Review-Chronicle of Human Rights Violations in Belarus in July-August 2012
Review-Chronicle of
Human Rights Violations in Belarus in 2012
In July and
August, the human rights situation in Belarus deteriorated. Hopes for
an easing of the political climate at the time of the parliamentary
election campaign were not justified. None of the thirteen political
prisoners were released. Moreover, new names were added to the
list.
Vasil Parfiankou, who in February 2011 had been
sentenced to four years in prison for being involved in a protest
against electoral fraud during the presidential election, and
pardoned by the President’s decree in August of that year, was sent
to serve his new sentence of six months in jail for breach of
preventive supervision determined by the court. Journalist Anton
Surapin and real estate agent Siarhei Basharymau were still kept in
jail on charges of aiding to "illegal crossing of the state
border of the Republic of Belarus". The former had posted
photographs of a Swedish aircraft flying in the Belarusian airspace,
and the latter leased an apartment to Swedish citizens. Political
prisoner Zmitser Dashkevich, who was serving a sentence of two years
in prison on charges of malicious hooliganism on the eve of the 2010
presidential election, was sentenced to another year in prison for
"repeated violation of the requirements of the prison
administration" (“willful disobedience to the prison
administration that executes the sentence of imprisonment”). Since
late June, President Lukashenka has failed to consider the clemency
petitions filed by political prisoners Siarhei Kavalenka and Pavel
Syramalotau. In reality, all political prisoners had the status of
"persistent violators of the regime of punishment", which
deprived them of any hope to amnesty and release on parole, they are
regularly placed in solitary confinement and subjected to other
measures of harassment in places of detention.
The Swedish
action, which resulted in the arrest of A. Surapin and S. Basharymau,
caused a diplomatic crisis between Belarus and Sweden, whose climax
was the expulsion of the Swedish ambassador, recall of the Belarusian
one in Stockholm, and the eventual suspension of both embassies. This
conflict became a reason to convene on 10 August an extraordinary
meeting of the EU Political and Security Committee, whose head Mr.
Olof Skoog said in the follow-up of the meeting that the European
Union intended to review the restrictive measures against Belarus in
October, noting that this situation affected not only the relations
between Belarus and Sweden, but its relationship with the EU.
At
the same time, the Secretary General of the Council of Europe Mr.
Thorbjorn Jagland called on the Belarusian authorities to reconsider
the decision to close the Embassy of Sweden and return to dialogue:
"President Lukashenka's decision last Friday to expel Sweden's
ambassador to Belarus over his support for democracy and human rights
in the country will not help to end Belarus' isolation from the rest
of Europe. Such a situation unfortunately shows the continued
disregard of the authorities in Belarus for basic democratic
principles and human rights." Further on, the CE Secretary
General stressed that the Council of Europe as "the guardian of
democracy and human rights, will continue to do all it can to promote
human rights and democracy in Belarus.”
This is a very important statement, because the
development of the human rights situation has been traditionally
considered by the Belarusian authorities only at the political level
of the country’s relations with the EU and other European
countries. From this point of view, the appointment of Uladzimir
Makei (known as “the architect of the liberalization of 2008-2010”
and one of the most active negotiators with the West) as the Minister
of Foreign Affairs that came on 20 August was viewed by some experts
as a signal of a possible resumption of political dialogue with the
countries of Europe. This view was reinforced by the words of A.
Lukashenka, who said that “work to improve the positive perception
of Belarus abroad, to achieve better recognition of the country in
the world requires a breakthrough.” It is worth noting that the EU
has repeatedly stated that Europe would not change its tough policy
of limited relations with the official Minsk as long as political
prisoners remain behind bars.
July and August were marked by
the continued practice of arbitrary detentions and arrests of civil
and political activists on trumped-up charges. The traditional forms
of harassment were followed by repressive measures related to the
election campaign: especial pressure was put to supporters of
election boycott, participants of the election campaign and
observers. Executive authorities across the country banned public
events aimed at informing about the non-free nature of the elections,
as well as calling for a boycott.
Particular pressure was used
against human rights defenders and human rights organizations. The
authorities did not authorize any of the actions of solidarity with
the imprisoned leader of the Human Rights Center "Viasna"
Ales Bialiatski and other political prisoners, planned by human
rights activists across the country. Means of harassment of human
rights defenders varied: abductions and arbitrary detentions, summons
and preventive supervision by the KGB, administrative proceedings,
initiation of organizations’ dissolution. The only positive
indicator in relation to the human rights defenders was their
exclusion from the list of persons prohibited from leaving the
country.
Pressure and harassment was still used against
journalists, including the common practice of criminal prosecution
for expressing opinions, detentions and administrative penalties for
the performance of their professional duties, issuance of prosecuting
warnings.
An important assessment of the human rights
situation in Belarus was the Resolution adopted by the Human Rights
Council on 5 July, which called on the Belarusian authorities to
"immediately and unconditionally release all political
prisoners", to conduct “a full and transparent investigation
into all allegations of torture and ill-treatment of political
prisoners”, “to immediately put an end to the practice of
administrative detention of opposition and civil society activists,
journalists and human rights defenders and not to interfere with
their free movement, including travel outside the country.” The
document called on the official Minsk to implement all the
recommendations contained in the Report on the situation in Belarus
of the UN High Commissioner for Human Rights, which was presented at
the Council’s session on 27-28 June. The same resolution introduced
the mandate of the Special Rapporteur, who was authorized to maintain
an ongoing dialogue with Belarus on the situation of human rights in
the country, to provide a competent analysis of the current problems,
which could help to improve the implementation and protection of
human rights in Belarus in accordance with the international
standards recognized by the country. In turn, the Permanent
Representative of Belarus to the UN in Geneva Mikhail Khvastou
accused the European Union, who initiated the mandate of the Special
Rapporteur, of the political motivation of the decision, saying that
“the motives of the EU initiative are in no way related to human
rights. By doing this, the EU promotes to the Council its political
agenda and makes the High Commissioner act for that purpose. The main
task that the EU charges the mandate with is deliberate
anti-government activities in Belarus under the cover of the UN.”
Khvastou then said that Belarus did not recognize the Special
Rapporteur and would not interact with him or her.
At the same
time, the Belarusian human rights community welcomed the decision of
the Human Rights Council as very positive, describing it as a clear
signal to the international community to support the rights and
freedoms in the country. According to human rights defenders, the
Council pointed out that torture and impunity, trumped-up cases and
violations of freedom of speech, freedom of association and other
gross violations of human rights will not be accepted with silence
and indifference, while the voices of the civil society activists
will become more audible.
Political prisoners,
politically motivated criminal prosecution
On 6 July
the KGB arrested and took into custody in the KGB remand prison real
estate agent Siarhei Basharymau, and on July 13 – photographer
Anton Surapin. On 16 and 23 July, respectively, they were charged
under Par. 6 Art. 16 (“assistance in committing a crime”) and
Par. 3 Art. 371 (“illegal crossing of the state border of the
Republic of Belarus”) of the Criminal Code. This was the KGB’s
reaction to Anton Surapin’s publication of a number of photos of a
Swedish aircraft flying in the Belarusian airspace, which was held on
4 July. Even more absurd were the charges brought against Siarhei
Basharymau, who let an apartment to Swedish citizens, for alleged
aiding to the crossing of the state border of the Republic of
Belarus. These arrests were seen as an attempt to shift the
responsibility for improper protection of state borders and the
country’s airspace on ordinary citizens. Information of the charges
against A. Surapin and S. Basharymau appeared on the official website
of the KGB only on 7 August. It noted that “in the interests of an
unbiased investigation of the criminal case and figuring out all
details of intrusion into the airspace of the Republic of Belarus and
the Republic of Lithuania, the State Security Committee offers the
Swedish citizens, who took part in organizing and performing the
illegal border overflying, to arrive in Minsk as suspects to take
part in the investigative procedures, including face-to-face
interrogations. Final procedural decisions in relation to the
Belarusian citizens involved in the criminal case will be made after
that." By releasing the statement, the KGB confirmed that A.
Surapin and S. Basharymau were hostages in the case. On 17 August A.
Surapin and S. Basharymau were released on recognizance. The KGB’s
statement said that “Siarhei Basharymau and Anton Surapin remain in
the status of accused, because the necessary investigations,
including the holding of a confrontment, were not carried out due to
the refusal of the Swedish subjects to appear at the Investigation
Department. Final proceedings in respect of the citizens of Belarus,
accused in this criminal case, will be taken only after the full
understanding of the circumstances of the investigated crime.”
In
early July Mikalai Statkevich served a 10-day penalty in solitary
confinement in prison No. 4 in Mahiliou. The prisoner continued to be
subjected to pressure from the administration (and other prisoners
who cooperated with the administration) forcing him to write a
petition for pardon. M. Statkevich received the status of “a
persistent violator of the regime”, he was not allowed any visits
by his family, was deprived of food parcels and walks. On 12 July the
maximum security regime of detention was extended on the political
prisoner. On 12 August Mikalai Statkevich turned 56.
On 7 July
it was reported that Siarhei Kavalenka had been recognized "a
persistent violator of the regime" by the administration of
Mahiliou penal colony No. 19, where he is serving his sentence. The
clemency petition, written by Kavalenka in late June to the head of
state, without admitting his guilt, was not considered until the end
of August. From 28 July to 14 August, the political prisoner was held
in a penal cell, where he was placed after a long visit with his
relatives. After 16 days in the punishment cell S. Kavalenka was
taken to the medical unit in a deteriorating state of health.
In
July and August the authorities continued to put pressure to the
imprisoned head of the Human Rights Center “Viasna” Ales
Bialiatski. A person released from the prison in Babruisk said that,
among other things, the administration punished the prisoners for
merely talking with Bialiatski – they faced a transfer to another
unit or denial of benefits. On 4 July Partyzanski District Court of
Minsk ruled to seize the apartment occupied by the office of Human
Rights Center “Viasna” for 12 years and registered as Ales
Bialiatski’s real estate, as well as part of the human rights
defender’s private property. On 17 July Minsk City Court dismissed
Ales Bialiatski’s appeal against an earlier decision of
Pershamaiski District Court of Minsk to exact from him a penalty in
the amount of 140 million rubles for the late payment of debts. The
decision to collect the fine was issued by Judge Volha Bahamya on 29
March in a civil lawsuit by Pershamaiski District Tax Inspection;
neither Ales Bialiatski nor his family knew anything about the civil
suit, the human rights defender’s lawyer was not invited to the
trial, either. On 5 August the administration of Babruisk penal
colony No. 2 imposed another penalty on Ales Bialiatski for taking a
loaf of bread out of the dining room; a week before he was charged
with curtaining his bed. For these violations Ales Bialiatski was
deprived of regular food parcels and a short visit with family,
scheduled on 15 August. The complaint to the Department of
Corrections filed by A. Bialiatski’s wife against the severity and
the disproportionate amount of punishment remained unmet and the
human rights defender remained in the status of "a persistent
violator of the regime".
On 23 July the mother of political prisoner
Aliaksandr Frantskevich, who is serving a sentence in colony No. 22
near Ivatsevichy, said that the administration was putting pressure
on the political prisoner through threats to other prisoners, one of
the prisoners was even placed in a punishment cell. By doing so, the
authorities attempt to isolate him and deny contacts with people. It
is known that the pressure on him increased after the colony was
visited by Aliaksandr Litsvinski, head of the Main Department for
Combating Organized Crime and Corruption of the Interior Ministry,
who was in charge of the crack-down on anarchists back in the autumn
of 2010. Previously Aliaksandr Litsvinski visited another political
prisoner, Mikalai Dziadokm to inquire if he was ready to ask for a
pardon. The answer was no. After that Mikalai received the status of
"a persistent violator of the regime", and was later
transferred to Shklou colony No. 7, where the pressure was further
increased. Aliaksandr Frantskevich also received the status of "a
persistent violator.” In early August, he was placed in a penal
cell for 10 days.
On 24 July the panel of judges of Minsk City
Court dismissed Vasil Parfiankou’s complaint against the arrest for
6 months for non-compliance with preventive supervision set by the
court (Article 421 of the Criminal Code). At the same time, the
judges chose not to apply to V. Parfiankou Article 107 (Par. 1) of
the Criminal Code (“use of coercive measures of security and
treatment of persons suffering from chronic alcoholism, drug
addiction and substance abuse”). On 9 August Vasil Parfiankou was
placed in detention center No. 1 in Minsk, where until 16 August he
awaited transfer to the arrest house No. 6 in Baranavichy, where he
was sent to serve his sentence.
On 3 August the reception
office of the Presidential Administration received a petition signed
by Belarusian human rights defenders and civil society leaders,
demanding the release of Ales Bialiatski, head of the Human Rights
Center "Viasna" and vice-president of the International
Federation for Human Rights, as well as the other Belarusian
political prisoners. The reply by the head of the public appeals
department Stanislau Buko that came on 22 August said that “under
the Constitution, the judicial power in the Republic of Belarus
belongs to the courts. Judges are independent in decision-making in
the administration of justice and are subject only to the law. Other
state agencies and officials are not vested with such powers.” The
reply also states that “any interference in the work of judges in
their administration of justice is prohibited and punishable by
law.”
In late August Mikalai Autukhovich received an
opportunity for a short meeting with the family, whom he had not seen
for almost a year. They were allowed to talk on the phone for one and
a half hours through the glass. The political prisoner said that he
was reading a lot in prison, writing letters and trying to learn
English.
On 28 August penal colony No. 13 hosted a sitting of
a circuit court in the new criminal case against political prisoner
Zmitser Dashkevich on charges of disobeying the prison administration
(Par. 1, Art. 411 of the Criminal Code). The meeting was held behind
closed doors. The case involved about 40 witnesses – policemen and
prisoners. Zmitser Dashkevich waived defense. As a result, Hlybokaye
District Court sentenced the political prisoner to one more year of
imprisonment, which is set as the maximum term. At the same time, the
sentence included the four months, which were yet to be served by
Zmitser under the previous verdict. Thus, Zmitser Dashkevich may not
be released before August 28, 2013.
On 28 August the country’s
law-enforcement agencies extended the investigation of the criminal
case against correspondent of the Polish “Gazeta Wyborcza” Andrei
Pachobut under Par. 2 Art. 367 of the Criminal Code (“defamation of
President”). The journalist was arrested in Hrodna on 21 June and
held in prison until 30 June, when he was released on
recognizance.
Harassment of human rights
defenders
On 19 July the KGB put on preventive
register the human rights defender Andrei Bandarenka, head of
information and educational institution "Platform". On the
same day Bandarenka was taken to the KGB, where he was shown the
order of registration preventive register. He was then offered to
sign the document. His request to provide a copy of the decision was
dismissed. Bandarenka was asked to review all the documents in the
case and take necessary notes. His request for a pen and paper to
take notes was also rejected by the KGB agents.
On 20 July
Tsentralny District Court of Minsk considered the complaints of the
deputy head of the Human Rights Center "Viasna" Valiantsin
Stefanovich and the head of information and educational institution
"Platform" Andrei Bandarenka against the actions of the
Ministry of Defense and Ministry of the Interior to add their names
on frivolous grounds to the data bank of the citizens of Belarus,
whose right to leave the Republic of Belarus is temporarily
restricted. Aliaksei Biahun, representative of the Ministry of
Internal Affairs, head of the Department of Citizenship and
Migration, provided the court with certificates about the exclusion
of Stefanovich and Bandarenka from the data bank, dated 20 July. He
also told the court that the Interior Ministry officials had not made
decisions on adding the human rights defenders to the database, but
referred to a technical failure instead. Aliaksei Biahun refused to
comment on how this happened and who was to blame for the failure.
The representative of the Ministry of Defense, Major of Justice
Leanid Valcheuski stated that his office had not filed information on
Stefanovich’s and Bandarenka’s entry into the database because of
alleged military service evasion. Judge Alena Siamak rejected all the
motions by the plaintiffs, including that to initiate a forensic
examination of computer equipment to establish the causes of the
failure in the database referred to by representatives of the
Interior Ministry. Valiantsin Stefanovich’s petition of removal of
the Judge, who for five months, in violation of the Code of Civil
Procedure, could not set a date for the hearing, was not met by the
court, either. After hearing the plaintiffs in the case, the state
officials whose actions were challenged, as well as the public
representative Hary Pahaniayla, Judge Siamak ruled to dismiss the
complaints of Valiantsin Stefanovich and Andrei Bandarenka.
On
20 July a court in Minsk was expected to hear a similar complaint by
Aleh Hulak, the head of the Belarusian Helsinki Committee, but the
trial was postponed to 31 July, when the debate speakers included
Aleh Hulak, his representative – human rights defender Hary
Pahaniayla, a representative of the Ministry of Justice, which did
not mention his name to the court, and a representative of the
Ministry of Internal Affairs Aliaksei Biahun, head of the Department
of Citizenship and Migration. Aleh Hulak said that the authorities
illegally put him in the database and restricted his right to travel.
He noted that while the court failed to find out who did it, the fact
was admitted even by the Ministry of the Interior. Aleh Hulak said
that there were no legal grounds to restrict his right to leave the
country, and the Ministry of Interior and the Ministry of Justice
should be responsible for their actions. According to Hulak, this was
caused by discriminatory reasons. He cited as an example the fact
that 17 more people known for their political opposition activities –
famous human rights activists, lawyers, and journalists – were also
included in this list. Aliaksei Biahun admitted in the debate that
there really was a fact of technical failure, which resulted in Aleh
Hulak being added to the list of persons restricted to travel abroad.
But, according to Aliaksei Biahun, the database includes about
100,000 people, and only 50 people found their names there by
mistake. The Interior Ministry official present in court said that
after these proceedings Aleh Hulak was removed from the list of
persons restricted to travel abroad.
On 26 July Savetski
District Tax Inspection of Minsk fined the head of the information
and educational institution "Platform" Andrei Bandarenka
for late submission of papers on income tax. According to the human
rights activist, "Platform" submitted the entire tax
reports in March, as required by the law. “However, as it turned
out, our report was “lost” somewhere and they had not remembered
of it until now. On 24 July we filed the report again. On 25 July the
tax inspector called me and asked to appear at 6 p.m., we agreed that
I would come. However, at 4.30 my apartment was visited by employees
of law enforcement and prevention department No. 66 of Savetski
District and presented a warrant compelling my appearance at the Tax
Inspection. They said they could only do it in their car,” said
Bandarenka. As a result, the tax authorities imposed on “Platform"
a fine of 500,000 rubles and a 200,000 fine on Bandarenka as the head
of the institution.
On 31 July Alena Krasouskaya-Kaspiarovich,
deputy director of the information and educational institution
"Platform", was reported missing by her associates.
"Platform" employees were last spoke to her at about 3
p.m., after which the connection was broken, and her whereabouts were
not known. On 1 August, after the incident was reported to the
police, it turned out that the human rights defender was in the
center of delinquents’ isolation in Minsk. It was not until 2
August, when the human rights defender was visited by her lawyer who
learned that Alena Krasouskaya-Kaspiarovich had been arrested near
her house and charged with hooliganism. The human rights defender
associates were told that on 3 August Partyzanski District Court of
Minsk would hear the charges, but in the first half of the day, Alena
Krasouskaya-Kaspiarovich was stolen from the detention center by
unidentified plainclothes persons, taken in a car without license
plates outside the city and released without explanation.
On
14 August human rights defender Uladzimir Malei was summoned to
Leninski District Police Department of Brest, where the trial was
held into his jogging on 4 August in the streets of the city in a
T-shirt with the image of Ales Bialiatski in solidarity with the
arrested head of the Human Rights Center "Viasna" and other
political prisoners. Uladzimir Malei explained to the law enforcement
officials that the public order was not broken, and he did not abuse
anyone by his jogging. As a result, the administrative proceedings
were discontinued.
On 17 August member of the Human Rights
Center "Viasna" Tatsiana Reviaka was summoned to the KGB
central office for questioning “as a person being aware of
circumstances that have significance for maintaining the national
security of the Republic of Belarus”. The interrogation was
conducted by Captain Aliaksandr Rubinau (during previous searches at
the office of the Human Rights Center "Viasna" and in the
case file of Ales Bialiatski this person was known as Matskevich) and
senior investigator Aliaksandr Breyeu. The interrogation concerned an
article about interference of the Mahiliou KGB with the electoral
process. KGB officer Aliaksandr Rubinau also inquired on the source
of the information and its author. He then asked whether Tatsiana
Reviaka checked the data mentioned in the article. The human rights
defender was warned that in case the information concerning the
security services mentioned in the article failed to be confirmed, it
would be viewed as discrediting a public authority and the Republic
of Belarus in general, but it was noted that for the moment the issue
of criminal proceedings on the charges was not under discussion.
On
21 August the Court of Baranavichy fined local human rights defender
Siarhei Housha 1.5 million rubles after Judge, as Judge Vasil Petryu
found the Mr. Housha guilty of "using foul language in public"
while talking to chair of constituency election commission No. 5 Mrs.
Tatsiana Latyshava back on 23 July. The charge was related to the
events that occurred on 10 July, when observer Siarhei Housha
attended the first meeting of the constituency election commission
No. 5 and examined the minutes of this meeting. Noticing certain
inconsistencies in the report, on 23 July S. Housha addressed the
commission’s chair Latyshava with a comment on the errors found. As
a result, the observer was accused of disorderly conduct. Despite the
fact that Siarhei Housha presented in court a recording of his
conversation with the chair of the commission, which did not contain
any foul language, the judge found him guilty.
On 24 August a
police patrol in Zhodzina detained human rights defender Aliaksei
Lapitski for photographing policemen. The patrol’s head A. Manko
called a car for support. The police officer P. Yasinevich ordered
his subordinates to continue patrolling and, after a short
conversation with the human rights activist and checking his passport
details, said that Aliaksei Lapitski was not detained and he could be
free.
On 31 August it was reported that the information and
educational institution "Platform", which protects the
rights of prisoners, was under the threat of closure. This initiative
was launched by Savetski District Tax Inspection of Minsk on the
basis of alleged violations by "Platform" the deadline for
submission of the income tax declaration and failure to notify the
Inspection of a change in location. The hearing is scheduled for
September in Economic Court of Minsk.
Torture
and cruel treatment
On 7 July activist of the
"European Belarus" movement Alena Semenchukova urged
Vitsebsk Region Prosecutor's Office to force the Ministry of
Interior’s local department improve prison conditions in the
detention center of Vitsebsk. In her complaint, the girl said that
the center’s detention conditions constitute degrading treatment of
the people who are held there. “There are no sleeping berths in the
cell, or any furniture at all. The administration of the temporary
isolator refused to accept a parcel with warm things, water any
hygienic means for me, that's why I had to lie down on the floor in a
white T-shirt, jeans and in ballet slippers. It was impossible to
fall asleep, as it was rather cold. It was stuffy in the cell, as it
is not aired. The light of the lamp kept dazzling all night, as it
was not turned off. It was also impossible to turn down the volume of
the radio. I was brought food for the first time in the morning of
the day after the detention. I had to eat on the floor with dirty
hands, as I was given no soap and towel. I was unable to use the
toilet, as the sink had no waste tank and was located in the area of
the guard's vision," said the activist. Alena Semenchukova spent
in the detention center 10 days for distributing leaflets.
On
20 July the parents of Pavel Plaksa, who was arrested on suspicion of
a theft on 30 May 2012 and held in Zhodzina remand prison, eventually
received a reply to their numerous complaints of torture against
their son by employees of Leninski District Police Department of
Minsk. The investigative Committee refused to initiate criminal
proceedings. Following a number of complaints submitted by the
parents to the House of Representatives’ Standing Committee for
Human Rights, National Relations and Mass Media, the Prosecutor
General, the Prosecutor of Leninski District, as well as two
statements from Pavel Plaksa himself, an inspection was carried out,
says the reply from the Investigative Committee’s Minsk Leninski
District Department signed by investigator Major I. Mukasei, which
goes on to say that it will not open a criminal case referring to
Par. 2-1 Art. 29 of the Code of Criminal Procedure, that is, for the
absence of corpus delicti in the actions of the policemen.
According
to Pavel Plaksa’s father, the inspection file does not even hint at
torture of his son: it argues that Pavel’s injuries were caused by
his resisting arrest at home. However, it says nothing about the fact
that he was beaten in the police department. “The policemen only
recorded in a register that truncheons had been used, although the
bruises are 25-36 centimeters wide, go from the buttocks to the
thighs; there are scratches and bruises all over his body, the wounds
are enormous. They were afraid that he would once again begin to
resist, and kept him handcuffed day and night – that’s what they
write. The operatives themselves testified that the handcuffs were
removed only when signing the papers,” says Pavel’s father. What
happened right before the signing of police papers was told to his
parents by Pavel himself. “Within a few days he was tortured day
and night. He was beaten up, a pack was put on the head to block the
air, no food was given, he was not let out to the toilet. He was
tortured in turns, in shifts,” Pavel’s father. “There was a
policeman named Raman who was especially brutal. He poked Pavel's
face with his ID and said: “You do not get out of here alive, and
no one will know you are dead.” And it is under pressure from
policeman Raman that Pavel Plaksa signed a refusal to be taken to
hospital when the ambulance came.
Human rights defenders have
repeatedly criticized the efficiency of investigations into
police-related abuses conducted by the employees of the same
law-enforcement bodies. In Pavel Plaksa’s case, his parents’
complaint against personnel of Leninski District Police Department
was redirected to the Investigative Committee’s Minsk Leninski
District Department, i.e. the body in charge of investigating the
charges brought against Pavel, where former employees of the Police
Department work.
After studying the results of the inspection
by the Investigative Committee, Pavel Plaksa’s parents decided to
appeal the decision at Leninski District Prosecutor’s Office of
Minsk.
Pressurization of
social and political activists by security services
On
6 July a former employer of Maladechna activist Tatsiana Balabanskaya
received a phone call from the KGB who inquired whether she still
worked there. During the previous local councils elections in 2010
Tatsiana Balabanskaya was dismissed from her job as an engineer in
the Maladechna forestry on the initiative of its director Anatol
Yermalovich the day after Tatsiana applied for registration as a
candidate. The new round of harassment by the KGB is associated with
the beginning of the campaign for parliamentary elections.
On
14 August Uladzislau Yarashou, a collector of signatures in support
of the candidate of the Movement "For Freedom" Uladzimir
Punchanka, said his home had been visited by a KGB officer, who asked
questions about how much the activist was paid for a signature, who
managed and organized the process. The man who introduced himself as
KGB officer threatened Uladzislau, a student of the Kuliashou
Mahiliou State University, with expulsion for his work in the team of
the opposition candidate; he also proposed cooperation with the KGB.
On 16 August, a day after the incident was reported on the Internet,
Uladzislau Yarashou received a call from the KGB and asked to come
for a conversation. The youth refused to meet without a writ. The
writ was shortly served on Uladzislau and a car took the student to
the KGB office. The conversation lasted for nearly an hour.
Uladzislau described the unknown person, who named himself as a KGB
agent, told what he was asked and said that he refused to give his
name. Uladzislau Yarashou eventually signed an undertaking not to
disseminate false information.
On 17 August Babruisk UCP
leader Viktar Buzinayeu was summoned to the KGB. The conversation
with KGB agent Pavel Silkou lasted for about three hours. The
activist was warned against organizing an action, he was told that
even if he put on a T-shirt with a slogan and went walking around the
city, it would be viewed as an unauthorized action. And for this,
according to the KGB officer, Viktar Buzinayeu could face charges
under Article 342 of the Criminal Code ("Organization and
preparation of activities that breach public order or active
participation in them"), and a sentence of up to three years of
imprisonment.
On 24 August Dzianis Dashkevich, Rahachou
activist of the "Tell the Truth!" civil initiative, was
summoned to the local department of the KGB, where he was held for
almost 4 hours. The activist was forced to sign a paper saying that
he was involved in financial swindle, namely in taking money for
organizing weddings in dollars, not rubles, and helped his fellow
entrepreneurs to organize such celebrations. A similar conversation
was also carried out with Dashkevich’s wife, who was released from
the KGB earlier. The KGB officers told Dashkevich that he might face
criminal charges, and the information on his activities would be
transferred to the tax inspection.
On 30 August the police
detained the administrators of a number of opposition communities in
the vk.com social network. On this day, the mother of Pavel
Yetsikhiyeu was visited by two persons in civilian clothes, who
without showing any documents said she would be taken home in the
case of his son. At the entrance four more persons were waiting for
them, KGB agents as described by the woman. They went up to the
apartment and in the presence of the woman questioned Pavel. They
were interested in his relations with a certain Raman (probably
Pratasevich) and his involvement in the Internet-based community
"Liapis Trubetskoy – Free Concert in Minsk." They also
asked for a password to the community account. Then the police were
called, who took Pavel and his home computer away. After his mother
objected to the arrest, she was shown an ID of a police captain
Aliaksandr Makarau. No reports were drawn up during the arrest. On 31
August Pavel Yetsikhiyeu was taken to Kastrychnitski District Court
of Minsk and sentenced to five days in jail on charges of
hooliganism.
Andrei Tkachou, the administrator of an online
community called "Only SHOS!", whose girl-friend’s
apartment was searched and a laptop was confiscated, was also accused
of disorderly conduct and sentenced to seven days in jail.
Raman
Pratasevich, the head of the community "Liapis Trubetskoy –
Free Concert in Minsk," was released after four hours of
interrogations, threats and beatings, since he is a minor.
Another
administrator of the online community Siarhei Biaspalau, who had been
warned by his friends, managed to avoid arrest and had to leave
Belarus.
Vitsebsk law-enforcement agents arrested moderator of
the Internet community "We are Sick and Tired of this
Lukashenka" Aleh Shramuk. According to the activist, there was a
ring at the door and an unknown woman offered to buy poison for mice.
Shramuk refused, but after some time, the same woman came again. When
Aleh opened the door, riot policemen broke into the apartment.
Without any explanations, they took Aleh, saying that they were
employees of Kastrychnitski DPD. His wife Alesia Shramuk was also
questioned. After almost a 24-hour interrogation, Aleh Shramuk was
released, and the online community was deleted.
On 30 August
Dzmitry Audzeichyk, head of Hrodna Kastrychnitski district branch of
the United Civil Party, as well as his friend Yauhen Shviadzko,
reported pressure from the security services. According Audzeichyk,
he and Shviadzko were arrested a week earlier while posting homemade
leaflets calling for a boycott of the elections. Audzeichyk said that
they had been tracked down by a man in civilian clothes, who called
the police. The detainees were taken to the police station in Hai
Street, held there for three hours and forced to provide written
explanations. The activists were threatened with criminal liability,
considering that the content of the leaflets had "anti-state
character." The activists expected their cases to be heard in
court. However, according to Dzmitry Audzeichyk, Yauhen Shviadzko
recently received a call from the KGB and told that both activists
would soon be summoned for explanations.
Administrative
prosecution of civil and political activists, arbitrary
detentions
On 2 July mass media reported about
detention of Yahor Viniatski, activist of “Zmena”, the youth wing
of the "Tell the Truth!" civil campaign. On 30 June he
received a phone call from Pershamaiski District Police Department of
Minsk and was invited to appear in connection with a laptop he
reported to have been stolen. But in the end he found himself in the
delinquents’ isolation center in Akrestsin Street, after being
charged with an administrative offense. On 3 July Yahor Viniatski was
taken out to Pershamaiski District Department of Internal Affairs for
a preventive conversation, but the conversation did not take place.
After 5 hours of waiting the youth activist was released, but warned
that he would be summoned to court by a special order.
On 3
July, during the national holiday of Independence Day, Baranavichy
law-enforcement agents arrested youth activist Artsiom Babei. They
were following him since the morning, but detained the activist near
the park in Kamsamolskaya Street. The policeman said that he looked
like a criminal and took him to the police station in the same
street. The search was joined by Major Kulhavik, who had warned the
activist against participation in so called silent protests in 2011.
The activist was held for about an hour and then released without
charges.
On 24 July Pershamaiski District Court of Minsk heard
the case of Andrei Mouchan, activist of the "European Belarus"
movement, who on 19 May in a sign of solidarity with the imprisoned
opposition activist Siarhei Kavalenka of Vitsebsk displayed a
white-red-white flag in Minsk, for which he was severely beaten by
police. He was charged under Article 23.34 of the Administrative Code
(“unauthorized picketing”). Judge Siarhei Liushtyk found Andrei
Mouchan guilty and sentenced him to a fine of 280,000 rubles,
ignoring the fact of beating Mouchan confirmed by medical
evidence.
On 4 July the judge of the Kastrychnitski District
Court of Vitsebsk Ina Hrabouskaya awarded two fines, each of
1,200,000 rubles, to activist of the "Young Front" movement
Yauhen Hutsalau, who was detained on 3 July for distributing leaflets
calling for a boycott of the elections and placed overnight in a
detention center. The young man was charged with two offenses:
“organizing an unsanctioned rally” and “disobeying police”.
On
5 July 5 Judge Ina Hrabouskaya sentenced the activist of the
"European Belarus" movement Alena Semianchukova with 10
days of arrest. The 22-year-old girl had been arrested back on 29
June while distributing leaflets calling to boycott the elections.
The trial began on 30 June, but the judge postponed the hearing, so
that Alena could sign an agreement with a lawyer.
On 12 July
Orsha police arrested activist of the civil campaign "Our House"
Yanina Liasneuskaya. The police officers said they suspected her of
distributing works that promoted violence and cruelty (Article 17.8
of the Code of Administrative Offenses), namely a children's coloring
book "My Dad is a policeman. What does he do at work?"
After a conversation with the police, Yanina Liasneuskaya was charged
with an administrative offense and then released.
On 17 July
the judge of the Pershamaiski District Court of Minsk Alena Ananich
considered the administrative case of Leanid Mazhalski who protested
against the construction of homes for special police employees in
Minsk’s Uruchcha residential area. Mazhalski was arrested on 5
July, when he tried to prevent the builders from setting a
construction site. Mazhalski was charged under Article 17.1
(“disorderly conduct”), 23.4 (“disobeying a lawful order or
requirement of a person in the discharge of official duties”), and
23.34 (“violation of the order of organization or holding of mass
events or picketing”) of the Code of Administrative Offenses. Under
the first charge, he was sentenced to two days of administrative
arrest, under the second – sentenced to a fine of 2 million rubles,
and under the third – sentenced to three days in jail.
On 17
July, on the eve of Russian Prime Minister Dmitry Mededev’s visit
to Minsk police detained Ivan Amelchanka, activist, author of the
acclaimed performance "Musarok" ("Cop"). After
about 11 a.m., Ivan left the house for a meeting, and after 1 p.m. it
became known that he was taken to Leninski District Court of Minsk
and he accused of disobeying the police (Article 23.4 of the
Administrative Code). Judge Zapasnik sentenced Ivan Amelchanka to 12
days of administrative arrest. On the day of his detention and
arrest, Ivan Amelchanka was going to visit the constituency election
commission to register his initiative group to be nominated as a
candidate for the House of Representatives. However, having the
experience of preventive detentions (in the last two months
Amelchanka spent behind bars a total of 40 days), it was decided to
send the documents for registration by mail. The constituency
commission received the documents, but refused to register the
initiative group, precisely because the documents were not delivered
in person.
On 17 July the police detained "Young Front"
activists Uladzimir Yaromenak, Raman Vasilyeu and minor Raman
Pratasevich (later released). Uladzimir Yaromenak and Raman Vasilyeu
were taken to Kastrychnitski District Court of Minsk and accused of
using foul language: at 7.40 a.m. they were allegedly swearing in the
streets of Babruisk. Judge Lapko punished Raman Vasilyeu with a
12-day arrest, the witnesses were police officers Tsiunis and
Drazdou. Uladzimir Yaromenak was sentenced to 15 days of prison.
Kasia Halitskaya, who came to the House of Justice to support the
activists, was detained in the court building, charged with using
foul language and spent the night in the Delinquents’ Isolation
Center. On 18 July the judge of Maskouski District Court of Minsk
Tatsiana Motyl sentenced Kasia Halitskaya to 10 days of
administrative arrest, the witnesses were riot policemen Yauhen
Baradach and Dzmitry Tarashkevich.
On 18 July Tatsiana
Novikava, a coordinator of the Belarusian antinuclear campaign, and
nuclear physicist from Russia Andrey Ozharovsky were sentenced to
arrests of 5 and 10 days respectively on charges of disorderly
conduct as a result of a trial at Leninski District Court of Minsk.
The activists of the anti-nuclear campaign were planning to pass to
the Russian embassy in Minsk an appeal against the signing of the
contract for the construction of a nuclear power plant in Astravets.
The signing was scheduled during the visit to Minsk of Russian Prime
Minister Dmitry Medvedev. Tatsiana Novikava is chronically ill, she
has her thyroid gland removed, and she cannot live without the
continuous use of special medications.
On the same day, Minsk
police detained head of the Public Association "Eco House"
Iryna Sukhiy, who is also an activist in the anti-nuclear campaign,
and coordinator of the monitoring group of the Center for Legal
Transformation Mikhail Matskevich. After being charged with
disorderly conduct (Art. 17.1 of the CAO), they were taken to
Tsentralny District Court. Judge Yakunchykhin sentenced Iryna Sukhiy
to a fine of 1.5 million rubles, Judge Yesman sentenced Mikhail
Matskevich to three days' imprisonment. Witnesses in the case were
policemen Anton Litsvinka and Bahdan Zhokun.
On 19 July
Tsentralny District Court of Minsk considered an administrative
action activist of the LGBT movement Varvara Krasutskaya, who was
accused of disorderly conduct (Art. 17.1 of the CAO) and fined
700,000 rubles (Judge – Viktoryia Tkachova). Varvara was detained
near Minsk’s Kastrychnitskaya Square in the afternoon of 18 July.
The reason for the detention was a T-shirt "Free Ales
Bialiatski!" The activist was taken to Tsentralny District
Police Department, and after being charged, was taken to the
delinquents’ isolation center.
On 24 July Pershamaiski
District Court of Minsk considered an administrative action activist
Andrei Mouchan, detained in the night of 14 July for distributing
leaflets. The case was considered by Judge Siarhei Liushtik. A.
Mouchan was charged under two articles of the Administrative Code:
23.14 (“violation of urban environment restrictions”) and Art.
17.1 (“disorderly conduct”), and punished by a fine of 1 million
rubles. The witnesses were police officers of the Guard Department
Viktar Samutsenka and Yauhen Burak.
On 26 July representatives
of a number of human rights organizations of Belarus sent a joint
letter to Prosecutor General of the Republic of Belarus Aliaksandr
Kaniuk and head of the Supreme Court of Belarus Valiantsin Sukala
requesting a meeting to discuss the situation with illegal preventive
detentions of civil society activists and representatives of youth
opposition groups and demanding to put an end to this illegal
practice and bring the perpetrators to justice. The appeal says that
in recent years in Belarus on a regular basis ahead of mass events or
arrivals of high-ranking officials of foreign countries there have
been numerous arbitrary detentions of civil society activists and
representatives of youth opposition groups, who were usually accused
of disorderly conduct, and then on the testimony of the police courts
punish them with administrative arrests. According to the human
rights defenders, such methods are used to preventively isolate the
activists at the time of certain socio-political events. The human
rights activists said that this practice should be considered as
arbitrary detention, while these actions are contrary to the
principles of the rule of law, involving the police and judges to
participate in the political persecution of citizens.
On 7
August the Human Rights Center "Viasna" received a reply to
its appeal from the General Prosecutor's Office. The head of the
Department of Supervision of the Rights and Freedoms of Citizens M.V.
Papova limited her letter to a bureaucratic formal reply, saying that
"taking into account that you are not a person who was legally
delegated the right to represent the people mentioned in the appeal,
there are no sufficient grounds to consider your appeal on its
merits." However, human rights defenders didn't seek to
represent interests of citizens in any administrative trials, they
just asked for a meeting with the Prosecutor General and the head of
the Supreme Court with the aim to discuss the situation, get the
unlawful practice stopped and the perpetrators punished. The
procuracy hasn't given a substantial answer, though.
On 27
July, the day of the signing of the Declaration of Sovereignty, on
the steps of Pershamaiski District Court of Minsk the police arrested
a 65-year-old activist Nina Bahinskaya, who, as a sign of celebration
and protest against illegal trials, displayed a white-red-white flag.
Thirty minutes later, a police car pulled up, which took Nina
Bahinskaya to Pershamaiski District Police Department, where a woman
was released three hours later.
At about 8 p.m. on 31 July
outside the central railway station in Minsk police detained the
activists of the "European Belarus" movement Aliaksei
Tsioply and Mikita Kavalenka, who were handing out the newsletter
"Charter 97." After three hours of detention, the activists
were released without charges.
On 4 August Zhodzina police
detained Andrei Zubro and Siarhei Khamutsinin, who were wearing
T-shirts with the inscription "Freedom for Ales Bialiatski!"
The reason for the detention was the need to check their identities.
After a short conversation on the inadmissibility of participation in
unsanctioned public events, the activists were released without
charges.
On 4 August Barysau police detained the deputy head
of the United Civil Party Leu Marholin and a member of his electoral
team, Mikhail Vasilyeu near the major Barysau supermarket “Vesta”,
where they were collecting signatures in support of Marholin's
candidacy. A banner “For free elections without Lukashenka” was
hanged out at the picket together with a photo of Marholin, and the
signers were asked to sing not in support of Marholin, but for fair
elections. The detainees were charged under Article 23.34 of the
Administrative Code, "holding an unauthorized mass event."
On 8 August the judge of Barysau District Court Iryna Pasiuk ruled to
impose a fine of two million rubles on Mikhail Vasilyeu and three
million rubles on L. Marholin.
On 5 August the Navapolatsk
police detained activist of the NGO "Free Region"
Aliaksandr Drazdou with a banner "Freedom for Bialiatski!".
After being taken to the police department, the activist was searched
and warned of liability for unauthorized actions. The question
remains as to where the police found out about the activist’s
intentions.
On 22 August Savetski District Court of Minsk
heard the administrative case of activists of the Belarusian
Christian Democracy Halina Karzhaneuskaya and Ina Loika for
participating in the pickets for a boycott of the elections. The
court ruled to fine the activists 300,000 rubles each.
At
about 9 p.m. on 21 August police detained activist of the "European
Belarus" movement Aliaksei Tsioply outside the central railway
station in Minsk, who had just returned home from Poland. On 22
August the judge of the Kastrychnitski District Court of Minsk
Hermanovich found Aliaksei Tsioply guilty of a violation of Art. 17.1
(“disorderly conduct”) and Art. 17.9 (“smoking in a public
place”) of the Administrative Code and sentenced the activist to a
fine of 500,000 rubles. The actual reason for the trial of the
activist was his distribution of the "Charter 97"
newspaper.
At about 11 a.m. on 22 August at the central
railway station of Minsk, police detained Mahiliou activist of the
"European Belarus" movement Viktar Boldzin, who had just
got off the train. He was transporting several editions calling for
an election boycott and the officially registered newspaper
"Narodnaya Volia". On the same day, Kastrychnitski District
Court of Minsk sentenced Viktar Boldzin to a fine of 300,000 rubles
on charges of disorderly conduct.
On 22 August the police
detained activist of the "Young Front" movement Mikalai
Dzemidzenka. Late in the evening, it became known that he was placed
in the delinquents' isolation center in Akrestsin Street and charged
with disorderly conduct (Art. 17.1 of the CAO). On 23 August, Mikalai
Dzemidzenka was taken to Frunzenski District Court, where Judge
Dzmitry Lukashevich ruled to arrest the activist for 7 days.
On
23 August Mahiliou police detained local coordinator for the
organization of the monitoring process in the framework of the
campaign "For Fair Elections" Yury Novikau and Halina
Lisitsyna. The detention took place near the train station, after the
newspapers, brochures and notebooks have been transferred from one
vehicle to another. The policemen counted the products and seized
them. After three hours of detention the regional coordinators of
independent observation were released, but told to appear in Leninski
District Police Department later.
On 28 August the police
detained the BCD Executive Secretary Dzianis Sadouski who was
transporting a circulation of a newsletter "Krynitsa"
featuring information about the boycott. As it was found out later,
he was kept in Frunzenski District Police Department, where he was
charged with disorderly conduct. Later, Frunzenski District Court
ordered the arrest of Dzianis Sadouski for 10 days (Judge – Maryia
Liashkevich).
Restrictions on
freedom of speech and the right to impart information, persecution of
journalists
On
26 July Tsentralny District Court of Minsk considered the
administrative case of journalist of the "European Radio for
Belarus" Vital Ruhainy, detained on 25 July and charged with
using obscene language in public (Judge Tatziana Tkachova). Vital
Ruhainy was released in the courtroom, but the case was not closed
and sent back for revision – the police had five days to find
evidence of Vital Ruhainy’s guilt. All attempts to get to the
courtroom were stopped by the police. Journalists counted seven
police officers, who were thus involved in the process. In the course
of the trial were interviewed three witnesses-policemen who detained
Vital Ruhainy. The detention of the journalist took place late in the
evening on 25 July in central Minsk. The detention was carried out by
a group of policemen and commanded by persons in civilian clothes.
After being charged, the journalist was taken to the delinquents’
isolation center. On this day, Vital turned 25. Vital Ruhainy’s
detention is regarded as a kind of revenge by the police for a report
from the subway, during which ERB journalists marched through the
stations with a large suitcase, without being stopped by the Metro
guards. On his return from Lithuania on 24 July, Vital Ruhainy was
removed from the train and subjected to a full customs inspection at
the border crossing Hudahai. The customs officials took Vital’s
passport, laptop, but then returned them and he was released.
On
9 August Savetski District Court of Minsk heard the administrative
cases of journalists Yulia Darashkevich and Iryna Kozlik. Iryna
Kozlik is a journalist of the "Komsomolskaya Pravda in Belarus"
newspaper, and Yulia Darashkevich is a freelance photographer. They
were arrested in the evening of 8 August outside Minsk’s Palace of
Arts, when they were being photographed for a virtual "poster"
with bear-paratroopers within the campaign of solidarity with the
arrested photographer Anton Surapin. The journalists were accused of
illegal picketing (Art. 23.34 of the CAO). The arrest report of
Darashkevich and Kozlik mentions "picketing by photographing."
Judge Dzmitry Pavliuchenka found the journalists guilty and ruled to
impose on each of them a fine of 3 million rubles.
On 10
August journalist Tatsiana Belashova was summoned to Minsk City
Prosecutor's Office in connection with an investigation into the
activities of the "Belsat" TV channel. Prosecutor Dzmitry
Pastayalka remembered Belashova’s arrest in Gorky Park in Minsk on
1 June as she was shooting a video. According to the prosecutor, the
video shot by Tatsiana were aired by "Belsat". In this
regard, Tatsiana was warned about violating of the law "On Mass
Media", in particular for working without accreditation for the
benefit of the Polish TV station. The warning was signed by the
Deputy Prosecutor of Minsk Kazimir Kezhun.
On 11 August
cameraman Viachzslau Piashko and journalist Hanna Azemsha were
shooting the editor of the independent newspaper “Prefekt-Info”
Dzmitry Lupach who was handing out the weekly in a public place. The
journalists were then detained by a police patrol. At the police
department, Piashko and Azemsha were identified and released, while
Lupach was held longer, as the policemen wanted to know if his
newspaper was a registered one, who issued it, and for what purpose.
As a result, the editor was also released, but asked to fax papers
certifying the legal status of the newspaper.
On 13 August
independent journalist Kanstantsin Shytal was summoned to Hlybokaye
District Prosecutor's Office to provide clarification on the article
"Yaraslau Bernikovich offers help to supporters of boycott"
signed by his name and posted on the regional web-site
www.westki.info
. Prosecutor Anatol Seurukou threatened Kanstantsin Shytal with
administrative responsibility if similar publications appeared on the
web-site in future. Meanwhile, the journalist said that he had not
violated the law: the boycott is not banned in Belarus, and the
article on the independent website can hardly be considered as a call
for a boycott.
On 14 August journalist Henadz Barbarych was
summoned to Prosecutor's Office of Minsk in connection with an
investigation of his work for “Radio Racyja”, that was initiated
after a search of the office of the radio station on 2 May.
Prosecutor Dzmitry Pastayalka called the journalist a permanent
employee of “Radio Racyja” and said that he had listened to a lot
of his reports aired on the radio station and found on the computers
seized during the search. In the end, Prosecutor issued an official
warning, urging him to stop working for foreign media without
accreditation. The warning was signed by Deputy Prosecutor of Minsk
Kazimir Kezhun. Belarusian journalist of Radio "Racyja" are
forced to work illegally, since the Ministry of Foreign Affairs has
repeatedly denied the radio station official accreditation.
On
19 August Zhana Litvina, chair of the public association "Belarusian
Association of Journalists", was excluded from the list of
foreign travel restrictions. This was stated in a notification
received from the Department of Citizenship and Migration of the
Ministry of Interior. The Department officials said Zhana Litvina was
added to the travel ban list owing to a computer failure, which
allegedly occurred between 24 February and 10 March 2012. Zhanna
Litvina believes the reason is trumped up and links it to a specific
decision of the official Minsk.
On 20 August journalist Alena
Stsiapanava was summoned to the Vitsebsk Region Prosecutor's Office
to provide explanations for her work for foreign media without
accreditation. As a result of the conversation with Prosecutor
Zaitsau, head of the department for supervision over the
implementation of laws and legality of legal acts, an official
warning was issued, but with the signature of a different man –
Deputy Prosecutor of Vitsebsk region, senior justice advisor H.A.
Karanko. The journalist was warned for allegedly carrying out the
preparation of audio and video reports, as well as for interviewing
people, that were later “published on behalf of the foreign media
(the Czech office of Radio "Liberty")”. By the way, Czech
office of Radio "Liberty" ceased to exist in 2002.
Prosecutor Zaitsau said that the appearance of the journalist’s
name on any Internet web-sites was "undesirable" and that
these facts could be interpreted as cooperation with foreign media
without accreditation.
On 23 August journalist Mikhail Yanchuk
was summoned to the Department of Citizenship and Migration of the
Ministry of Interior and shown a certificate-statement, saying that
he had "no restrictions for foreign travel". The document
was dated 23 August and bore the signature of senior inspector for
special affairs Liudmila Maskaliova. As of the end of August, two
journalists remained the on the border service’s black-list: Andrei
Dynko and Aliaksandr Atroshchankau.
On 23 August Orsha town
department of the Investigative Committee of Belarus opened a
criminal case against journalist Mikalai Petrushenka for "insulting
a government official." The reason for the prosecution was an
article by Mr. Petrushenka entitled "Pedophile receives awards
for best children's playgrounds" and published on the web-site
www.nash-dom.info
on 8 August. The publication was available in the section "Blogs".
According to a decree signed by senior investigator S. Shcharbianka,
the author of the article argues that the deputy head of Orsha City
Executive Committee is suspected of promoting the activities of a
pedophile. Thus, Petrushenka caused "public insult" to the
official “as a government official in connection with his discharge
of official duties.” “The collected materials contain sufficient
data to indicate the elements of a crime under Art. 369,” the
investigator claims. In connection with this, he ordered to bring a
case against Petrushenka and initiate proceedings on the
charges.
Restrictions on freedom of assembly
On
9 July Brest authorities banned two rallies scheduled by the BCD
activists: on 10 July – in support of political prisoner Pavel
Seviarynets, and on 14 July – under the slogan "Freedom to
political prisoners". The reason for the ban, as stated in the
response of the executive committee, is that the events were planned
to be held next to the building occupied by the Russian and the
Polish Consulates in Brest, which is "contrary to the laws of
the Republic of Belarus."
On 24 July, three activists of
the organizing committee of the party "Belarusian Christian
Democracy" received bans from Minsk City Executive Committee to
hold pickets for a boycott of the elections. Member of the BCD
National Council Ina Loika, who was one of the applicants of the
pickets scheduled on 28 and 30 July at 50 Independence Avenue, was
denied due to picket’s proximity to the metro station. Activist
Ivan Saladukhin also applied for holding a picket on 28 July at 50
Independence Avenue, and on 30 July at 50 Surhanau Street. In the
first case, he was denied due to proximity to the subway, in the
second – under Article 9 of the Law "On Mass Events"
without providing a specific reason. Member of the BCD National
Council Ales Shamiakin was not allowed holding pickets in Yakub Kolas
Square on 28 and 29 July. On 23 July a negative response was received
by the leader of the Young Christian Democrats Maryna Khomich, who
petitioned for holding pickets on 28 July at 21 Independence Avenue,
and on 31 July at 4 Zhylunovich Street. On 21 July a ban on holding
two pickets was received by BCD activist Nadzeya Iyulskaya, who was
expected to hold the events on 28 July in Yakub Kolas Square and on
30 July in Zhylunovich Street. All the bans were signed by Deputy
Mayor of Minsk Ihar Karpenka.
On 27 July the UN Human Rights
Committee recognized a violation of the rights of Baranavichy
activists Siarhei Housha, Viktar Syrytsa and Viktar Meziak to freedom
of expression and assembly. The complaint concerned a ban on rally
entitled "For free, independent and prosperous Belarus" of
10 September 2006. On 4 September 2006 the Baranavichy City Executive
Committee dismissed the activists’ application for holding the
rally on the grounds that the meeting on the same topic had already
taken place in the premises of the city executive committee back on
15 March 2006. The ban was appealed to the Court of Baranavichy
District and of Baranavichy City and the Judicial Chamber for Civil
Cases of the Brest Region Court. However, their complaints were
dismissed. Thus, the activists exhausted all available domestic
remedies in the attempt to exercise their right of peaceful assembly,
guaranteed by article 35 of the Constitution." "The Human
Rights Committee, acting under article 5, paragraph 4, of the
Optional Protocol to the International Covenant on Civil and
Political Rights, is of the view that the facts before it disclose a
violation by Belarus of article 19 and article 21 of the Covenant",
says the UN Human Rights Committee in its Views adopted on 27 July
2012. "The Committee observes that the State party has failed to
demonstrate, despite having been given an opportunity to do so, why
the restrictions imposed on the authors' rights of freedom of
expression and assembly, even if based on a law and a municipal
decision, were necessary, for one of the legitimate purposes of
article 19, paragraph 3, and the second sentence of article 21 of the
Covenant. Accordingly, the Committee concludes that the facts as
submitted reveal a violation, by the State party, of the authors'
rights under article 19 and article 21 of the Covenant," says
the Committee’s decision. In addition, the Committee noted that
“the State party is under an obligation to provide the authors with
an effective remedy, including reimbursement of the legal costs
incurred by them and compensation. The State party is also under an
obligation to take steps to prevent similar violations in the future.
In this connection, the State party should review its legislation, in
particular the Law on Mass Events, and its application, to ensure its
conformity with the requirements of article 19 and article 21 of the
Covenant.”
In late July-early August executive authorities
across the country banned rallies of solidarity with the imprisoned
leader of the Human Rights Center "Viasna" Ales Bialiatski
and other Belarusian political prisoners. Denials to hold peaceful
mass events were received by human rights defenders and civil
activists from Hrodna, Smarhon, Babruisk, Brest, Vitsebsk,
Baranavichy, Mazyr, Barysau, Orsha, Zhodzina, Biaroza, and
Maladechna. All further appeals against the bans heard in the courts
did not have a positive outcome.
Hrodna City Executive
Committee denied the right of human rights defenders Viktar Sazonau
and Uladzimir Khilmanovich to stage a picket on 4 August. The first
application for holding the picket received a strange answer from the
officials. After that Viktar Sazonau and Uladzimir Khilmanovich sent
another application to the city authorities, with a request to
clarify the situation, after which the officials sent a written
response signed by the deputy head of the executive committee Alena
Ahei, which definitely banned holding a picket in Kalozha Park. The
formal ground for the denial was failure to sign agreements with the
appropriate agencies to ensure public order.
The head of
Smarhon District Executive Committee Mechyslau Hoi did not authorize
a picket aimed at protesting against Ales Bialiatski’s
imprisonment, encouraging all members of the civil society in Belarus
to show solidarity and support for human rights organizations and
human rights activists and other persons, including candidates for
President, who were illegally sentenced following the events of 19
December 2010, as well as all people who are subjected to harassment
for their beliefs and political views, and demanding the release of
all political prisoners in Belarus. The picket was expected to be
held on August. The reason for the refusal was the fact that the
applicant of the picket Ales Dzerhachou wrote in his application that
he assumed the maintenance of public order and security during the
picket. The head of Smarhon District Executive Committee considered
the desire of the applicant to take these measures as contrary to
Decree No. 207 by the Council of Ministers of 5 March 2012, according
to which the functions of public order during mass events rest with
the police.
Babruisk activist Siarhei Latsinski was not
allowed to hold a picket in support of political prisoners. The ban
was signed by the deputy head of the executive committee Aliaksandr
Markachou. The official paper said that the law "On Mass Events"
does not define "a picket", which "does not allow
accurately determine which mass action is being planned." "The
application also fails to specify the specific place where you are
going to hold a mass event," wrote the official. Aliaksandr
Markachou’s answer mentions prevention of responsibility, which is
provided "for violating the procedures for organizing or holding
of public events." Siarhei Latsinski deliberately omitted the
location for the rally, stating that "the place shall be
determined by the executive committee."
Brest authorities
banned a picket expected to be held on 4 August by the human rights
defender Uladzimir Vialichkin. The official response signed by the
deputy head of the Brest City Executive Committee Viachaslau Khafizau
said that on 4 August the park where the human rights activist was
going to hold the picket would host events marking the Day of
Paratroopers and Special Forces. The second reason for the refusal of
the picket was failure to sign agreements with the appropriate
agencies, which should maintain public order during the event.
However, according to the applicant, he would not need a car of
garbage collectors, an ambulance, or a police bus, as the picket was
expected to be held by only two participants.
The deputy head
of Kastrychnitski District of Vitsebsk Viktar Halanau substantiated
his decision to ban an event on 4 August by the fact that the
applicants had not entered into service agreements with the
departments of the Interior, the city’s central clinic and the
enterprise "Vitsebsk housing and utilities." This is the
standard official denial, which is based on Decision No. 881 "On
mass events in Vitsebsk" adopted by the city authorities in
2009. However, the Interior Ministry departments, medical services
and ambulances, as well as public utilities refuse to sign the
contracts, requiring permission from the authorities in advance.
Therefore, the applicants are trapped in a "vicious circle",
and since the adoption of the decision, local authorities have not
given permission to a single event applied for by pro-democratic
activists.
On 28 July Baranavichy activists Siarhei Housha,
Viktar Syrytsa and Viktar Meziak received a letter signed by the
deputy head of the executive committee of Baranavichy Dz.
Kastiukevich, which reported that the executive committee did not
give permission for the rally on 4 August. The city authorities
argued that the applicants had violated Art. 6 of the Law "On
Mass Events" and Par. 4 of Decision No. 1497 by the executive
committee of Baranavichy of 16 June 2009 "On the order of public
events in Baranavichy" (as amended by Decision No. 2497 by the
executive committee of Baranavichy of October 10, 2009). However, the
employee of the ideological department Siarhei Piatsihoroau refused
to name, both in writing and orally, what specific rule of law was
violated the applicants.
On 26 July Mazyr human rights
defender Uladzimir Tseliapun received negative responses from the
executive committee and the district council of Mazyr to his
applications for a street manifestation in the city center. The event
was scheduled for 4 August and was expected to distribute leaflets
with information about Ales Bialiatski and to demand to put an end to
the harassment of the human rights defender. The letters signed by
deputy head of the Mazyr City Executive Committee Feliks Haliuk and
the head of the district council of deputies Siarhei Hvozdz are
nearly identical. Uladzimir Tseliapun was not allowed holding the
event on the grounds of alleged non-compliance with Article 2 of the
Law "On Mass Events in the Republic of Belarus", which
states that "a street march is an organized mass movement of
citizens on the pavement or on the roadway of a street, a boulevard,
an avenue, or a square in order to attract attention to any problems
or to publicly express one’s social and political sentiments or
protest.” “However, the application specifies the number of
expected participants of the street procession as one person, which
does not meet the definition of "a street march" provided
in the Law," reads the letter signed by Siarhei Hvozdz, head of
the district council of deputies.
Barysau City Executive
Committee banned a picket "Freedom for Ales Bialiatski",
which was planned to be held by local human rights defenders on 4
August outside one of the town’s major department stores. The
application for the picket was submitted to the local executive
committee by human rights defenders Maryna Statkevich and Aleh
Matskevich. Simultaneously, they lodged statements with the police
department of Barysau, the central district hospital and the
community services with a request to enter into contracts for the
provision of law and order during the picket, medical care and
clean-up. All the three services issued the same answers: "Owing
to your failure to meet the requirements of Art. 5 of the Law "On
Mass Events in the Republic of Belarus" of 30 December 1997 as
amended by the Law of 7 August 2003, we do not have any possibilities
to sign a contract with you." The same reason for a ban on the
rally was mentioned in the response of the Barysau District Executive
Committee.
Orsha City Executive Committee denied the right of
seven human rights organizations and political parties to hold a
picket in support of Ales Bialiatski. The formal reason for the
refusal was the absence of agreements with the police department,
local hospital and housing and public utilities. The above mentioned
services did not wish to sign such contracts, and the executive
committee, in turn, used this as an excuse for the ban.
Zhodzina
city authorities banned a rally scheduled for 4 August by local human
rights activists in order to demand the release of all political
prisoners, as well as prominent human rights defender Ales
Bialiatski. On 24 July Aliaksei Lapitski received a letter from
Zhodzina City Executive Committee, which denied the applicant’s
right to picketing. The ban was signed by deputy head of the ideology
department Yury Shary. The official believes that the picket with an
expected number of participants of 1-2 persons should not be allowed
on the grounds that "public order and security and medical
management of picketing during the public event should be maintained
by the bodies of internal affairs and those of public health."
Biaroza human rights defenders Siarhei Rusetski and Tamara
Shchapiotkina, as well as a member of the BPF party Anatol
Sakharusha, were not allowed by the executive committee holding a
picket in the city center on 4 August in support of the head of the
Human Rights Center "Viasna" Ales Bialiatski and other
political prisoners. The ban signed by deputy head of the executive
committee Yauhen Tarasiuk referred to its own decision No. 138 of 9
February 2010 "On the order of public events in Biaroza
district." According to Yauhen Tarasiuk, the application failed
to specify the exact location. In addition, the application for a
picket did not have attached copies of agreements with the police,
community services and medical department. The authorities ignored
the fact that the organizers undertook the charges for the
maintenance of order and other services.
Maladechna human
rights defenders received a ban imposed by the executive committee on
holding a picket to protest against the imprisonment of Ales
Bialiatski and other political prisoners. The picket was banned,
because on the day the expected location of the picket (the central
square of the town) would reportedly be occupied by the rental of
children’s cars and trains. In addition, the head of the executive
committee Fiodar Damatsenka in his reply said that Ales Bialiatski
had been found guilty and sentenced in a criminal case, and the
"expression of public protest in the form of picketing in this
case is not provided by law."