Observatory for the Protection of Human Rights Defenders: A sad day for the defence of human rights in the world
Today, the Pervomaiski District Court of Minsk sentenced human rights defender Ales Bialiatski
to four and a half years of imprisonment under strict regime
conditions, the confiscation of property and a fine for “concealment of
profits on an especially large scale in pursuance of prior agreements”
under Article 243, part 2, of the Criminal Code. The trial was monitored
by a delegation of the Observatory.
The Observatory considers that the trial and detention of Mr. Ales
Bialiatski, held since August 4, 2011 at the preventive detention centre
No. 1 in Minsk, amounts to judicial harassment of a human rights
defender for carrying out purely legitimate human rights activities,
protected under all international human rights standards. This criminal
case was fabricated to intimidate and silence the Belarusian civil
society, in the current post-electoral repression of all voices
dissenting with the regime.
“In Belarus, human rights organisations which carry out independent
human rights monitoring, including the HRC “Viasna”, are systematically
denied the right to exist and carry out ordinary activities. The
Belarusian law and its implementation by the authorities blatantly
violates international human rights standards binding Belarus”, says
Souhayr Belhassen, FIDH President. “Human rights organisations cannot
register and Article 193.1 of the Criminal Code even criminalises
activities performed by non-registered organisations. Under these
circumstances, following its closure in 2003, HRC “Viasna” had no other
choice than open a bank account abroad or cease to exist”.
The criminal case was based on information provided to the
Belarusian authorities by the Lithuanian Ministry of Justice and
Attorney General of Poland, concerning accounts opened by Mr. Bialiatski
in foreign banks to operate HRC “Viasna”. The Belarusian tax
authorities wrongly considered the money on the account of Mr.
Bialiatski’s as his personal income and accused him of concealing it.
This money, which was transferred by organisations for the purpose of
funding ordinary human rights activities, was by no means used as
personal funds but to finance legitimate activities of the HRC “Viasna”,
such as election monitoring and assistance provided to victims of
political repression.
“There was never any doubt that the authorities knew that those were
no private funds as all questioning of witnesses during the trial
focused on “Viasna””, says Gerald Staberock, OMCT Secretary General. “It
is sad that the political persecution of one of the leading human
rights defenders in the region resulted from the cooperation of EU
member States delivering sensitive banking information to the Belarusian
authorities. If the EU Guidelines on Human Rights Defenders are to mean
anything there need to be immediate measures within the EU to prevent
mutual legal assistance when there is a real risk to human rights
defenders”.
The Observatory firmly denounces the sentencing of Mr. Bialiatski
and calls upon the Belarusian authorities to immediately and
unconditionally release him as his detention is arbitrary, guarantee in
all circumstances his physical and psychological integrity, and stop any
kind of harassment - including at the judicial level - against human
rights defenders, in line with the United Nations Declaration on Human
Rights Defenders, the Universal Declaration of Human Rights and
international human rights instruments ratified by Belarus.