Still behind bars: The plight of long-term prisoners in Belarus
Amnesty International
Public Statement
One year ago on 4 August, prominent human rights defender Ales Bialiatski was arrested in Minsk, the capital of Belarus. He was sentenced to four and a half years for tax evasion charges. Amnesty International considers that he has been sentenced for carrying out his human rights activities and has declared him a prisoner of conscience.
Today, Amnesty International wrote to the Prosecutor General of the Republic of Belarus raising the organization’s concerns about prisoners of conscience in Belarus and urging him to use his powers to investigate the legality of their sentences and ensure their immediate and unconditional release.
In addition, Amnesty International is calling on
the Belarusian authorities to ensure the physical and psychological wellbeing
of those in custody is protected and adequate medical treatment is provided to
all prisoners in accordance with national legislation and the international
human rights obligations of Belarus. Amnesty International reminds the
Belarusian authorities that under international law members of the civil society,
including members of the opposition, should be allowed to gather peacefully and
express their views openly, without the threat or fear of arbitrary arrest or
ill-treatment.
Prisoners of conscience
In Belarus there are a number of individuals, who
have been sentenced to lengthy prison terms for their political views or human
rights activities and in violation of their right to freedom of expression,
assembly and association. Besides Ales Bialiatski, four other prisoners of
conscience are in detention in connection with their participation in the
mainly peaceful demonstration on 19 December 2010. Pavel Sevyarynets was
sentenced to three years on 16 May 2011. Mykalau Statkevich was sentenced to
six years on 26 May 2011. On 24 March 2011, Zmitser Dashkevich and Eduard Lobau
were sentenced to two and four years respectively for hooliganism.
As a state party to the International Covenant on
Civil and Political Rights (ICCPR), Belarus is bound under Article 19 and 21 to
respect the rights to freedom of expression and assembly. All citizens must be
able to engage freely in legitimate civil society activity without the threat
of intimidation, arrest or detention. According to Article 33 of the
Constitution of the Republic of Belarus “everyone is guaranteed freedom of
thought and belief and their free expression”. Articles 35 and 36 of the
Constitution guarantee the right to freedom of assembly and association.
Amnesty International calls on the Belarusian
authorities to release all prisoners of conscience immediately and
unconditionally.
Increasing harassment of prisoners
Amnesty International is concerned that prisoners
are often harassed and intimidated in prisons and colonies where they are
serving their sentences, often in order to force them to confess or apply for
pardons. If they refuse prisoners are faced with even harsher treatment and may
face further criminal charges. They are repeatedly placed in punishment cells
and fellow inmates are reportedly advised not to communicate with them. Three of
the prisoners of conscience have been labelled “malignant violators” of the
prison rules, which leads to the withdrawal of privileges - the number
and duration of family visits are reduced, they receive less parcels,
correspondence, and money transfers. Amnesty International insists that
prisoners of conscience should never be pressured into signing confessions or
seeking pardons.
Zmitser Dashkevich is serving his original sentence
in the prison colony Glubokoe, northwestern Belarus, where he was transferred
on 27 September 2011. He is expected to be released on December 18, 2012.
However, Zmitser Dashkevich is considered to be a “malignant violator” of the
prison rules and upon the request of the administration of the prison colony
the Investigation Committee of the Republic of Belarus opened a new criminal
case against Zmitser Dashkevich under Article 411 of the Criminal Code
(“deliberate disobedience to the correctional institution administration”). In
response, Zmitser Dashkevich wrote a letter to the head of the colony saying
that he knowingly refuses to comply with certain requirements of the prison
administration, as he considers them to be illegal. Since his conviction in
March 2011, Zmitser Dashkevich has repeatedly been exposed to a pressure from
the prison administration. By September 2011, he had been placed in a
punishment cell eight times, and he has spent most of his time since then in
the punishment cell. Conditions are particularly harsh in such cells: prisoners
are allowed no bedding, the temperature during the winter often falls to 15
degrees Celsius, and they are allowed no visitors or correspondence. In
September Zmitser Dashkevich was offered the chance to apply for a Presidential
pardon if he admitted his guilt, but he rejected the offer.
In January 2012 Mykalau Statkevich was transferred
from Penal Colony No. 17 in Shklou to Prison No. 4 in Mahiliou for allegedly
violating the penal colony regime. The penal colony authorities claimed that
Mykalau Statkevich had regularly violated penal colony regulations, was
inclined towards violence and liable to attempt escape. The violations that
Mykalau Statkevich has been accused of committing could mean that his sentenced
is increased by an additional year under article 411 of the Criminal Code
(“deliberate disobedience to the correctional institution administration”).
From 6 July to 16 July 2012 he was put in the punishment cell allegedly for
refusing to request a Presidential pardon when asked to do so on 18 June.
In April 2012, the administration of the penal
colony reported positively on Pavel Sevyarynets’ behaviour, however he was
denied a conditional early release allegedly because he did not admit his
guilt. He was entitled to release on parole as he had served half of his
sentence without violations. On 26 July 2012 he was officially denied an
amnesty.
Health concerns
In addition, Amnesty International is concerned
that the health of the prisoners has seriously deteriorated during their
detention. Belarus has international obligations in respect of providing
medical care to the prisoners and their treatment. Article 10 (1) of the ICCPR
states that “all persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person”. The right
of all persons deprived of liberty to the highest attainable standard of health
is guaranteed in a wide range of international instruments, including the
International Covenant on Economic, Social and Cultural Rights, to which
Belarus is a state party. In addition, according to article 45 of the
Constitution of the Republic of Belarus, everyone is guaranteed the right to
health care.
Syarhei Kavalenka, an activist of the Conservative
Christian Party of the Belarusian People’s
Front, was arrested on 19 December 2011 for
breaking the terms of a suspended sentence handed down in May 2010 on
questionable charges of resisting arrest. From that moment on he began a hunger
strike which lasted about 2 months with small intervals. As a result of his
prolonged hunger strike Syarhei Kavalenka required medical treatment, however
for about two weeks he did not receive parcels from his wife containing
necessary medicines and vitamins.
In June 2012 Syarhei Kavalenka spent 10 days in a
punishment cell for allegedly having an argument with a fellow inmate. In July
Syarhei Kavalenka was named a “malignant violator” of the prison rules, which
resulted in a reduction of the amount of money that can be transferred to him.
Recently, Amnesty International became aware that Syarhei requested a
presidential pardon after he was subjected to psychological pressure from
prison personnel.
Eduard Lobau, who is serving his sentence in the
penal colony No. 22 in Ivatsevichy, suffers from toothache and requires dental
treatment. However the prison colony does not have the necessary medicines and
when his mother tried to send a parcel, the prison authorities did not allow
it. Later his mother was able to pass him vitamins, but prison authorities
refused to take the medications necessary to treat his toothache saying that
they have received necessary medical supplies. Nevertheless, Eduard’s condition
has still not been treated.
Background information
Case of Ales Bialiatski
Ales Bialiatski, chairperson of Human Rights Centre
Viasna, and Vice-President of the International Federation for Human Rights was
arrested in central Minsk on 4 August 2011. On 24 November 2011, he was
sentenced to four and a half years on charges of “concealment of income on a
large scale” (Article 243.2 of the Criminal Code of the Republic of Belarus).
His sentence relates to the use of personal bank
accounts in Lithuania and Poland to support the work of Human Rights Centre
Viasna in Belarus. He is currently serving his sentence in penal colony No. 2
in Mahiliou Region. Amnesty International considers him to be a prisoner of
conscience whose detention is politically motivated and intended to obstruct
his legitimate work as a human rights defender.
Viasna was derecognized by the Belarusian
authorities in 2003 and as such was barred from opening a bank account in its
name in Belarus. Since derecognition, the Belarusian authorities have
repeatedly rejected the organization’s applications for registration. Amnesty
International has on several occasions raised concerns about denial of
registration to Viasna. Viasna’s members had no choice but to use bank accounts
in neighbouring countries to fund their legitimate human rights work.
Ales Bialiatski’s trial violated international fair
trial standards in several respects. Belarus, being a state party to the
International Covenant on Civil and Political Rights (ICCPR), has a duty to
guarantee the right to a fair trial according to article 14. International
observers noted that there were a number of procedural violations which point
to the political nature of the trial. The questioning of witnesses frequently
did not relate to the charges, but instead to the human rights activities of
Ales Bialiatski and the witnesses themselves. Several prominent human rights
activists and Viasna employees have been interrogated in relation to the case.
The evidence presented by the prosecution included
copies of bank statements that were not authenticated, and some documents were
presented as coming from anonymous informants, which is in violation of
Belarusian trial procedures. Furthermore, state prosecutors in Belarus
requested information from Polish and Lithuanian banks before the criminal case
against Ales Bialiatski had been opened, in violation of the agreement between
those countries regarding the exchange of information in criminal cases.
On 29 November Ales Bialiatski's lawyer filed an
appeal against the sentence with the Minsk City Court. On 24 January 2012, the
Court upheld the decision of the lower court and turned down the appeal.
Case of Mykalau Statkevich
Mykalau Statkevich, an opposition presidential
candidate during the presidential election 2010, was sentenced to six years in
prison on 26 May 2011 for “organization of mass disorder” (Article 293 Part 1
of the Criminal Code) for taking part in post-election demonstrations in
December 2010. Amnesty International believes that the charges against him were
unfounded, and that he has been targeted for the peaceful exercise of his
rights to freedom of assembly and expression.
In January the head of Mahiliou prison stated that
Mykalau Statkevich has suicidal tendencies. However no evidence exists to
support this claim, and his family fear that the prison authorities may be
preparing to use this as an excuse if something happens to Mikalau Statkevich
in prison. On 27 June, during a prison committee hearing the head of the prison
repeated his opinion that Mykalau Statkevich had suicidal tendencies. On 4
July, when Mykalau Statkevich’s wife talked to him on the phone, he was in good
spirits. After the hearing, Mykalau Statkevich submitted a letter to the head
of the prison asking him on what basis he reached this conclusion and whether
he intended to use this conclusion if “something were to happen to him” in
prison.
Case of Zmitser Dashkevich
Zmitser Dashkevich, a leader of the youth
opposition movement Young Front, was sentenced to two years in a labour colony
on 24 March 2011 under article 339 (“hooliganism”) for alleged assault on 18
December 2010, the day before the election. Amnesty International believes the
charges against him are unfounded and that the charges were fabricated in order
to prevent him taking part in the demonstration on 19 December 2010. On 25 July
2012 his fiancée and a lawyer were able to see him, and they have learnt that
Zmitser has pneumonia in one lung which may have been caused by the poor
conditions in the punishment cells. On 24 July Zmitser was moved to the medical
unit.
Case of Eduard Lobau
Eduard Lobau, an activist of the movement Young
Front, was arrested together with Zmitser Dashkevich, the day before the
presidential election in December 2010. Eduard Lobau was sentenced to four
years on 24 March 2011 for allegedly assaulting a passer-by (article 339
“hooliganism”). Amnesty International believes that he was detained to prevent
him taking part in the demonstration on 19 December. Zmitser Dashkevich and
Eduard Lobau maintain that the security forces provoked the fight on 18
December 2010. Another Young Front activist present at the time told Amnesty
International that the group had in fact been attacked. He said four men had
asked them for directions and then punched Zmitser Dashkevich and Eduard Lobau.
Police arrived within minutes in a police special forces minibus and detained the
three activists and two of the attackers without asking any questions. Zmitser
Dashkevich and Eduard Lobau were convicted on the basis of testimony from the
two attackers detained with them.
In June 2012, Eduard Lobau informed his mother that
the prison colony administration had lodged a report against him for violation
of prison rules. As a result of his alleged misconduct he was named a
“malignant violator” of the prison rules according to article 117 of the
Criminal Executive Code (gross violations of prison rules by an inmate). The
amount of money that his relatives can send him was reduced and he received a
reprimand.
Case of Pavel Sevyarynets
Pavel Sevyarynets, an opposition activist and
member of Vital Rymasheusky’s campaign team during the December 2010 elections
and the co-chairman of the organizing committee of the party "Belarusian
Christian Democracy", was sentenced to three years in a correctional
facility for “organizing, preparing or taking part in actions that breach
public order” on 16 May 2011 (Article 342 of the Criminal Code). He is serving
his term in open-type prison facility No. 7 in the village of Kuplin. Amnesty
International believes that he is a prisoner of conscience, whose conviction is
designed to punish him for his legitimate political activities.
Case of Syarhei Kavalenka
Syarhei Kavalenka was convicted in May 2010 on
charges of violently resisting arrest in connection with an incident on 7
January 2010 when he had placed the previous Belarusian national flag on top of
a 35 metre high New Year’s tree on Peramohi Square in Vitebsk. There were no
eye witnesses of his arrest apart from the police officers involved and he
denies assaulting a police officer. He was handed a suspended sentence of three
years by the Oktyabrskij District Court of Vitebsk. On 24 February 2012,
Syarhei Kavalenka was sentenced to two years and one month in prison under
Article 415 of the Criminal Code for having violated the conditions of his suspended
sentence. On 18 May 2012 Vitebsk Regional Court dismissed the appeal against
the sentence of Syarhei Kavalenka and next day he was transferred to the prison
colony No. 19 in Mahiliou.