Weekly Review of Post-election Situation in Belarus (25 April – 1 May)

Trials of the criminal cases instigated for participation in the post-election protest actions continued in the Minsk courts during the whole week. All in all, 11 defendants were tried. A verdict to Dzmitry Bandarenka, a coordinator of the civil campaign European Belarus, was pronounced: he was punished with 24 months of imprisonment under Article 342 of the Criminal Code. The crackdown on the freedom of word increased as well - the largest private socio-political editions, Narodnaya Volia and Nasha Niva face the closing down. Activities of human rights defendants are banned as well: an expert of the International Observation Mission Ivan Kondratenko was deported from Belarus. Administrative persecution is going on, too: detentions of participants of street actions ended with fines and arrests.


Politically motivated criminal persecution

On 27 April Judge Tatsiana Ravinskaya pronounced the verdict to the European Belarus coordinator Dzmitry Bandarenka, electioneering agent of presidential candidate Andrei Sannikau – 2 years of imprisonment in a minimum-security colony.

Marek Migalski, a member of the European Parliament and a substitute to the European Parliament’s Delegation for relations with Belarus took over a prisoner’s godparenthood for Dzmitry Bandarenka within the framework of an appropriate campaign of the human rights organization Libereco.

On 27-29 April the Kastrychnitski District Court of Belarus tried the criminal cases of Dzmitry Drozd, Uladzimir Khamichenka, Ales Kirkevich, Andrei Pratasenia and Pavel Vinahradau. All of them were charged under Article 293, part 2 of the Criminal Code, “mass riot”. Vinahradau was also charged under Article 370, part 2 of the Criminal Code - “outrage of the state symbols”, as he had burned a state flag in 2007. The trial was held by Judge Ala Bulash. Drozd, Kirkevich and Vinahradau pleaded innocent, whereas Khamichenka partially admitted his guilt. The questioned police witnesses mostly repeated the testimonies they had given during the previous trials. By the way, the forensic expertise failed to confirm their beating. Moreover, some of them didn't even undergo such expertise. The experts who had examine the psychological health of Khamichenka, presented the results of their expertise at a closed hearing. The trial will continue on 4 April.

On 27 April Natallia Chatsvertakova, Judge of the Partyzanski District Court, started the trial of Aleh Hnedchyk, Fiodar Mirzayanau, Andrei Sannikau, Illia Vasilevich and Uladzimir Yaromenka who are charged under Article 293, part 1 of the Criminal Code, “organization of mass riot”. Counsel Varvashevich solicited for the replacement of the restraint to Sannikau to a written non-leave undertaking or home arrest. The court didn't grant the petition, as the accusation article envisages more than 2 years of imprisonment and the crime is considered as grave. According to the prosecutor, the demonstrators were armed with incendiary mixes, axes, spades and pointed sticks and came to the Square to protest against imaginary falsification of the election. Their actions allegedly resulted in the infliction of numerous traumas to the police. There are 29 police victims in the cases – those who were also present in the case of Mikita Likhavid. On 28 April 8 of them were questioned – 18 riot policemen are on vacation leaves and 1 is undergoing a medical examination, that's why it was “impossible” for them to appear at the trial. On 29 April the judge questioned witnesses of the defense. Human rights defenders Ales Bialiatski and Uladzimir Bialiatski took the floor. The trial will resume on 4 May.

On 29 April the Minsk City Court dismissed Mikita Likhavid's complaint against the verdict of the Partyzanski District Court of Minsk, according to which the activist had been sentenced to 42 months of imprisonment. According to the convict's mother, on 7 May he would be transferred to a penal colony in Navapolatsk. She hopes to have a meeting with him in the pre-trial prison in Valadarski Street in Minsk before this.

The date of the trial of the criminal case of the Belarusian anarchists Ihar Alinevich, Mikalai Dziadok, Aliaksandr Frantskevich and Maksim Vetkin, charged with a number of arsons of buildings, etc., was appointed on 18 May. The case will be tried by Zhanna Khvainitskaya, Judge of the Frunzenski District Court of Minsk.


Freedom of word

On 25 April the Ministry of Information filed claims with the Supreme Economic Court for cessation of the issue of Narodnaya Volia and Nasha Niva newspapers. This information was spread on 27 April by the information agency BelTA with reference to the Ministry of Information. “This decision was taken in conformity with subparagraph 2.2. of paragraph 2 of Article 51 of the Law On Mass Media in connection with the issue of two and more written warnings to the editorial boards within a year”.

The Belarusian Association of Journalists voiced a resolute protest against these punitive actions of the Ministry of Information. “The present attempt to close down two independent editions takes place against the background of negative processes in the economy, politically motivated trials of the regime's opponents and the investigation into the notorious blast in the capital's metro. That's why the authorities are trying to smother freedom of word in the country, as the policy of the total control over the public opinion is the real firmament of the present regime in the country,” points BAJ. The journalist organization urged to support its colleagues and composed a sample address to the Ministry of Information which can be filed by any citizen of Belarus, a reader who is concerned with the ministry's decision. The preliminary court sitting on the case of Nasha Niva will take place on 11 May.

On 26 April in Vitsebsk the police detained journalist Uladzislau Staraverau who was shooting on video the beginning of a public prayer for victims of the Chernobyl tragedy near a cross installed not far from the Dormition Cathedral. He was tried on 27 April in the Kastrychnitski District Court of Vitsebsk on charges in using obscene language and insubordination to the police. Testimonies were given by the policemen who disliked that the journalist had taken photos of them, and the local civil activists who were eager to tell about the violent actions of the police during his detentions. U.Staraverau solicited for watching the video shots made by a police cameraman and for being provided with a lawyer and interpreter. Judge Alesia Zharykava postponed the trial to 10 May.

Persecution of human rights defenders

On 28 April the Russian citizen Ivan Kondratenko, an expert of the International Observation Mission of the Committee on international control over the situation with Human Rights in Belarus, was detained near the Kastrychnitski District Court of Minsk (while monitoring the trial of Dz.Drozd, U.Khamichenka, A.Kirkevich, A.Pratasenia and P.Vinahradau who are charged with participation in  the 19 Decemnber “mass riot) and guarded to the Maskouski District Police Department of Minsk. He was released in four hours. Athwart the legal requirements, the police didn't draw any detention report. The migration service issued the activist with a written order to leave Belarus within 24 hours, as he was introduced in the list of personae non-grata. Thus, deportation of human rights defenders and their non-admission to Belarus becomes a “norm” for the Belarusian authorities. Responding to the previous cases of restriction of the entry of representatives of the international mission from Russia and Ukraine,  organization parties to the Committee on international control over the situation of human rights in Belarus launched the campaign For open entry to Belarus.

The pressurization of Sviatlana Rudkouskaya, a representative of the Belarusian Helsinki Committee in Hrodna who actively observed the latest elections continues. Basing on application of the Kayanovichs (a family of officers of the secret services), Andrei Sheleh, a police inspector from the Leninski District Police Department of Hrodna, drew up a report of violation of Article 9.24 of the Code of Administrative Offenses by her as the head of a building society. The human rights defender considers it as an evident provocation.

Persecution of civil and political activists

Civil activists Viktar Kalesnik and Aliaksandr Kalintsau were detained in the center of Polatsk on 25 April. At the police station, they were charged under Article 17.1, “disorderly conduct”. The detainees spent the night at the police station. In the morning Natallia Dzeravianka, Judge of the Polatsk Town Court, sentenced them to 2 days of arrest. It's quite interesting that V.Kalesnik had applied to the Polatsk Town Executive Committee for authorization of a memorial action dedicated to the anniversary of the Chernobyl Tragedy, which he intended to hold on 26 April. Predictably enough, the application was rejected by the authorities.

On 25 April the panel of judges of the Minsk Region Court refused to reinstate Natallia Illinich at the position of a teacher of history in the secondary school in the village of Talka in the Pukhavichy district of the Minsk region. The teacher had been fired from the school despite possessing the highest qualification and the having no admonitions. After the trial, N.Illinich stated her intention to appeal the verdict at the Supreme Court.

On 26 April 12 participants of a picket against the construction of a nuclear power plant in Belarus were fined 525,000 – 700,000 rubles by the Frunzenski District Court of Minsk under Article 23.34 of the Code of Administrative Offenses, “violation of the order of organizing or holding mass actions or pickets”. They spent the night before the trial in the police department. Among them there are six nationals of Germany: Julianna Grynec, Guido Hansen, Katrin Heinrich, Jan Hendrik Krop, Janina Rolik andAndreas Schelhas, a Polish national Dorota Kubaszewska, and Belarusians Ihar Bahatchyk, Aliaksandr Buhayou, Siarhei Sliusar, Alena Vitko and Yahor Yaromchanka. After the trial, the foreigners were guarded to the delinquents' isolation center, where they spent another night. The authorities decided to deport them and ban their entry to Belarus for a certain period of time.

On 26 April in Vaukavysk the police detained civil activist Vital Huliak who was posting portraits of political prisoners on advertisement boards. He was released after a “prophylactic talk” with a representative of the local KGB.

On 26 April in Minsk the police detained civil activist Ihar Trukhanovich who was standing near the court where participants of the anti-NPP picket were being tried at the time. On 27 April the Frunzenski District Court of Minsk sentenced him to 10 days of arrest under Article 17.1, disorderly conduct.

On 28 April Ina Shaiko, Judge of the Tsentralny District Court of Minsk, found an activist of the European Belarus Aliaksnadr Kudlayeu guilty under Article 23.34 of the Code of Administrative Offences, “violation of the order of organizing and holding mass actions: and fined him 1,750,000 rubles. The day before, on 27 April, he had been detained in Niamiha Street while trying to hang out a banner with the slogan Freedom to Political Prisoners! on a bridge.

On 28 April the nationwide action Stop Petrol 2 was held in Minsk and other cities of Belarus. The action was initiated by the civil association For Auto with the aim to protest against the increase of the prices for fuel. Several hours before its beginning, one of the action organizers, Artsiom Sharkou, was summonsed to the police and made to sign the statement that he “knew the Belarusian legislation”. Mr. Sharkou was detained again during the action and guarded to the Leninski District Police Department, “for identification”. In Vitsebsk, the road police didn't let the action participants drive in a column  along the main avenue. One of the participants was also fined for allegedly talking on his mobile while driving. Indignant at such actions of the police, the motorists told they would consider holding the next action under the slogan Stop the road police.

An activist of the Belarusian Popular Front Party Ales Kalita, former Chair of the BPF Youth, who had been sentenced to 10 days of arrest on charges in disorderly conduct on 24 April in Homel, was suddenly transferred to the delinquents' isolation center in Minsk. The reason for the transfer aren't known yet.

The TV-host Siarhei Darafeyeu, who used to be the head of the morning broadcasts of the ANT TV channel before his talk-show Choice was removed from the air and replaced with another one, Open Format, after a special issue dedicated to the results of the presidential election, was proposed to retire from the TV “on agreement of the sides”.

Ales Halavan, coordinator of the Vitsebsk region branch of the Young Belarus movement, was fired from the position of a teacher of the Belarusian language and literature at secondary school #11 in Vitsebsk. An activist of the Young Belarus Valery Ramanenka was fired from the trading enterprise Wholesale Palace as well.

Freedom of peaceful assemblies

The Brest Free Trade Union of Radio Electronic Industry (FTUREI) and the Brest city organization of the Belarusian Leftist Party Fair World weren't allowed to hold a picket dedicated to the Labor Day, 1 May. The formal reason for the denial was the place of the action: the activists intended to hold the action at the entrance of the 1 May Park, but the authorities stated that the only place for such actions was the unfrequented stadium Locomotive. A similar denial was received by the FTUREI in Barysau.  

The Mahiliou City Executive Committee didn't allow members of the Free Trade Union of Steelworkers to hold 1 May picket in the center of the city, on Savetskaya Square. As it is stated in the answer, the square is not a place that was determined by the authorities for such actions. Labor Day actions were also banned by the Salihorsk and the Zhodzina authorities.

On 25 April the authorities of Homel authorized the first mass action for 7 years, Labor Day meeting. However, three days later Uladzimir Siakerka, the Chair of the Mahiliou region organization of the Fair World, was summonsed to the Mahiliou City Executive Committee and informed about the reversal of the permission “because of works concerning examination of the state of the heating main  tubes under the square”.


Prison conditions

The procuracy inspected the prisons of the Mahiliou region. According to the results that were considered by the panel of the Mahiliou Region Procuracy, 80% of the penal colonies, including the Babruisk pre-trial prison #5, are overcrowded. Human rights defender Uladzimir Krauchanka points that the overpopulation in the Belarusian prisons can be compared to torture. Bear in mind that earlier some information about violations of the legislation concerning the keeping of prisoners and persons under investigation had been voiced by the Deputy Prosecutor General, Andrei Stuk.

On 28 April Dzmitry Dashkevich, leader of the Young Front, was taken to the Slutsk morgue in hand-cuffs so that he could bid farewell with the body of his mother, who died on 26 April at the age of 54. The administration of the pre-trial prison didn't let him to visit the funeral ceremony. Bear in mind that  Dzmitry Dashkevich was sentenced to two years of imprisonment on fabricated charges in “especially malignant hooliganism”. He will serve his term in a penal colony in the town of Horki in the Mahiliou region. According to his comrade, Nasta Palazhanka, in one of the last letters he wrote that he had been transferred to another cell, with worse conditions. There are 40 prisoners there, half of them don't have beds. All of them have to sleep in turn.

On 29 April the Zavadski District Court of Minsk declined the petition for changing the restraint to Pavel Seviarynets, co-Chair of the organizing committee of the Belarusian Christian Democracy, who is still kept in the pre-trial prison of the KGB. On 4 April members of the organizing committee mailed 127 petitions from the central post office of Minsk. 31 more signatures under the petition were collected in the town of Babruisk.

On 29 April a member of the Belarusian Helsinki Committee Pavel Levinau was released from the delinquents' isolation center after 10-day arrest. During the whole term of the arrest he kept a hunger-strike, protesting against the groundless imprisonment. The human rights defender also pointed that appealing the cruel and inhuman conditions in the delinquents' isolation center was an affair of honor for him, that's why he intended to apply to a number of state institutions and to the court.

Freedom of associations

Mikalai Charnavus, Chair of the organizing committee for the Baranavichy association of Ukrainians Kobzar, wasn't allowed to hold a picket on 27-29 May, during the official holiday Baranavichy Spring. The activist ntended to hold the action with the aim to inform citizens about the refusal of the Baranavichy authorities to lend an office for the registration of the legal address of the organization.

Human Rights Chronicle