this place and in this time, so there
is no need to hold another event on the same topic". According
to Viktary Syrytsa, the organizers of the festival filed a detailed
application to the executive committee almost two months before the
event and entered into service agreements with the district police,
health center and housing and communal services. Nobody told them
that another event would be held on 2 June. Having received the
waiver, the activists applied for holding the festival on 9 June. On
21 May the Baranavichy District Executive Committee issued another
ban. This time the deputy head of the executive committee Anatol
Filanchuk referred to a violation of paragraph 5 of the Law "On
Mass Events", but didn't explain what was violated by the
organizers .
On 3 May the Salihorsk District Court dismissed
the complaint of civic activist Uladzimir Shyla against the ban on
the picket he intended to hold on Freedom Day, 25 March. The case was
considered by the deputy head of the court Ala Trafimchuk. The
defendant was represented by a lawyer of the Salihorsk District
Executive Committee Aliaksei StrapkoThe court session was also
attended by representatives of the police and the prosecutors'
office. In his speech during the trial Uladzimir Shyla noted that the
decision in this case was already known to all parties and the aim of
his complaint is to register the human rights violation for the
future, so that all those involved in violations would be brought to
justice. On 20 May Uladzimir Shyla filed a complaint against the
prohibition the picket to the Minsk Regional Court.
Restriction
of freedom of association
On 30 April the Council of
Ministers adopted a decree № 327 "On approval of the list of
public organizations (associations) and their organizational
structures, foundations, associations of legal entities and (or)
individual entrepreneurs (associations and unions), for whom the
reduction factor of 0.1 applies during the estimation of the rent
costs, and the invalidation of certain decisions of the Council of
Ministers of the Republic of Belarus". This list replaces the
previous list of non-profit organizations which had rent benefits,
issued on 8 April 2010. The latter list was replenished with new
organizations, and in 2012 contained 451 non-profit organizations
that rented premises at at one-tenth of the cost compared to the
other tenants. The new list, adopted on 30 April 2013, provides
benefits only for 195 public associations, their organizational
structures, foundations, unions and associations. Thus, the number of
non-profit organizations that are entitled to preferential rates for
tenancy was reduced more than twice. The vast majority of
organizations that remain in the list of beneficiaries are
charitable, Chernobyl, humanitarian and sports organizations. Among
the organizations which used to enjoy preferential policies, but were
not included in the new list there are the World Association of
Belarusians "Backawscyna", the Belarusian Language Society
named after Skaryna", the Belarusian Association of UNESCO
Clubs, the Belarusian public association "Environmental
Initiative", the charitable association of blood donors "Drop
of Life", the public association of Lithuanians "Tevine",
the International public charity "Hope Express", the
International public association "Palestinian community",
the public association "For Children of Chernobyl", the
public association "Mahiliou Jewish community", the public
organization " Belarusian SOS Foundation – Children's
Village", etc. All in all, 256 organizations were deprived of
benefits and will have to pay the whole cost of the rent. Some
political parties were deprived of the tenancy preferences as well:
the Belarusian Social-sports Party, the Belarusian Patriotic Party
and the Belarusian Agrarian Party. Thus, such preferences were left
only for the Communist Party of Belarusian and the National Party of
Labor and Justice.
On 20 May Halina Herasimava, a Mazyr
activis of the Civil Initiative against lawlessness in the courts and
the prosecutor's offices, received a verbal warning from the first
Deputy Prosecutor of the Homel Region, Vadzim Sushchynski. The
activist was warned about the inadmissibility of activities of the
unregistered public association. The text of the warning was read by
the head of the Section of Law Enforcement and Crime Prevention of
the Mazyr District Police Department Aliaksandr Bykau, who held a
prophylactic talk with the activist. He stated that members of the
civil impeded the work of state institutions by their activities.
On
3 May the Main Economic Board of the Presidential Administration
launched a campaign for the termination of the rent contract and
eviction of the National Youth Public Association "Sustrecha"
("Meeting") from its office. On this day, the organization
received a letter warning of the need to cancel the rent agreement
and vacate the office within three business days. The economic bureau
offered no explanations for its actions. According to "Meeting",
the cancellation of the rent agreements was also initiated in other
cities where the anonymous consultation rooms of the association are
situated. According to the received letters, the rent contracts there
must be canceled until the end of May. If "Meeting" doesn't
find a new place to register its legal address during two months
after the eviction, it can be liquidated through court. The
organization's administration believes that the reason for the
actions of the authorities is that "Meeting" conducts
activities for the prevention of HIV/AIDS and STIs among men who have
sex with men. To solve this situation, representatives of the
association sent a letter to the Ministry of Health and the UNDP with
the request to assist in preventing the liquidation of "Meeting",
maintaining the state rent and accordingly, continuation of its
prophylactic activities in the framework of the Global Fund grants.
"Meeting" has operated in the field of HIV/AIDS prevention
since 1998.
On 21 May an excavator operator of the "Granite"
enterprise Leanid Dubanosau learned that his labor contract wasn't
extended. This day he returned to work after vacations, but wasn't
admitted to his working place for the night shift. The chief of the
guard Ruslan Bunevich told Mr. Dubanosau, that his labor contract was
terminated on 16 May, but didn't present any documents to prove his
statement. Leanid Dubanosau invited witnesses and composed an act
that he was not allowed to start his work. Till recent, L. Dubanosau
was the only founder of the independent trade union organization at
"Granite" who continued working at the enterprise. Al other
activists of the trade union had been dismissed from it earlier and
didn't manage to get reinstated even through the courts. The
administration of "Granite" has struggled against the
existence of the independent trade organization for almost 1.5 years.
On 31 May the activist of the civil campaign "Tell the
Truth" Aliaksanr Kuzmin from Belaaziorsk filed a complaint to
the Brest Regional Prosecutor's Office concerning the invalidity of
the warning, issued to him under Art. 193.1 of the Criminal Code.
Kuzmin asked the regional prosecutor's office to abolish the official
warning issued by the Biaroza district prosecutor Dzmitry Dziarabin,
as far as he didn't consider his activities within the framework of
the campaigns held by "Tell the Truth" as activities on
behalf of an unregistered organization. The case concerning his
activities on behalf of an unregistered organization appeared after
an appeal of the head of the Belaaziorsk City Executive Committee
Viachaslau Dambrouski to the Biaroza District Police Department.
Kuzmin and his counsel had to wait for a month get an opportunity to
familiarize with the case.