The Observatory: Belarus: Confiscation of copies of a book written by Mr. Ales Bialiatski
The Observatory for the Protection of Human Rights Defenders
URGENT APPEAL - THE OBSERVATORY
BLR 003 / 0913 / OBS 079
Confiscation of documents
Belarus
September 23, 2013
The Observatory for the Protection of Human
Rights Defenders, a joint programme of the International Federation for
Human Rights (FIDH) and the World Organisation Against Torture (OMCT),
requests your urgent intervention in the following situation in Belarus.
Description of the situation:
The Observatory was informed of the confiscation of 40 copies of a book
titled Enlightened by Belarusianness ("Asvechanyia Belaruschunai"), written by Mr. Ales
Bialiatski, President of the Human Rights Centre (HRC) Viasna and FIDH Vice-President, who is serving 4,5 years'
imprisonment in relation to his human rights activities, after they
were considered as potentially damaging the image of the
country. The 455-pages book is a digest of literary articles and essays on
Belarusian literature, and also features four texts written by Mr.
Bialiatski behind bars.
According to the information received, on September 5, 2013, Ms. Tatsiana
Reviaka, a member of the HRC Viasna, received the conclusions of an expert examination ordered
by the Ashmiany Customs Department, which alleged that Mr. Ales Bialiatskis book could damage the image of the Republic of Belarus. On September 13, 2013, Ms. Reviaka filed a complaint to
the Chairman of the State Customs Committee, urging him to conclude on the
illegality of both the order for the appointment of the examination and of
its conduct.
On July 3, 2013, 40 copies of the book had been confiscated from Ms.
Reviaka at the Belarusian-Lithuanian border. On July 5, 2013, a notice was
sent to Ms. Reviaka informing her that an examination would be carried out
by the head of the chief department for ideological work, youth and
culture of the Hrodna regional executive committee. On July 15, Ms.
Reviaka sent a petition to request a copy of the examination order, as
well as information about the qualifications of the expert, including his
or her level of education, degree, professional experience and previous
experience of conducting similar examinations, invoking Article 138
of the Customs Code of the Customs Union, according to which a customs examination shall be appointed by the customs authorities
and carried out by customs experts as well as experts from
other authorised organisations, while the expert may be a person who possesses the necessary expertise to give expert opinion.
In his response to the request, dated July 22, 2013, the Acting Director
of the Ashmiany Customs Department Mr. Siarhei Samushchau alleged that the
Ashmiany customs did not know who would conduct the examination, while the
decision on the appointment of the examination had mentioned the name
of P.K. Skarabko. Ms. Tatsiana Reviaka therefore sent another petition to
reiterate her previous demands about the qualifications of Mr. P.K. Skarabko.
This was followed by another vague answer which completely ignored her
request.
On August 14, 2013, Ms. Reviaka expressed concerns to the State Customs
Committee that 33 days after the appointment of the examination (i.e. from
July 5 to August 7, 2013), the head of the Ashmiany Customs Department was
still unaware of the expert's name, although Part. 2 of Article 139 of the Customs
Code provides that the period of an examination may not exceed 20 working
days from the date of submission of the expert materials, and that such
materials should be passed to the expert during the same working day.
However, on September 9, 2013, the State Customs Committee replied that
the examination had started on July 24, 2013 and had in reality been completed on
July 30, 2013.
The Observatory expresses its concern about the confiscation of the copies
of Mr. Bialiatski's book on biased grounds and about the series of
procedural irregularities that ensued, and considers it as a means to
further sanction his human rights activities.
Actions requested:
Please write to the Belarusian authorities, urging them to:
i. Cancel the examination order and return the confiscated books written
by Mr. Bialiatski to Ms. Reviaka;
ii. Put an end to any kind of harassment - including at the judicial and
administrative levels - against Mr. Ales Bialiaski, Ms. Reviaka, as well
as against all other human rights defenders in Belarus;
iii. Conform with the provisions of the UN Declaration on Human Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, especially:
- its Article 1, which states that everyone has the right, individually and in association with others,
to promote and to strive for the protection and realization of human
rights and fundamental freedoms at the national and international levels,
- its Article 6 (b) and (c), which states that Everyone has the right, individually and in association with others [
] as provided for in human rights and other applicable international
instruments, freely to publish, impart or disseminate to others views,
information and knowledge on all human rights and fundamental
freedoms and [...] to study, discuss, form and hold opinions on the
observance, both in law and in practice, of all human rights and
fundamental freedoms and, through these and other appropriate means, to
draw public attention to those matters.
- and its Article 12.2, which provides that the State shall take all necessary measures to ensure the protection
by the competent authorities of everyone, individually and in association
with others, against any violence, threats, retaliation, de facto or de
jure adverse discrimination, pressure or any other arbitrary action
as a consequence of his or her legitimate exercise of the rights referred
to in the present Declaration;
iv. Ensure in all circumstances respect for human rights and fundamental
freedoms in accordance with international human rights standards and
international instruments ratified by the Belarusian Republic.
Addresses:
· President Aliaksandr Lukashenka, vul. Karla
Marksa, 38, 220016 Minsk, Belarus, Fax: + 375 172 26 06 10 or +
375 172 22 38 72, Email: contact@president.gov.by
· Head of the Administration of the President of
Belarus, Mr. Uladzimir Uladzimiravich Makei, vul. K. Marksa 34, 220016
Minsk, Fax: + 375 17 226-06-10
· General Prosecutor, Ryhor Aliakseyevich
Vasilevich, vul. Internatsyjanalnaya. 22, 220050 Minsk, Belarus, Fax: +
375 17 226 42 52
· Minister of Justice of Belarus, Mr. Viktar
Ryhoravich Halavanau, vul. Kalektarnaya, 10, 220004 Minsk, Belarus, Email
: kanc@minjust.by
· President of the Supreme Court of Belarus, Mr.
Valiantsin Alehavich Sukala, vul. Lenina, 28, 220030 Minsk, Belarus,
Email: scjustrb@pmrb.gov.by
· Permanent Mission of Belarus to the United
Nations in Geneva, 15 avenue de la paix, 1211 Geneva 20,
Switzerland, Fax: +41 22 748 24 51. Email: mission.belarus@ties.itu.int
· Embassy of Belarus in Brussels, 192 avenue
Molière, 1050 Ixelles, Belgium, Fax : + 32 2.340.02.87, Email : embbel@skynet.be
Please also write to the diplomatic mission or embassy of Belarus in your
respective country.
***
Paris-Geneva, September 23, 2013
Kindly inform us of any action undertaken quoting the code of this appeal
in your reply.
To contact the Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43
55 18 80
· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
