Review-Chronicle of Human Rights Violations in March 2013
March was marked by the
activation of the diplomatic relations between the EU countries and
the Belarusian authorities, which was an important aspect for
understanding the perspectives of the development of the situation of
human rights, taking into consideration the strong dependence of this
sphere on the external policy factor. Despite the voiced statements
of the EU officials on the results of the contacts with the
Belarusian side, there were no changes in the main principal issue –
the release of political prisoners.
Among the positive steps on the
part of the Belarusian authorities noteworthy are the closing of the
criminal case on the defamation of president against journalist
Andrei Pachobut, as well as the refusal of the Financial
Investigations Department from bringing a criminal case against the
"Arche-Pachatak" magazine. Thus, the Belarusian side took
an intermediate position: it didn't undertake practical measures to
solve the main issue, stated by the EU as the precondition for
restoring full-scale relations with the official Minsk, but also
stopped the practice of further confrontation, marking its readiness
to refrain from the extension of the list of political prisoners.
The most optimistic statements concerning the perspective of
the release of the political prisoners were voiced by the Rapporteur
on Belarus of the European Parliament, Yustas Paletskis, who visited
Minsk on 18-21 March to gather materials for his report for the EU
Parliament. On the results of his visit Mr. Paletskis stated that he
had raised the problem of political prisoners at all meetings, first
of all with Belarusian officials. "At present, as far as I
understand, Minsk is no longer impetinent and unready to solve these
issues. To my mind, it is completely possible, but it is hard to tell
when and how it will happen." Commenting on the content of the
report, Yu. Paletskis noted the key problem in the relations of
Belarus with the EU: "The situation of the political prisoners
will be surely spoken about in the report. It is clear – as far as
there are political prisoners in Belarus and the authorities are
reluctant to solve these issues, the cooperation with the EU will be
accompanied with great obstacles and losses for the both sides."
The press-secretary of the Belarusian MFA Andrei Savinykh, in his
turn, stated that the Belarusian side expected Paletski's report to
foster the activation of the dialogue between Minsk and Brussels or
"will at least increase the mutual understanding",
specifying that "we are interested in the development of the
relations with the European Union on an equitable and transparent
basis."
The meaning of these MFA statements wasn't
explained, but if it is a continuation of the assertion of the
pragmatic position in the dialogue, it decreases the possibility of
positive changes, as far as the existence of political prisoners
still remains the main obstacle to the normalization of the relations
between the European Union and the official Minsk.
That this
position remains unchanged was confirmed by the Italian Ambassador
Arlod Abetti during his meeting with journalists on 22 March in
Minsk: "Not only the EU, but also the whole world is waiting for
the release of the Belarusian political prisoners." He also
noted that while continuing to insist on the release of political
prisoners, the EU was also looking for "other ways to improve
the situation which wasn't beneficial for anyone." The situation
of the relations of Belarus and the EU was discussed on 25 March,
during a meeting with the deputy head of the Belarusian MFA Alena
Kupchyna with the head of the EU mission to Belarus Maira Mora.
Though the Belarusian Foreign Ministry confined itself to a short
statement that "during the talk the sides exchanged their
thoughts about the situation and the perspectives of the development
of the relations between Belarus and the European Union", there
are reasons to believe that the issue of political prisoners was one
of the key ones in the talk. The situation of human rights and the
issues of the release and rehabilitation of political prisoners in
Belarus were also discussed during the Belarusian-Lithuanian
consultations between the MFAs on 28 March in Minsk.
In the
beginning of March the International Federation for Human Rights
(FIDH) and the Human Rights Center "Viasna" expressed their
deep concern with the fact that the political prisoners are still
kept behind bars and dissent at the massive and systemic cases of
pressurization and reprisals, to which they were subjected. In March
2013 11 political prisoners were kept in penitentiaries: I.
Alinevich, M. Autukhovich, A Bialiatski, Dz. Dashkevich, M. Dziadok
A. Frantskevich, E. Lobau, A. Prakapenka, P. Seviarynets, M.
Statkevich and Ya. Vaskovich; 2 people were serving terms of personal
restraint without being put in open penitentiaries (Dz. Miadzvedz and
S. Baranovich); 8 people were under conditional or deferred
imprisonment (A. Dzmitryieu, A. Fiaduta, I. Khalip, S. Martsaleu, U.
Niakliayeu, A. Pachobut, V. Rymasheuski and S. Vazniak); 3 people
remained in the status of accused on criminal cases (S. Basharymau,
A. Mikhalevich and A. Surapin); A. Haidukou, the charges against
whom can be politically motivated, was still kept in the KGB remand
prison; 3 former political prisoners were still under preventive
surveillance imposed by the court (V. Parfiankou, P. Vinahradau, U.
Yaromenak); prophylactic supervision was applied towards 25 people
who had been pardoned or released on parole. FIDH and "Viasna"
prepared an appropriate analytical note, which was passed to the
Special Rapporteur on Belarus at the UN Human Rights Council, the
European Commissioner on the Issues of the Extension and Neighborhood
Policy Stefan Fule, the appropriate topical instances of the UN, OSCE
and other international tools for the protection of human rights. The
International Federation for Human Rights (FIDH) and the Human Rights
Center "Viasna" demanded that the Belarusian authorities
stop the shameful repressive practice, release and rehabilitate all
unlawfully sentenced prisoners, review the cases with evident
political motivation and remove all restrictions of rights concerning
the already released victims of political repressions.
The
most important event not only for the Belarusian, but also for the
universal human rights community was the adoption on 21 March by the
UN Human Rights Council of an unprecedented
resolution with the aim to put an end to the financial smothering
of human rights NGOs. This resolution became a strong answer to the
ongoing tendency to curtail or even criminalize the activities of
human rights defenders by restricting their access to financing,
especially when it comes from foreign countries. The resolution,
passed by Norway in co-authorship with 62 other states, states that
"no law should criminalize or delegitimize activities in defene
of human rights on account of the origin of funding thereto”.
This resolution confirmed and strengthened the preliminary
conclusions of the human rights tools of the UN concerning the
incompatibility of restrictive and repressive techniques and laws
with the international legislation in the sphere of human rights.
This was shown by the recent decision
of the Working Group of the UN on Arbitrary Detentions concerning the
case of Ales Bialiatski, which confirmed that Belarus interfered
with the financing of the activities of human rights NGOs in
violation of its international undertakings, and urged Belarus to
immediately release A. Bialiatski, whose arrest was deemed as
arbitrary. Since then all appropriate mechanisms of the UN are to be
guided by this text for strengthening the protection of human rights
defenders who have become a target for the legislation and the
restrictions of their lawful activities in many countries.
Before
the resolution was adopted by the UN Human Rights Council, the
Observatory for the Protection of Human
Rights Defenders, a joint programme of the International Federation
for Human Rights (FIDH) and the World Organization against Torture
(OMCT) issued a comprehensive report on the restriction of the access
of human rights defenders to financing, which shows that the
governments tend to increasingly create obstacles to the access of
NGOs to financing, especially from the abroad. The states make use of
restrictive laws, defamation campaigns and court prosecution of human
rights defenders as ways to suppress any critique: among such states
there are Alger, Bangladesh, Bahrain,
Belarus, Egypt, Russia, Azerbaijan, Ethiopia, India and many others
in different parts of the world.
Political prisoners, criminal prosecution
of civil and political activists
On
1 March Valiantsina Alinevich, the mother of the political prisoner
Ihar Alinevich, stated that the administration of Navapolatsk
penitentiary #10 was delaying his mail correspondence. She said
that there had been some problems with the correspondence even
earlier and she didn't known why it happened so when
they were
writing to one another about general and neutral topics. In the
middle of March Alinevich's book "Going to Magadan" was
published, in which the author tells about the events in Belarus
since the end of 2010 in the form of a diary: about the judiciary
system, political prisoners and anarchist movement, his arrest and
imprisonment in the KGB jail.
On 6 March the wife of former
presidential candidate Andrei Sannikau Iryna Khalip, sentenced to 2
years of imprisonment with a 2-year determent for taking part in the
protest action in Minsk on 19 December 2010, flew to Warsaw. She
received a permission to temporary leave Belarus to visit her husband
and the editorial office of "Novaya Gazeta" in Russia, a
correspondent of which she was. The permission was issued to her on
13 February by the criminal-executive inspection of Partyzanski
District Police Department of Minsk where she was registered. I.
Khalip returned to Belarus on 3 April.
In the beginning of
March Amnesty International summed up the results of
the Marathon of letters to Ales Bialiatski which was held all over
the world. All in all, 104,731 actions were taken on the globe to
support the Belarusian human rights defender whom the organization
declared a prisoner of conscience. Participants of the global
campaign expressed their support to the imprisoned head of the Human
Rights Center "Viasna", vice-president of the International
Federation for Human Rights by various means – writing letters of
solidarity, signing petitions to Belarusian authorities and artistic
actions including live concerts and light projections. On 6 March the
presentation of Ales Bialiatski's book "Enlightened by the
Belarusian Issue", consisting of literary critique essays about
Belarusian writers, took place in Minsk. The author wanted to date
the book to his 50th anniversary, but it was published during the
time of his imprisonment. A part of the essays was written by Ales
already in prison. On 30 May the bailiffs started taking the earlier
attached items from the apartment of Ales Bialiatski. His wife
Natalllia Pinchuk stated that before this a bailiff also took out of
the apartment a TV set which had been attached yet before the
trial.
As it became known on 11 March, the investigation into
the case of Navapolatsk activist Andrei Haidukou charged with "high
treason by means of intelligence activities" was extended for
another month – up to 8 April. This was stated by his mother, Volha
Haidukova, who added that she didn't know any other details of the
case. The investigation has lasted for five months already. The only
positive change is that the council was finally given an unimpeded
access to Andrei Haidukou.
On 11 March political prisoner
Aliaksandr Frantskevich was transferred to the cell-type facility of
Ivatsevichy penitentiary #22 after serving 20 days in the penal cell.
The prisoner is to be released in September 2013. He has also been
deprived of food parcels and meetings until the end of the term and
can receive only small parcels. 4 people are kept in the cell-type
facility and walks are allowed for an hour a day.
On 13 March
Viyaleta Prakapenka, the mother of political prisoner Artsiom
Prakapenka, stated that the administration of Mahiliou colony advised
her son to write a pardon petition for Aliaksandr Lukashenka, but he
refused. A week after it, on 20 March, the relatives stated that
Artsiom had been put in a penal cell for 5 days an alleged violation
of the prison regime and deprived the 30-kilo food parcel. The boy
kept a hunger-strike of protest during the five days in the penal
cell (he is a vegetarian and eats only porridge among all prison
food).
On 15 March Pershamaiski District Court of Minsk
extended the preventive supervision over the former political
prisoner, "Young Front" activist Uladzimir Yaromenak for
six months, up to 15 September 2013. The preventive supervision over
U. Yaromenak was established on 15 March 2012. Since then the
activist has received two administrative penalties for alleged
violations of the public order. The decision was issued by Judge
Yarmolenkava with the participation of prosecutor Yermakova. On 20
March Pershamaiski District Court of Minsk repeatedly considered the
case of Uladzimir Yaromenak who on 24 January had been sentenced to
12 days of arrest for violation of the preventive supervision. Mr.
Yaromenak disagreed with the court ruling and appealed it at Minsk
City Court, which abolished the verdict and returned the case for the
second trial by another judge. During the repeated consideration,
Judge Hanna Paskevich added another violation of the public order to
the previous two and sentenced him to 15 days of arrest. As far as
Uladzimir Yaromenak had already served the 12-day arrest, he had to
serve just three days and was to have been released on 24 March.
However, instead of his release from the delinquents' isolation
center, police took him to Pershamaiski District Police Department of
Minsk, where he was kept until 3 p.m. which prevented him from taking
part in the Freedom Day rally.
On 15 March Hrodna Regional
Department of the Investigative Committee completed the investigation
into the criminal case of the journalist of the Polish edition
"Gazeta Wyborcza" Andrei Pachobut on charges of defamation
of President. "Due to the fact that the conclusions of the
linguistic expertises differ and no objective data confirming the
commitment of the crime by Pachobut had been found, there was issued
the ruling about the cessation of the preliminary investigation due
to the failure to prove the participation of the accused in
commitment of the crime". That's why the restraint towards
Pachobut in the form of a written undertaking not to leave the place
was lifted.
On 22 March political prisoner Eduard Lobau was
deprived of money in the penitentiary for alleged violations of the
regime. His mother, Maryna Lobava, noted that he had already been
punished in such a way for violations of the regime, and the term of
the penalty was coming to an end, but then the prison administration
recalled the violations which had allegedly taken place in the
beginning of the year. According to her, E. Lobau will be able to
receive only 100,000 rubles a month (10 Euros) during the next six
months. M. Lobava stated that Eduard was being denied the medical
treatment of his teeth for more than 1,5 years. The mother received
the agreement of the prison dentist to buying good plumbs (Eduard
needs two of them). At first the prison administration agreed to
accept the parcel, but then changed its mind.
On 28 March
political prisoner Mikalai Dziadok was visited by a counsel in
Mahiliou prison. As a result it became known that the prisoner had
served 6 days in the penal cell. The penitentiary administration
called no reasons for the penalty, confining itself to the statements
that Mikalai had allegedly moved in the cell and violated the public
order. According to the counsel, M. Dziadok doesn't complain about
his health.
On 27 March Siarhei Martsaleu, who is serving a
2-year prison sentence with the 2-year probation period for the
participation in the post-election protests of 19 December 2010, was
denied permission to go abroad for a course of medical treatment. S.
Martsaleu was judged together with Iryna Khalip, who was allowed to
travel abroad to meet her husband, that's why Siarhei also hoped to
receive a permission for it. There are three reasons for which
convicts on probation can be allowed to leave abroad: the death of a
close relative abroad, the participation in a trial in another state
and the state of health. Mr. Martsaleu attached medical documents to
his application. However, in the answer of the penal inspection it
was stated that Minsk polyclinic #9 saw no reasons for his medical
treatment abroad.
Death Penalty
On 13 March,
the anniversary of the execution of Dzmitry Kanavalau and Uladzislau
Kavaliou, punished with death on charges in committing a terrorist
act in Minsk metro in 2011, a press-conference with the participation
of Uladzislau Kavaliou and human rights defenders was held. Liubou
Kavaliova stated that she had finally received an answer to her
review appeal to the Supreme Court, filed back in September 2012. The
answer, signed by the head of the Supreme Court, was eventually found
at the of Leninski District Bar Association of Minsk, where her
lawyer works. At it turned out, the answer was given in November
2012. "The Supreme Court, on behalf of its chairman Sukala found
no violations of the norms of the Criminal-Process Code in the case
of Uladzislau Kavaliou," reads the answer. Human rights defender
Raman Kisliak pointed that it was important to find out which
institution implemented the death verdict to Kanavalau and Kavaliou:
it can be either remand prison #1 of the Ministry of Internal Affairs
where death convicts are usually kept, or the remand prison of the
KGB where Kavaliou was kept. "It is necessary to establish which
agency executed the verdict in order to understand what further
actions should be taken, from whom further answers are to be
required," said R. Kisliak. According to him, the next action
will be the demand to disclose the place of burial of U. Kavaliou. R.
Kisliak also stated that human rights defenders intend to demand the
elimination of the legal norm according to which the bodies of the
executed convicts aren't issued to their relatives: according to the
decision of the UN Human Rights Committee the concealment of such
information from relatives is considered as "inhumane
treatment".
Enforced disappearances
On
16 March an event dedicated to the memory of the missing politicians
and journalists Yury Zakharanka, Dzmitry Zavadski, Viktar Hanchar,
Anatol Krasouski and Henadz Karpenka who died in strange
circumstances was held. Signing of a petition to the General
Prosecutor's Office, composed by human rights defender Hary
Pahaniaila and demanding an investigation into these cases started
there.
Persecution of human
rights defenders and human rights organizations
As
it became known on 4 March, a criminal case can be brought against
the head of the human rights institution "Platform" Andrei
Bandarenka for "libel against police officers" in
connection with the publication of the information about the torture
of Bahdan and Ivan Shkurko by policemen of Lida District Police
Department. On 4 March Andrei Bandarenka learned that he was wanted
by the police in the city of Kirausk where he was officially
registered. Meanwhile, he received no official notices, the police
phoned to his father and insistently asked to tell the son that he
was awaited in the district police department. When A. Bandarenka
didn't appear at the DPD, the police forwarded his case to Lida.
On
14 March Baranavichy human rights defender Siarhei Housha was mailed
the ruling of the head of the Supreme Court V. Sukala, which
abolished the ruling of Brest Regional Court of 4 October 2012
concerning the refusal to consider the cassation appeal of Mr. Housha
due to the alleged expiry of the terms of consideration. The ruling
of the head of the Supreme Court prescribes to direct Housha's appeal
to the regional court for consideration by another judge. The case
concerns the administrative prosecution of the human rights defender
during the parliamentary elections, when Mr. Housha was charged with
using obscene language and punished with a fine of 1.5 million rubles
after revealing the rigging of an election protocol by the election
commission of Baranavichy-Western election constituency #5, where he
was registered as an observer. S. Housha appealed the court verdict
at Brest Region Court and
the same time applied for being freed from paying the state fee. The
court decided not to consider the application for the exemption
from the state fee and simply returned the human rights activists all
materials and refused to consider the case due to the failure to pay
the fee and later – due to the expiry of the time limits of
appealing. Brest Regional Court refused to consider the case on its
merits and didn't grant Housha's petition for the resumption of the
appeal term. On 17 March Siarhei Housha received a writ from Brest
Regional Court with the information that the hearing was appointed on
21 March. The court turned the cassation appeal down.
On 21
March the wife of Homel human rights defender
Leanid Sudalenka received an official inquiry from Savetski District
Inspection on Dues and Taxes of Homel whether she had lent any money
to her husband. The tax inspection has been holding various check-up
concerning the human rights defender and his family for several
months already, including the son who is serving in the army. The
couple answered that the people who are married and run a common
household don't lend money to each other. What concerns the son, the
tax inspectors argued that his expenses exceed his income (the tax
inspectors counted as expenses the tickets to Poland where the boy
studied). In his answer to the tax inspection concerning the son's
expenditures Leanid Sudalenka stated that it was impossible to
provide the necessary documents as the son was in the army. He
reminded the tax inspection that during the period for which the tax
inspectors demanded to report about the income and assets his son
wasn't a tax resident of the Republic of Belarus.
On 25 March
Biaroza journalists and human rights defender Tamara Shchapiotkina
hanged out a white-red-white flag on her balcony, which attracted the
attention of the police. Police inspector Siarhei Nestsiarovich came
to her apartment and demanded that she remove the flag, warning that
she could receive a summons to the police.
On 27 March Hrodna
human rights defenders Viktar Sazonau, Raman Yurhel and Uladzimir
Khilmanovich received an answer to their complaint from the head of
Hrodna Regional Court. The human rights defenders appealed the
verdict of Leninski District Court of Hrodna which had fined each of
them 1.5 million rubles for a photo of solidarity with human rights
defender Ales Bialiatski on the Internet, and the ruling of Hrodna
Regional Court concerning the results of the consideration of their
appeal. The head of the regional court Aliaksandr Hrynkevich upheld
the position of the court, stating that photographing of human rights
defenders on the International Day of Human Rights and placing the
photo on the Internet was an unauthorized public event for which they
were rightfully punished.
Torture
and other kinds of cruel and inhumane treatment
On 5 March a criminal case was brought against five officers
of Lida District Police Department under Article
426, part 3 of the Criminal Code (abuse of authority or official
powers, committed by a responsible official, or which ensued grave
consequences, or intentional
commitment by a duty official of the actions which evidently exceed
the limits of the rights and powers provided by the duty position,
accompanied with violence, suffering or insult of the victim or the
use of arms or police gear). The ruling about the
bringing of the criminal case was issued by the head of Lida District
Department of the Investigative Committee, Aliaksandr Urbanovich,
after the information about the unlawful actions of the police
towards Lida residents Ivan and Bahdan Shkurkos had been published by
the human rights institution "Platform". The incident took
place on 18 November 2012 and the information about it was published
at the "Platform" website on 19 February.
On 17
March an incident took place in Dziarzhynsk, about which the press
service of the Police Department of Minsk Regional Executive
Committee wrote that two hooligans had violently beaten a police
patrol. As it followed from the information, two youngsters, Siarhei
Khachaturan and Vital Hanchar, started provoking the police officers
on duty late in the evening in the streets of Dziarzhynsk. In
response, the police officers used police gear and guarded them to
the police department. Human rights defenders of the "Platform"
found a witness, Andrei Kalatsei, who told a different story. He was
detained by the police outdoors in the evening. When S. Khachaturan
and V. Hanchar were being detained and loaded in the police car, he
was already there. Then he became a witness of the beating of Siarhei
Khachaturan at the police station. Later there were found some other
witnesses who were together with the guys. The head of Dziarzhynsk
District Police Department Sviataslau Darashevich stated that none of
the participants of the incident had been hospitalized – neither
Siarhei Khachaturan, nor Vital Hanchar, the investigation into this
fact was held by the Investigative Committee and a criminal case was
brought against these people for resistance to the police. However,
human rights defenders discovered that Siarhei Khachaturan was
hospitalized with a brain concussion. The same diagnosis was given to
Vilta Hanchar who lost the consciousness several times, being hit in
the head with police batons.
Pressurization
of civic and political activists by security services
At
about 10.30 a.m. near the building of Klimavichy District Executive
Committee, "Tell The Truth" activist Aliaksandr Balobin was
detained by two unidentified persons who introduced themselves as KGB
officers. They put him in a car and drove to another city – to
Krychau Inter-district KGB Department for a "talk". There
he was taken to the office of the head of the KGB department Illia
Krautsou, who charged him with a violation of Article 193.1 of the
Criminal Code, "activities on behalf of an unregistered
organization" and showed many photos and other materials which
allegedly proved it. I. Krautsou proposed the activist to collaborate
and "consult KGB officers on certain issues", from which
the latter refused. A. Balobin was warned that the information about
the meeting with the KGB officers mustn't be publicized, threatening
with a great trouble otherwise. After composing the
minutes of questioning the
KGB officers let Aliaksandr
Balobin go.
However, he had to get back home, to the village of Paulavichy in
Klimavichy district at his own expense. At present the military
enlistment office is trying to draft 23-year-old Aliaksandr Balobin
into the army though during the previous years the medical commission
twice found him unfit for army service due to a skin illness. On 28
March the activist was summonsed for a medical examination.
Administrative prosecution of civil and
political activists, arbitrary detentions
On
2 March Hrodna members of the Belarusian Christian Democracy tried to
hold a picket in support of the small trans-border movement with the
neighbor countries. The picket organizer Halina Kotava mistakingly
understood that the picket was authorized in Rumlyouski Park. When
the action was about to begin, there appeared people in mufti who
started videoing the present people. They didn't say that the picket
hadn't been authorized. When it was found out, the BCD members
dispersed, that's why the picket factually wasn't carried out.
However, later Halina Kotava was presented administrative charges. On
18 March Judge of Kastrychnitski District Court of Hrodna Zinaida
Bartsevich fined her 2.5 million rubles.
On 5
March Judge of Minsk City Court Aliaksei Bychko left standing the
ruling of Judge of Frunzenski District Court of Minsk Liudmila Lapo,
who on 21 February had sentenced sculptor Henadz Loika to 5 days of
arrest for an action in support of the mother tongue. The artist
called the trial politically motivated and emphasized that he would
continue struggling against the discriminatory Russification of the
national educational system and outrageous actions of the judges who
refused to hold the trial in Belarusian, a state language.
On
5 March Slutsk activist Vital Amialkovich received a ruling about
dropping of the administrative case against him, issued on 28
February by the administrative commission at Slutsk District
Executive Committee. The activist was charged with posting leaflets
at a lamp-post near a shop. The commission had twice found the
activist guilty of violating the urban maintenance rules, adopted by
a ruling of Slutsk District Executive Committee. Vital Amialkovich
didn't agree to it and appealed the ruling at Slutsk District Court.
As a result, the case was dropped due to the impossibility to prove
his guilty. Thus, it took Vital Amialkovich seven months to prove his
innocence.
On 8 March an activist of the "European
Belarus" Valiantsina Tsiurava was detained at Kamarouski market
in Minsk for holding a one-person picket, holding a poster 'Where's
my holiday? Where's my freedom?" In such a way she tried to draw
the public attention to problems of the Belarusian women. Valiantsina
Tsiurava was tried on 11 March. Judge of Savetski District Court of
Minsk Dzmitry Pauliuchenka found her guilty of holding an
unauthorized picket and sentenced her to three days of arrest, which
she had already served in the detention center awaiting the trial.
Thus, the activist was released from the custody right in the court
room.
On 12 March in Hrodna police officers detained a member
of the Belarusian Christian Democracy Siarhei Verameyenka who was
going to the party office with a bag of leaflets. At the entrance he
was stopped by two people in mufti who introduced themselves as
policemen. S. Verameyenka was detained in front of the eyes of fellow
party members and guarded to the police station. In his bag there
were leaflets in support of political prisoners. BCD members intended
to distribute them within the framework of the solidarity campaign
"Write a letter to a political prisoner".
On 18
March in Brest three members of the organizing committee of the
Belarusian Christian Democracy party, Ulad Barouski, Yauhen
Khaziakhmetau and Andrei Sharenda were detained during an action of
the campaign "Wave of Solidarity", launched by the BCD,
while hanging out white-red-white flags. On 22 March Maskouski
District Court of Brest fined A. Sharenda 2.5 million rubles and Ya.
Khaziakhmetau – 1 million. The case against 17-year-old Barouski
was passed to the commission on affairs of minors at Maskouski
District Executive Committee of Brest.
In the morning of 23
March at a bus stop in Talachyn an activist of "Our House"
("Nash Dom") campaign Raman Zabela was detained by the
police. The detention was conducted by police major Karota. The
formal reason for the detention was that Mr. Zabela allegedly looked
similar to a man who was suspected in committing a crime. This could
be a preventive detention on the eve of the celebration of the 95th
anniversary of Belarusian People's Republic with the aim to prevent
him from taking part in the officially authorized mass event in
Minsk.
On 24 March, after the end of the authorized
procession and rally on the occasion of the Freedom Day in Minsk, the
police detained the leader of "Young Democrats" Dzmitry
Kavalhin and an activist of the United Civil Party Stanislau
Ramanovich. During the detention one of the police officers hit Mr.
Kavalhin in the head several times. The both activists were searched.
The police confiscated from them a large white-red-white flag they
were carrying at the head of the column and 2 smaller flags, after
which they were released. 9 detained participants of the action,
including three citizens of the Ukraine were taken to Savetski
District Police Department of Minsk. All detainees were charged with
insubordination to lawful demands of the police. All detainees were
kept behind bars until the trials. On 25 March Judge of Savetski
District Court of Minsk Dzmitry Pauliuchenka issued a warning to the
under-aged citizen of the Ukraine Nazar Zelinkovskyj. Two other
citizens of the Ukraine, Yuliya Hryshchuk and Yuliya Slivinskaya were
punished with 1 day of arrest. The "European Belarus"
activist Aliaksandr Kavaliou was fined 4 million rubles, Anton
Tsimokhau – 2.5 million rubles. Vital Stanisheuski was sentenced to
5 days of arrest, Siarhei Mokich was fined 3.5 million rubles, Aleh
Astashonak was fined 4 million rubles, "European Belarus"
activist Aleh Rahouski was sentenced to a fine of 3 million
rubles.
On 25 March in Vitsebsk there was held a closed trial
of activists of the Belarusian Popular Front Party Kastus Smolikau
and Leanid Autukhou, detained on 22 March in the shopping center
"Evicom" while handing out the samizdat magazine
"Magistrate" with information about the planned event on
the occasion of the Freedom Day. The sentence was delivered by Judge
of the Kastrychnitski District Court of Vitsebsk Ina Hrabouskaya
after the end of the working hours, about 9 p.m.: she ruled that the
both activists were to be sentenced to 5 days of arrest on charges of
violating the legislation on mass events. An adherent of the creation
of the Belarusian Christian Democracy Party Alena Shabunia and a
coordinator of its organizing committee Tatsiana Seviarynets were
detained on the way to the trial. They were driving by the car of
Aliaksandr Kuzniatsou, the head of the city branch of the BPF Party.
The car was detained by the road police and the driver was fined
300,000 rubles for a violation of the traffic rules. However, the
passengers weren't let go, but were made to wait for about two hours.
Two more activists, Stanislau Laurenau and Aliaksei Kishchuk, were
detained on the way to the trial: the police stated that they "looked
similar to the thieves who had stolen a bottle of vodka". Thus,
Kishchuk and Laurenau got to Kastryhnitski District Court at the end
of the trial.
At about 8.30 p.m. in Vitsebk political prisoner
Siarhei Kavalenka was detained on charges of crossing a road in the
wrong place. He spent the night in a detention center. Two violation
reports were drawn up on him – for crossing the street in the wrong
place and for disorderly conduct. On 26 January Judge of Pershamaiski
District Court N. Karablina granted Kavalenka's petition for
admitting his counsel to the trial and released him from custody,
having issued him with a writ for the next hearing. On 29 March Judge
Valiantsina Kismiaroshkina fined Siarhei Kavalenka 1 million rubles,
declaring him guilty of disorderly conduct.
On 27 March
Belarusian LGBT activist Siarhei Androsenka was set down the train
Vilnius-Minsk at Hudahai border crossing point while returning from
Vilnius. At first 2 customs officers and a person in plain clothes
searched his belongings, including his backpack, laptop and the
magazine "Sexus", issued by "BelHazeta". In an
hour the head of Ashmiany customs office Niviarkevich ordered to
conduct a personal examination of Mr. Androsenka. After that the
activist was issued with the copies of the search reports, returned
his passport and let go. However, at the exit of the customs office
Siarhei Androsenka was met by another officer, who told him to
proceed with him to another building for solving a "technical
issue". As a result, Androsenka's passport was confiscated again
under the pretext that it was found in the database of invalid
documents.
On 29 March Navabelitski District Court of Homel
considered the violation reports drawn up by the police on the deputy
head of the United Civil Party Vasil Paliakou and civic activist
Uladzimir Shytsikau. In the morning of 29 March they were summonsed
to Navabelitski District Police Department, where the police,
directed by the head of the public order department Henadz Khilkevich
composed a report about a violation of Article 23.34 of the Code of
Administrative Offenses (unauthorized rally) and took Paliakou and
Shytsikau to court. The trial lasted for 15 minutes, the opposition
activists were found guilty of taking part in an unauthorized rally
and fined 2 million rubles each. The police regarded as an
unauthorized rally laying down flowers in Dzimitrau Street in Homel
where an activist of the Belarusian Peoples Republic Paluta Badunova
used to live. Each year Homel oppositionists hold such action on 25
March, the Freedom Day, in order to honor the memory of the prominent
compatriot.
Restrictions of
freedom of word and the right to distribute information, harassment
of journalists
On 7 March the shop of Bialynichy
entrepreneur and members of the Belarusian Popular Front Party
Mikalai Miatselitsa was visited by an officer of Bialynichy District
Police Department who paid interest to the independent press sold
there. He insistently recommended that Mikalai Miatselitsa stop
selling the small-circulation democratic press in his shop,
threatening with troubles in business otherwise. Mikalai reacted
calmly, saying he wasn't violating any Belarusian laws, the
small-circulation newspapers "Rehiyon", "Pakhodnia"
and "Mahliouski Vybar" were issued in line with the Law "On
Mass Media" and those who wanted could take them in the shop
without any restrictions.
On 14 March "Arche"
magazine received the third registration denial. According to the
acting head of the magazine, Ales Pashkevich, this time the officials
explained the refusal with the absence of some telephone number in
the registration documents. On 22 March it became known that
law-enforcement agencies refused from bringing a criminal case
against "Arche". This was found out by the counsel who
applied to the State Control Committee in connection with the end of
another term of checking the magazine's activities. On 25 March the
Financial Investigations Department unblocked the bank account of the
editorial board. However, the FID didn't issue a written confirmation
concerning the refusal from bringing a criminal case.
On 11
March police inspector Siarhei Karytkin charged the former deputy of
Bialynichy District Council, dweller of the village of Lebiadzianka
with committing a disorderly conduct during the visit of the shooting
crew of the TV channel "BelSat" to the "Lebiadzianka"
farm on 28 February 2013. Then arrived the head of the farm accused
the journalists of industrial espionage and demanded that they
urgently leave the territory. On 22 March police inspector Siarhei
Karytkin paid a visit to Bialynichy journalist Barys Vyrvich. He
inquired how the democratic newspaper "Mahiliouski Vybar"
was issued and distributed. According to Siarhei Karytkin, this was
necessary for an objective consideration of the report of
administrative violation, drawn up on the former deputy of Bialynichy
District Council Valery Vusik. The local police inspector also asked
whether Valery Vusik was a member of the Belarusian Popular Front
party. Then the policeman started asking where and how the newspaper
"Mahiliouski Vybar" was published and where its editorial
office was located. On 29 March Bialynichy District Court punished
Valery Vusik with a fine of 5 million rubles for allegedly slandering
the head of the "Lebiadzianka" farm Piotr Bialou and the
distribution of the independent newspaper "Mahiliouski
Vybar".
On 15 March the presentation of Siarhei Chyhryn's
book "By local core paths of Zelva area" was to have taken
place at the district library of Zelva. However, on 13 March the
author received a telephone call from the head of Zeva district
library system Sviatlana Zhamoitsina, who told him that the
presentation was canceled as the names of Larysa and Yanka Heniyush
and the president of the Belarusian People's Republic Vasil Zakharka
were mentioned many times in the book, it was written that the bells
for the Khatyn monument were made out of the bell tower of Synkavichy
church and many other things unpleasant for the present authorities
and not correspondent to the modern life.
On 18 March all
workers of Slonim District Hospital were forced to give 4,000 rubles
for the subscription to the district newspaper "Slonimski
Vesnik" for the second quarter. They were also forced to
subscribe to the newspaper last year. At that time the chief
physician of Slohim hospital Yury Piatselski personally ordered all
heads of hospital departments to subscribe to the newspaper. The same
oral order has been received from him this month. At the same time,
it is impossible to subscribe to the independent "Hazeta
Slonimskaya" as it still hasn't been included in the
subscription catalog of the Belarusian post.
On 19 March the
correspondent of Radio "Liberty" Mikhail Karnevich wasn't
admitted to the construction site of Astravets Nuclear Power Plant,
allegedly due to the absence of a necessary paper from the Ministry
of Energetics. Before this, Mr. Karnevich had filed all necessary
documents to the NPP administration and had received a permission.
However, when he came to Astravets, he was told he couldn't visit the
construction site.
On 24 March, during the celebration of the
Freedom Day, cameraman of "Nasha Niva" newspaper Tatsiana
Haurylchyk was detained in the pedestrian underground crossing of the
metro station "Akademiya Navuk" ("Academy of
Sciences") while making shots of police officers who disliked
it. The policemen took away her journalist ID and took her to the
police station at the metro station, from which she was released in
several hours.
On 26 March the TV channel "BelSat"
was again denied accreditation. The Belarusian MFA explained it by
reference to repeated violations of the law by the journalists who
collaborated with the channel. The MFA decision was passed to the
official representative of the channel in Belarus, Mikhail
Yanchuk.
Restriction of freedom of peaceful
assemblies
On
7 March the head of the regional BPF branch Leanid Autukhou filed an
application to Chyhunachny District Executive Committee of Vitsebsk
in order to hold a rally at Vitsebsk stadium "Locomotive"
on 25 March. The head of the regional branch of the movement "For
Freedom" Khrystafor Zhaliapau proposed to organize the rally on
25 March, but at 30-hoddzia VLKSM Park. The both places are city
parks which were determined as suitable for mass events by the local
administrations. Another condition for receiving a permission is the
conclusion of service agreements with the central city polyclinic,
the regional police department and the public utilities. However, the
aforementioned institutions used various pretexts to avoid concluding
such agreements with opposition activists. The medics stated that all
ambulance brigades were busy due to a peak of seasonal illnesses. The
police answered that the agreement will be concluded only if the
event was authorized by the district administration.
On
7 March a member of the Conservative-Christian Party "Belarusian
Popular Front" Yan Dziarzhautsau received a ban on holding a
rally in honor of the 150th anniversary of the anti-Russian uprising.
The activist intended to hold the rally on 10 March and asked applied
for permission to the city executive committee, as far as the route
of the event lied on the territory of three districts of the city.
The written refusal is dated 4 March, but the post seal has another
date – 6 March. At the same time, the law obliges the authorities
to inform the applicants about their decision at least 5 days before
the planned events. The organizer didn't manage to conclude service
agreements with medics and the police. Chief medic of Vitsebsk city
central polyclinic S. Tsitovich banned the event referring to the
seasonal rise in illnesses and a great load on the ambulance. The
deputy head of the public security of the Main Police Department of
Vitsebsk Regional Executive Committee I. Skarynovich stated that in
his opinion the route of the procession didn't correspond to the Law
"On Mass Events" and explained his refusal to conclude the
service agreement by it.
On 14 March Klimavichy activists of
"Tell the Truth" received a refusal from the local district
executive committee to their application for holding a picket on 25
March, dated to the Freedom Day. The reason for the refusal was that
according to the officials "the application cannot be considered
as it doesn't correspond to Article 5 of the Law "On Mass
Events" of 30 December 1997.
On 19 March Slonim activists
received a refusal from the district executive committee to their
application for holding on 23 March a rally dedicated to the Freedom
Day. The deputy head of Slonim District Executive Committee Mikalai
Shykh stated that the applicants allegedly hadn't mentioned in which
of the city parks their event would be held, in Opernaya Street in
the city center or in Parkavaya street (in the suburb of Albiartsin).
This answer was quite surprising for the applicants, as far as there
are no parks in Slonim: there is the quay of Ahinski channel in
Opernaya Street and a public garden near Puslouskiya's palace in
Albiartsin. Nevertheless, the rally was banned.
On 20 March
civic activist Viktar Syrytsa received a refusal to authorize the 25
March picket, dedicated to the 95th anniversary of the Belarusian
People's Republic, signed by the deputy head of Baranavichy City
Executive Committee Dz. Kastsiukevich. The applicant concluded
service agreements with the medics and the public utilities, but the
officer of Baranavichy City Police Department major Pavel Kulhavik
refused to conclude with him a service agreement, as demanded by the
law and a ruling of the city executive committee. V. Syrytsa paid two
personal visits to the police and also had one telephone talk with
them, but without any results. Thus, the Freedom Day event was banned
by the city executive committee.
On 21 March Salihorsk
District Executive Committee banned the picket dated to the 95th
anniversary of the declaration of Belarusian People's Republic. The
application for the action was filed by the local civic activist
Uladzimir Shyla. It was intended to hold the picket at the "Budaunik"
stadium, the only place determined for such actions by the city
authorities. The acting head of Salihorsk City Executive Committee
Valery Shamruk explained the ban by stating that the measures to
protect the public order and security, stated by the organizer,
didn't correspond to the Law "On Mass Events".
On 22
March the coordinator of the civil initiative "Stop Drinking –
Start Living!" Zmitser Karashkou filed an appeal with Tsentralny
District Court of Homel against the refusal of Homel City Executive
Committee to authorize a picket against the alcoholization of the
population. The reason for the ban is usual for all applicants for
such events during the last four years: the applicant failed to
conclude service agreements with the police, ambulance and public
utilities. In his appeal to the court the activist asked to declare
the decision of the executive committee unlawful and abolish the
provisions which restrict the legal rights of citizens; and also find
unlawful the decision of the executive committee to put a ban on the
picket.
On 27 March the former head of Homel City Executive
Committee Sviatlana Haldadze filed an appeal to the UN Human Rights
Committee against the ban on the picket she intended to hold on 4
August 2012 together with human rights defenders Anatol Paplauny and
Leanid Sudalenka in order to support the imprisoned human rights
defender Ales Bialiatski. The district court where the ban was
appealed, sided with the city executive committee and the regional
court confirmed the ruling of the district one. Thus, the internal
remedies were depleted. Sviatlana Haldadze asks the Committee to
establish the fact of violation of freedom of peaceful assemblies on
the part of the state and recommend to the Belarusian government to
put the Law "On Mass Events" and the decision of the local
authorities about the order of holding mass events in line with the
international undertakings.
Restriction of freedom of association
On
26 March the preliminary hearings concerning the refusal of the
Ministry of Justice to issue the state registration to the civic
association "Young Christian Democrats". The trial was
appointed on 9 April. The Ministry of Justice refused to register
the organization referring to three points. First of all, the
ministry believes that the list of the organization founders doesn't
correspond to reality as the places of their employment are
incorrect. Secondly, the ministry states that the founders haven't
provided additional materials which are related to the assembly, in
particular – the rent agreement with the owner of the premises and
the registration list of its participants. The founders of the
organization considered such demand to be unlawful and therefore
decided not to implement it. Thirdly, the Ministry of Justice
believes that the founders filled the registration documents with
violations of the rules of orthography and punctuations concerning
the use of capital letters and quotation marks.