Review-Chronicle of Human Rights Violations in Belarus in April 2013
In
April, the human rights situation in Belarus remained consistently
poor with a clear tendency to deteriorate. 11 political prisoners
(Ihar Alinevich, Mikalai Autukhovich, Ales Bialiatski, Dzmitry
Dashkevich, Mikalai Dziadok, Aliaksandr Frantskevich, Eduard Lobau,
Artsiom Prakapenka, Pavel Seviaryents, Mikalai Statkevich and Yauhen
Vaskovich) were still kept in jail; 2 persons continued to serve
their terms of personal restraint (Sviataslau Baranovich and Dzmitry
Miadzvedz); 8 more still had suspended or conditional prison terms
(Andrei Dzmitryieu, Aliaksandr Fiaduta, Iryna Khalip, Siarhei
Martsaleu, Uladzimir Niakliayeu, Andrei Pachobut, Vital Rymasheuski,
Siarhei Vazniak) yatoslav Baranovitch). 3 persons remained in the
status of defendants in politically motivated cases – Siarhei
Basharymau, Ales Mikhalevich and Anton Surapin. Andrei Haidukou, the
charges against whom can be politically motivated, continued being
kept in the remand prison of the KGB. Preventive supervision was used
as a means of control and pressurization towards 3 former political
prisoners (Vasil Parfiankou, Pavel Vinahradau and Uladzimir
Yaromenak) and 25 persons who wer pardoned and released on parole
were still under prophylactic supervision.
A dangerous trend
in April was that KGB and the prosecutors' offices issued warnings to
social and political activists about the possible criminal punishment
for activities on behalf of unregistered organizations. During the
month, such warnings were received by human rights activist Tamara
Siarhei (Minsk), BCD activist Aleh Aksionau (Mahiliou) and an
activist of the civil campaign "Tell the Truth" Aliaksandr
Kuzmin (Belaaziorsk). Following these warnings, criminal cases under
Article 193.1, which envisages up to two years of imprisonment, can
be instigated against the activists.
Arbitrary detentions and
arrests of social and political activists and journalists continued,
freedom of assemblies and expression was considerably restricted. All
peaceful assemblies were banned except for the "Chernobyl Way"
rally held in Minsk on 26 April and May Day rally in Brest on 1 May.
Belarusian MFA for the third time refused to accredit the independent
television channel "BelSat", which continued the practice
of unfavorable working conditions for journalists. A dangerous
tendency with possible long-term consequences was started by
recognition of the photo album "Press Photo 2011" as
extremist on apparently frivolous and absurd grounds. Dismissals of
activists of independent trade unions and the practice of closing
public organizations continued.
Due to the lack of effective
mechanisms to influence the situation with human rights and freedoms
in the country and given the high dependence of this sphere on the
foreign policy factor much attention was paid to the relations of the
official Minsk with the Western countries, especially the European
Union and the United States. During the month, representatives of the
Belarusian Foreign Ministry showed increasing contacts with European
diplomats and politicians.
On 1 April, Foreign Minister of
Belarus Uladzimir Makei said in an interview to "RIA Novosti"
and BelTA that Belarus was ready to dialogue with the EU, but without
any pressure and sanctions. On 9 April Uladzimir Makei discussed the
issues of interaction between Belarus and the EU, including the
context of the forthcoming presidency of Lithuania in the European
Union, with the Ambassador Extraordinary and Plenipotentiary of the
Republic of Lithuania in Minsk Evaldas Ignatavicius. On 10 April in
Vitsebsk U. Makei held talks with Foreign Minister of Latvia Edgars
Rynkevichs, on the results of which he stated that "the
relations between Belarus and the EU are not at an impasse" and
"There is a clear understanding that we must always find a
sequence of actions that will allow us gradually move in the possible
directions, solving fundamental issues." It is impossible to
settle all disputes between Belarus and the European Union overnight,
but the dialogue is very important – this is the view expressed by
Edgars Rynkevichs. "Here we have so many more questions that
need to be worked at. This is the vision of the EU on certain aspects
of democratic rights and freedoms, but it is very important that we
move on to a discussion of these issues, to dialogue, and I think
there are some issues that will be promoted in a positive way. We
will continue these negotiations", he said.
On 11 April,
during her visit to Brussels, Deputy Foreign Minister of Belarus
Alena Kupchyna had a number of meetings, including with the member of
the European Commission for Enlargement and European Neighborhood
Policy Štefan
Füle
and the director of the EEAS on Russia, "Eastern Partnership"
Regional Cooperation and the OSCE, Gunnar Wiegand.
On 26 April
Uladzimir Makei had an audience with the Charge d'Affaires of the US
in the Republic of Belarus, Ethan Goldrich. During the meeting, Mr.
Godlrich passed Mr. Makei a message of the U.S. Secretary of State
John Kerry, outlining the prospects of the Belarusian-American
relations.
The extraordinary activation of contacts between
the EU and the U.S. with the Belarusian authorities, the contents of
which remained closed to the public, raised an issue regarding the
possible change positions and strategies of the Western democracies.
First of all, there is the question whether they refuse from or they
refuse from their earlier position of principle, which is to restore
relations with the official Minsk only after the release of political
prisoners. This issue became particularly acute after the conference
"Dialogue on the modernization of the Belarusian society"
on 9 April in Brussels, at which representatives of the European
Parliament supported the need for dialogue with the Belarusian
authorities. As a result, on 11 April Peter Stana, press-secretary of
Štefan
Füle,
had to explain that the release of all political prisoners in Belarus
remained the sine qua non of Brussels returning to normal relations
with Belarus, and the conference was not a serious turning point in
the relationship.
Intensification of the relations between the
EU and the U.S. with the Belarusian authorities gave some hope to the
possibility of achieving positive agreements in release of political
prisoners. However, there were no real signs of improvement in this
direction during the month. The effectiveness of diplomatic measures
was put to doubt after Lukashenka's speech on April 26, when he said:
"I can definitely say that Europeans and enlightened
representatives of our fifth column have clearly understood that the
sanctions regime and the ultimatum are not only counterproductive,
but also harmful for the European Union itself." According to
him, today there is a question: "How to get out of the impasse
in which we got with Europeans not through our fault". "They
start: there are political prisoners. I say it again: we don't judge
anyone for politics, we have no political articles. They are plain
criminals. I have already said how to get out of this situation and
there won't be any retreat. Those who want to be in jail and get out
as heroes – God be with you, stay there," he said. Thus, A.
Lukashenka factually stated that the Belarusian authorities did not
intend to compromise on the most fundamental issues for the EU, which
casts doubt on the possibility of resuming full-fledged dialogue
between Belarus and the EU.
Political
prisoners, criminal prosecution of activists
On
3 April 3 Navapolatsk member of the organizing committee of the
Belarusian Christian Democracy Illia Bahdanau stated that at the end
of March he had been transferred from the status of an accused to the
status of a witness in the case of "high treason" after an
appropriate petition of his counsel. Bear in mind that at first he
was a witness in the case, but during an interrogation at the end of
2012 investigator Aleh Barysevich said that he was transferred to the
status of an accused. At present the only accused in the case is
23-year-old operator of the "Naftan" enterprise Andrei
Haidukou. On 8 April his term in custody was extended for another
month. No details are known about the investigation which has lasted
for six months already. On 29 April it became known that Haidukou's
case would be soon passed to court.
On 4 April it became
known from a letter of political prisoner Yauhen Vaskovich to his
grandmother Tamara that he started receiving letters. In particular,
he received many letters of support and congratulations of the
Freedom Day. He also received a food parcel from relatives, whose
fate had remained unknown for a long time. Yauhen also explained the
reasons for refusing from advocatory services. He said that no
counsel would be able to help him and there is no use wasting money
on finding about his health if he could write about it in his
letters.
On 6 it became known that political prisoner
Aliaksandr Frantskevich had been transferred to a cell-type facility
more than a month ago. He started writing and sent two stories to
Aliaksandr Fiaduta. One of them is philosophical and the other is
fiction.
On 6 April Eduard Lobau allowed to meet with a
priest. It happened after the intervention of the Apostolic Nuncio
Archbishop Claudio Gugerotti. The procedure of confession was watched
by several officers of Ivatssevichy penitentiary, that's why it was
held almost in silence.
On 13 April the mother of political
prisoner Ihar Alinevich reported that she had stopped receiving
letters from him after the release of his autobiographical book "I'm
Going to Magadan" about the detention in the remand prison of
the KGB in Valadarski Street. Nevertheless, the book was released on
Ihar's own wish. Its presentation was held in Minsk on 19 April. On
22 April it became known that Ihar had spent 20 days in a punishment
cell. On 26 April the prisoner was visited by his counsel. As a
result the reasons for the punishment became known: Ihar Alinevich
was sentenced to ten days in the penal cell for refusing to clean the
toilet (a job which is considered as humiliating among prisoners).
Then he received several more days for greeting a fellow prisoner on
entering the punishment cell, which was considered as unlawful
talking, and a few more days – for minor offenses.
On 14
April former presidential candidate Mikalai Statkevich said in a
letter that prisoners of prison No. 4 in Mahiliou had been finally
issued with the statutory hygiene means he had struggled to receive.
On 20 April it became known that a new wave of pressurization of
Mikalai Statkevich had started. He passed the information according
to which prison guards gave him food in specially marked plates which
could hint on attempts to poison him.
Death
penalty
On 2 April Liubou
Kavaliova, the mother of Uladzislau Kavaliou (executed by shooting on
charges of bombing the Minsk subway in April 2011), reported about
her actions to find out which institution had implemented the death
verdict, issued to her son by the Supreme Court. Liubouu Kavaliova
filed her inquiries to several state institutions at once. "At
first, I wrote to the chairman of the KGB, as Ulad had been kept
there until the end. I received a letter signed by the chairman
himself, Valery Vakulchyk, where it is stated that this question is
beyond the competence of the KGB and that it is necessary to apply to
the Supreme Court, as far as the information about the implementation
of the death verdict is sent there under Article 175 of the
Criminal-Executive Code. However, the deputy head of the Supreme
Court, Valery Kalinkovich, also answered that it was beyond their
competency and proposed to apply to the Department of Corrections.
The answer of this department again contained only a reference to
Article 175 of the Criminal-Executive Committee, according to part 5
of which the "institution which implements the death verdict"
must inform the court which issued the sentence, which, in its turn,
must pass the information to the relatives. We received a message
from the Supreme Court, but didn't manage to find out which
institution implements death verdicts," said Liubou Kavaliova.
On 24 April Liubou Kavaliova and Uladzislau's sister Tatsiana Kaziar
applied to the Presidential Administration, the Ministry of Internal
Affairs and the State Security Committee (KGB) demanding they reveal
the burial site of Uladzislau. They referred to the ruling of the UN
Human Rights Committee, which recognized a violation of Uladzislau
Kavaliou's right to life and applied to the Belarusian authorities
with the demand to reveal the location of the grave, regarding the
concealment of this information as ill-treatment of the convict's
relatives.
Enforced
disappearances
On 2 April the
investigative committee sent a response to the joint request of the
United Civil Party and human rights activists about the prospects of
investigation into the disappearances of former Interior Minister
Yury Zakharanka, politician Viktar Hanchar, businessman Anatol
Krasouski and journalist Dzmitry Zavadski. The answer did not contain
any information on the merits investigation and its results, and was
a usual come-off without any hint of interest in the investigation of
these crimes.
Harassment of
human rights defenders and human rights organizations
On
1 April the official opening of the new office of the Human Rights
Center "Viasna" was held. It was very hard for the
organization to find a new office room after the confiscation of the
previous one. The deputy chairman of "Viasna" Valiantsin
Stefanovich said that, despite the obstacles of the authorities the
organization would continue all directions of its activity. "Viasna"
continued working non-stop despite the confiscation of the office in
November 2012. The public reception worked at the office of the
Movement "For Freedom" and the Committee on Assistance to
the Repressed "Solidarity." Such analytical publications as
the annual review-chronicle "Human rights situation in Belarus"
and the Report on the monitoring of penitentiary institutions in the
Republic of Belarus were presented during the opening of the office.
In the evening of 2 March unidentified persons gained
unauthorized access to the website of the Mahiliou branch of the
Human Rigths Center "Viasna". They published three
provocative articles including a publication with threats to
independent journalist Ales Burakou on behalf of human rights
defender Barys Bukhel. The unidentified offenders cracked the
security system of the website and changed the access passwords to
the administrator's panel (back-office). Moreover, the human rights
information for the last two years was destroyed. On 5 April the
website mahilyowspring.org
completely restored its work. The deleted information was returned,
the libelous articles were deleted and professionals started working
on indreasing its security.
On 9
April 2013 the private house of human rights defender Uladzimir
Tseliapun was robbed. The thieves broke into the house through a
window, having smashed the glass in two windowpanes. They stole some
carpenter tools and the Order "Chernobyl Cross: Courage,
Dignity, Humanity", with which Mr. Tseliapun was awarded by the
All-Ukrainian civic organization "All-Ukrainian public
organization "Union Chernobyl Ukraine" in 2011 on the
occasion of the 25th anniversary of the Chernobyl accident. In 1986
Uladzimir Tseliapun took part in the liquidation of the consequences
of this man-made disaster. On 26 April Uladzimir Tseliapun was
summonsed to the Investigative Committee which investigated the
robbery, and was returned the stolen Chernobyl award. All other items
haven't been found so far.
On 18 April human rights activist
Leanid Sudalenka filed a lawsuit against the State Treasury
concerning the failure of the authorities to implement a decision of
the UN Human Rights Committee concerning the compensation of the
moral damage to him which he considered to be equal to the wage of an
MP during his 4-year term at office. During the parliamentary
elections of 2004 the human rights activist was not registered as a
candidate for deputy, although he collected the required number of
signatures. The district election commission and the CEC decided that
he lawyer had incorrectly indicated his place of employment. The
Supreme Court sided with the Central Election Commission, that's why
Leanid Sudalenka filed a complaint with the Human Rights Committee of
the UN. In 2010, the Committee concluded that Sudalenka's right to
take part in the conduct of public affairs through the election was
violated. The Committee also stated that this was politically
motivated discrimination. The Committee ordered Belarus to provide
the author with an effective remedy, and to consider his future
applications for his nomination as a candidate for deputy with a full
abidance by the International Covenant on Civil and Political
Rights.
On 19 April activists of the initiative "Against
Lawlessness at Courts and Prosecutors' Offices" tried to pass a
petition to Aliaksandr Lukashenka who was holding a speech before the
National Assembly. They wanted him to facilitate the consideration of
their appeals concerning against verdicts to their relatives, ignored
for many years by state officials and judges. Human rights activist
Tamara Siarhei and more then ten activists of the initiative weren't
let in the building of the National Assembly by the guards. Police
made them leave Nezalezhnasts Square with the use of pushes and
threats. On 24 April the General Prosecutor's Office warned defender
Tamara Siarhei about the possibility of criminal punishment for
activities on behalf of an unregistered organization under Article
193.1 of the Criminal Code of the Republic of Belarus.
At
about 9 p. m. on 25 April the website of the Human Rights Center
"Viasna" was hacked. The sense of certain publications was
changed to the opposite. It was done simultaneously at the
Belarusian, English and Russian versions of the website. In
particular, the information about signing of the petition against the
death penalty by playwright Andrei Kureichyk was changed – it was
written that he supported the death penalty. The codes for the
youtube
video were replaced: the offenders inserted a link to a video in
support of the death penalty instead of Kureichyk's speech. They also
changed the information about the position of the International
Federation for Human Rights (FIDH) – it was written that FIDH
supported the state policy of Belarus. Changes were also made in some
other publications. Within 30 minutes the informational service of
"Viasna" managed to correct the false information and
prevent new attacks.
On 25 April the Hrodna human rights
defender and journalist Uladzimir Khilmanovich was summonsed to the
Hrodna Regional KGB Department for 2 p.m. on 26 April. A KGB officer
explained the reason for the call as follows: "within the
competence of the KGB." Uladzimir Khilmanovich received a
warning for certain publications in the weekly newspaper of the
Belarusians in Poland "Niva". KGB believes that some of
them border on discrediting Belarus.
On 29 April human rights
observer Viachaslau Dashkevich, detained in Minsk in the evening of
26 April, after the end of the authorized rally "Chernobyl Way",
was sentenced to five days of administrative arrest. The verdict was
issued by Judge of the the Savetski District Court of Minsk Dzmitry
Pauliuchenka. The observer was detained while heading to the Savetski
District Police Department to keep track on the transportation of the
detained participants of "Chernobyl Way". According to the
court verdict, V. Dashkevich was found guilty of disobeying the
lawful demands of police officers ( Article 23.4 of the
Administrative Code).
Pressurization
of civic and political activists by security services
On
25 April the Navapolatsk activist Yauhen Parchynski received a
telephone call from a man who didn't introduce himself and invited
him to a "prophylactic conversation". The activist was
proposed to meet outdoors and then was told to get into a car in
which two men were sitting while one more was walking around. None of
the three introduced themselves despite persistent demands.
According to Mr. Parchynski, he was asked many questions about other
Navapolatsk oppositionists and the aims of the public association
"Free Region". At the end of the talk the activist warned
about the possibility of criminal punishment for activity on behalf
of an unregistered organization, and for the content of articles on
the site http://freeregion.info
if they would contain offensive and defamatory information about the
Republic of Belarus. Ya. Parchynski was also warned he would receive
administrative punishment if he decided to organize an action on the
anniversary of the Chernobyl accident. According to the activist, he
recognized one of the interlocutors. The latter often visited
opposition's events in Navapolatsk, but wasn't acquainted with
anyone. Therefore, the activists had the impression that he was an
agent of the security services. Mr. Parchynski said that no papers
were drawn up during the conversation and he wasn't proposed to sign
any documents.
On 29 April an activist of the Belarusian
Christian Democracy Aleh Aksionau received a second warning from the
Mahiliou KGB for activities on behalf of an unregistered
organization. That morning he received a telephone call from KGB
investigator Makhunou, who invited him to a meeting at the KGB
office. A few minutes after it the activist was presented with a
summons. The head of the Mahiliou regional branch of the Belarusian
Popular Front "Adradzhenne" Dzmitry Salauyou wasn't allowed
to represent Aksionau's interests during the talk. The conversation
with the KGB investigator lasted for about an hour. Makhunou told
Aleh Aksionau that the reason for establishing preventive supervision
over him was his activity on behalf of the unregistered organization
"Belarusian Christian Democracy", the election observation
campaign "For Fair Elections" and the Mahiliou Regional
Coalition of Democratic Forces. The investigator supported his words
by presenting printouts from various websites where Aksionau's
surname was mentioned. The activist tried to convince the
investigator that the party BCD acted on behalf of its organizing
committee, but the latter refused to understand it. Apart from Aleh
Aksionau, the Mahiliou Regional KGB Department established preventive
supervision over the BCD activist Tatsiana Shambalava and the head of
Mahiliou regional branch of the Belarusian Popular Front
"Adradzhenne" Zmitser Salauyou.
Administrative
prosecution of political activists, arbitrary detention
On
3 April the members of the Slonim coalition of democratic forces Ivan
Bedka and Ivan Sheha were summonsed to the Slonim District Police
Department. Ivan Sheha was presented the summons at work and Ivan
Bedka – at home. Police major Aliaksandr Khudzio stated they were
to write explanations about launching air balloons on Freedom Day.
Bedka and Sheha refused to write such explanations. On 18 April
police major Vadzim Shchurski questioned at the Slonim DPD the local
activists of the United Civil Party, brothers Andrei and Siarhei
Bialko in connection with their participation in the Freedom Day
celebration. Pensioner Mikalai Barysik was questioned by police major
Ihar Klybik. He refused to give any explanations, stating that the
celebration of Freedom Day was his private business. On 22 April two
more people, Albert Hlinnik and Viktar Marchyk, were summonsed to the
Slonim DPD and interrogated by police major Ihar Klybik concerning
the participation in Freedom Day. They refused to write explanatory
notes. All participants of the celebration were identified by the
police on the basis of the photos which appeared on the Internet
after the event.
On 4 April former political prisoner Vasil
Parfiankou, who on 9 February had been released from the detention
facility of Baranavichy remand prison No. 6 after serving 6-month
arrest term for violating the regime of preventive supervision, was
again charged with violating the regime of the preventive supervision
and fined 800,000 rubles by Judge of the Pershamaiski District Court
of Minsk Yury Harbatouski.
On 4 April juvenile commission of
the Maskouski District Executive Committee of Brest fined 18-year-old
Uladzislau Barouski 50,000 rubles under Article 23.34, part 1 of the
Code of Administrative Offenses (participation in an unauthorized
mass event). On 18 March U. Barouski was detained together with
activists of the organizing committee of the party "Belarusian
Christian Democracy" Yauhen Khaziakhmetau and Andrei Sharenda
near the park of Soldiers-internationalists where a white-red-white
flag was hanged out on an armored personnel carrier standing on a
pedestal.
On 5 April a former political prisoner, activist of
the "Young Front" Uladzimir Yaromenak was tried on charges
in violating the terms of preventive supervision, imposed by the
court. According to the judgment, Mr. Yaromenak was absent from home
for some time during the period between 9 p.m. and 6 a.m. on 24
February. The case was considered by Judge Yury Harbatouski.
Uladzimir Yaromenak was not present at the trial, as he was not
informed about it. On 23 April the activist received a telephone call
from a police inspector who told that he had been sentenced to 15
days of arrest and therefore needed to come to the police station. On
24 April Yaromenak was taken to the detention center in Akrestsin
Street.
On 5 April the Vitsebsk Regional Court considered a
cassation appeal of the chairman of the regional branch of the BPF
Leanid Autukhou against the verdict of the Kastrychnitski District
Court, according to which he had been punished with 5 days of arrest
by Judge Ina Hrabouskaya for an alleged violation of the law on mass
events. The judge considered as an offense the distribution by
Autukhou and his alley Kanstantsin Smolikau of the "Magistrate"
bulletin, dedicated to Freedom Day. The appeal was considered by
Judge Iryna Smaliakova. Leanid Autukhou solicited for holding court
proceedings in Belarusian, but the judge dismissed the petition, as
far as the recusation to the court he stated later. The verdict of
the court of first instance was left in force.
On 9 April
activist of the movement "For Freedom" Yan Melnikau, who
had congratulated passers-by on Freedom Day on 25 March on Yakub
Kolas Square in Minsk, was summonsed to the Savetski District Police
Department of Minsk and presented charges under Part 2 of Art. 23.34
of the Administrative Code (organizing an unsanctioned event). On 10
April Judge of the Savetski District Court of Minsk Aksana Reliava
sentenced him to a fine of 2.2 million rubles.
On 10 April
the Maskouski District Court of Minsk found social activist Nina
Bahinskaya guilty of holding an unsanctioned event and fined her 2.5
million rubles. The activist was detained during a prayer near St.
Symon and Alena Church in Minsk for raising a white-red-white flag.
The verdict was issued by Judge Tatsiana Motyl.
On 12 April
local activist Piatro Ivanou was detained at the police department of
the Vitsebsk Regional Executive Committee. Before this, he was giving
explanations at the regional road police department to colonel
Stsiapanau in connection with the detention of the BCD members
Aliaksei Kishchuk and Stanislau Laurenau on 16 February for holding a
poster with the word "Freedom!" in the center of Vitsebsk.
Ivanou asked to punish the policemen who had violated the traffic
rules during the detention. Instead of it, Piatro Ivanou was charged
with giving a knowingly false testimony. Ivanou was taken to the
Pershamaiski District Court, but then the police car turned around
and took him to Pershamaiski District Police Department of Vitsebsk,
where he was also charged with disobedience to lawful demands of the
police. The trial of Ivanou started at the Pershamaiski District
Court of Vitsebsk on 15 April. On 17 April the activist was fined 2
million rubles on charges of giving a false testimony about a
violation of the traffic rules by the driver of a police car, and 2
more million rubles – for disobedience to lawful demands of police
officers. Piatro Ivanou pleaded innocent in both cases.
On 12
April the chairman of the Minsk City Court dismissed the cassation
appeal of the leader of the United Civil Party Anatol Liabedzka
against the verdict of Judge of the Savetski District Court of Minsk
Dzmitry Pauliuchenka, according to which he had been sentenced to a
fine in absentia on 15 January. The politician was fined for handing
out informational leaflets about the attitude of the United Civil
Party and its supporters to the privatization of state property.
Anatol Liabedzka appealed the ruling at the city court but on 15
February Judge Valery Kamisarau left the initial verdict in force.
The chairman of the Minsk City Court supported the position of his
colleagues.
On 17 April Viktar Ivashkevich was banned from
leaving the country in connection with an incident in May 2012, when
an employee of the Mozyr refinery Maryna Tsibliyenka sued him for the
calls on the European companies to boycott Belarusian oil products.
The court sentenced Mr. Ivashkevich to pay a compensation of 500,000
rubles to the plaintiff and refute his statements on the website
"Charter'97" calling to impose economic sanctions.
Ivashkevich paid the "compensation" and was allowed to
leave the country six months after it. However, recently a bailiff
has informed him that he was banned to leave the country as he still
hasn't disproved his statements in the media.
On 17 April the
Vitsebsk Regional Court turned down an appeal by the activist of the
Conservative-Christian Party "Belarusian Popular Front"
Siarhei Kavalenka against a verdict of Judge of the Pershamaiski
District Court of Vitsebsk Valiantsina Kismiaroshkina, according to
which he was to pay a fine of 1 million rubles for disorderly
conduct. Judge of the Vitsebsk Regional Court Iryna Smaliakova
supported the previous verdict, expressing no doubt in the
information of the police reports, which indicated that Kavalenka was
walking along the roadway in 2nd Pradolnaya Street, which was noticed
by a police patrol who approached him and made a remark. Siarhei
Kavalenka allegedly refused to get to the pavement, using foul
language.
On 22 April the activist of "Zmena", the
youth wing of the civil campaign "Tell the Truth" Pavel
Vinahradau was detained for hanging out a white-red-white flag and a
portrait of a political prisoner Statkevich over the entrance to the
metro station "Niamiha" in Minsk. On 23 April he was tried
at the Tsentralny District Court of Minsk under Article 23.34 of the
Code of Administrative Offenses (violation of the order of holding
mass events). Judge Viktoryia Shabunia sentenced him to 12 days of
arrest.
On 26 April the leader of the United Civil Party
Anatol Liabedzka and journalists Aliaksandr Barazenka and Nasta
Yaumen were twice detained in the city of Astravets (the Hrodna
region) where a nuclear power plant is being built. The journalists
came there with the politicians to make a report about the NPP
construction.
On 26 April in Minsk the annual memorial rally
on the anniversary of the accident at the Chernobyl nuclear power
plant was held. The rally was allowed by the Minsk City Executive
Committee and went peacefully. However, law enforcement officials
didn't refrain from making obstacles, and the event was accompanied
by arrests of journalists and activists. The head of the council of
the public association "Ecodom" Iryna Sukhii and its
activists Volha Kaskevich, Kanstantsin Kirylenka and Vasil Siniukhin
were detained preventively near their houses. They were kept at the
Pershamaiski District Police Department of Minsk for three hours and
released after the end of the rally. Some more environmentalists were
blocked in their apartments and were not able to come to the event.
Human rights observer Viachaslau Dashkevich was detained near the
Savetski District Police Department, to which a part of the detained
participants of the "Chernobyl Way" were taken. After the
end of the rally, the activist of anarchist movement Ihar
Trukhanovich was brutally beaten to blood by four people in mufti and
detained. "Nasha Niva" journalists Iryna Arakhouskaya and
Aksana Rudovich who shot the beating on video were detained and taken
to the Savetski District Police Department of Minsk, from which they
were released in several hours. In the evening the police also
detained Alena Vitko, Yan Melnikau minor Iryna Kazlouskaya and Nasta
(surname unknown). All of them were soon released. Later in the
evening the journalists of the Belarusian service of Radio "Racyja"
Henadz Barbarych and Aliaksandr Yarashevich were detained and taken
to the Savetski DPD. The activists of the "European Belarus"
Dzmitry Charniak and Aliaksandr Tarnahurski were detained for
participation in the action. All of them were kept at the
delinquents' isolation center in Akrestsin Street until the trial. On
29 April they were tried at the Savetski District Court of Minsk.
Journalists Henadz Barbarych and Aliaksandr Yarashevich were
sentenced to three days of arrest for "disobeying the police".
(Article 23.4 of the Code of Administrative Offenses). The verdicts
were issued by Judge Kiryl Paluleh. Human rights activist Viachaslau
Dashkevich was sentenced to five days of arrest on the same charges
by Judge Dzmitry Paulichenka. Ihar Trukhanovich was sentenced to ten
days in jail on charges of participating in an illegal mass rally and
disobeying police officers (Judge Aksana Reliava). Dzmitry Charniak
and Aliaksandr Tarnahurski were sentenced to ten days of arrest on
analogical charges by Aksana Reliava and Dzmitry Paulichenka
respectively.
On 30 April a Vitsebsk member of the
Conservative Christian Party Yan Dziarzhautsau was charged with a
violation of the law on mass events. He was summonsed to the
Kastrychnitski District Police Department where the policemen
presented him charges without witnessing his "offense",
solely on the basis of the photos posted on the Internet. On 26 April
Yan Dziarzhautsau and another CCP BPF member, Vital Kavalenka, went
to the monument to P. Masherau on Zamkavaya Street with the posters
"Only an enemy of Belarus can construct a nuclear power plant
without the consent of the people" can only enemy of Belarus"
and "Dictator, if you build Astravets – Chernobyl may come
around". Most possibly, the police were called by a passer-by.
However, the police car arrived when the action was over, the
activist rolled the posters and were about to leave. Passers-by shot
the picket on their cellular phones and in the afternoon photos from
it were published at websites. According to police, it will be used
as evidence at the trial.
Restrictions
on freedom of speech and the right to impart information, harassment
of journalists
On 29 March the
Bialynichy District Court fined the dweller of the village of
Lebiadzianka Valery Vusik 5 million rubles: 3 million for alleged
defamation of the head of the "Lebiadzianka" farm Piatro
Bialou and 2 million for handing out the independent newspaper
"Mahiliouski Vybar". The case was considered by the
chairman of the Bialynichy District Court Uladzimir Huz. He dismissed
the petition for admitting Vusik's counsel to the trial and ignored
the written testimonies of Lebiadzianka dwellers confirming that the
violations at the farm, set forth in the article "What has
changed at the "Lebiadzianka" farm during the last years?",
published in "Mahiliouski Vybar", really took place. The
judge referred to the fact that officers of the Bialynichy District
Police Department refused to bring a criminal case against
"Lebiadzianka" administration, as far as the facts stated
in Vusik's complaints weren't confirmed. He also didn't take into
account the testimony of the editor of "Mahiliouski Vybar"
Barys Vyrvich that the newspaper was published in conformity with the
Constitution and the Law "On Mass Media".
On 11
April the ex-editor of the magazine "ARCHE-Pachatak" Valery
Bulhakau received an official response to his request to the
administration of Financial Investigations Department of Minsk and
Minsk region. The deputy head of the FID Batsevichus said that
"according to the results of the inspection carried out by the
FID CDC the Minsk region of Belarus and Minsk, it was decided not to
instigate a case under Article 243 of the Criminal Code against you".
In this letter Valery Bulhakau was also proposed to come to the FID
"to decide the fate of the editions" which belonged to him.
A similar letter was submitted to "Inbelkult" Ltd. (the
former publisher of the magazine, on, on whose behalf the inquiry was
made). Both papers are dated 9 of April. On 23 April the Ministry of
Information again refused to introduce changes to the registration
data of "ARCHE-Pachatak", which puts to doubt the
magazine's future. The decision signed by the Deputy Information
Minister Uladzimir Matusevich notes that the editors supposedly did
not provide information about the reappointment of Valery Bulhakau to
the position of the chief editor. The editorial board of the magazine
called this decision aimed at the destruction of the edition.
On
17 April Judge of the Ashmiany District Court Aliaksandr Davydau
started considering a case brought by the Hrodna Regional KGB
Department concerning the allegedly extremist nature of the album
"Press Photo Belarus – 2011". 41 copies of the album were
seized from photographers Yuliya Darashkevich and Aliaksandr
Vasiukovich on 2 November 2012 at the border crossing point "Kamenny
Loh". Photographers Yuliya Darashkevich, Aliaksandr Vasiukovich
and Aliaksandr Zamirouski (who organized the contest "Press
Photo of Belarus") took part in the trial as interested persons.
As it follows from the information presented to Darashkevich's
lawyer, the expert committee appointed by the decision of the Hrodna
Regional Executive Committee, concluded that the album "contained
intentionally distorted, untrue materials on the life of the Republic
of Belarus in the political, economic, social and other spheres,
offending the honor and dignity of citizens of the Republic of
Belarus". At the beginning of the trial the lawyer filed a
motion for an alternative examination of the album, which was
rejected. On 18 April the Ashmiany District Court found "Press
Photo of Belarus – 2011 extremist and ruled that the confiscated
copies were to be destroyed. The same day the Belarusian Association
of Journalists expressed disagreement with the decision of the court,
noting that "the mere fact of the trial on this case looks
absurd, and it was it, not the content of the album, which could
"undermine confidence in the authorities". In its earlier
address to KGB with the call to withdraw the lawsuit BAJ noted that
"photos of this album do not contain calls for extremist
activities or promote them. Photos do not create, but merely reflect
the reality. They by definition can not "contain deliberately
distorted and untrue speculation about the life in the Republic of
Belarus." The fact that the "choice of the materials for
the album on the whole" caused pretensions of the experts,
witnesses their prejudiced attitude, not the attitude of the album
creators". On 26 April the journalists appealed the verdict of
the Ashmiany District Court to the Hrodna Regional Court.
On
19 April Radio "Liberty" journalist Aleh Hruzdzilovich and
cameraman of the informational agency BelaPAN Siarhei Satsiuk were
detained in Minsk while covering the protest action organized by the
public initiative "Against Lawlessness at Courts and
Prosecutors' Offices" in Nezalezhnasts Square. The journalists
were taken to the Maskouski District Police Department of Minsk and
released in several hours. They were returned the video equipment,
but all footage was erased.
At about 11.50 a.m. on 24 April
the website of the European
Radio for Belarus
stopped working. Instead of its main page, users could only see an
announcement about technical works at the website. "Literally 15
minutes ago an extraordinary number of attempts to connect to the
website was registered", stated the chief editor of the European
Radio Vital Zybliuk. "It could be a technical failure or a
planned DDOS-attack". The site started working in the normal
mode after 12 a.m.
On 24 April the head of the Vitsebsk
regional branch of the Belarusian Popular Front Party Leanid Autukhou
was summonsed to the Kastrychnitski District Police Department of
Vitsebsk and was presented charges of violation of the law on mass
media. In particular, L. Autukhou was accused of exceeding the
legally allowed number of copies of the party bulletin "Magistrate",
during the distribution of which he had been detained at the shopping
center "Evicom" on 22 March and subsequently sentenced to 5
days of arrest for a violation of the Law "On Mass Events"
(the bulletin contained information about the planned celebration of
Freedom Day.) The confiscated copies of the bulletin weren't
calculated in Autukhou's presence, that's why it is unclear where the
number was taken from.
On 25 April hackers posted a message
at the website belaruspartisan.org:
"We could have crushed you, "Charter" and "Viasna"
and many others long time ago, but we give you an opportunity to
exist under our control. Why didn't we do it? It is just interesting
for us, WHAT is said, who says it and where from. And now we have the
list of talkers, whom we give the last warning: you can write and
speak, but don't go too far, don't fling mud and insult the PERSON."
As stated the editorial board of the website, this was done by
"hackers in uniform." The unidentified individuals who
posted the statement at the website represented themselves as
followers of the "Anonymous" crew. Several days before that
a DDoS-attack was suffered by the website of Charter'97,
whose work was blocked for an hour. The editorial board of the
website stated that the attack had a Russian-Belarusian- Ukrainian
footprint (more than 60% IPs were from Ukraine, 30% – from
Belarus). It's worth noting that the websites of "Belarusian
Partisan", "Charter 97" and the Human Rights Center
"Viasna" have been put in the so-called "black list"
and banned for viewing in state institutions.
On 26 April,
independent journalists Aliaksandr Barazenka and Anastasiya Yaumen
were arrested during a visit to the construction site of the nuclear
power plant in Astravets. The detainees were taken to the local
police station, and were released after some time. The journalists
came to Astravets together with the leader of the United Civil Party
Anatol Liabedzka and environmental activists Ivan Kruk and Mikalai
Ulasevich in order to make a report about the construction of the
NPP.
On 26 April, after the end of the authorized rally
"Chernobyl Way" in Minsk, the journalists of "Nasha
Niva" Iryna Arakhouskaya and Aksana Rudovich, who had videotaped
the beating of the activist of the anarchist movement Ihar
Trukhanovich, were detained. They were taken to the Savetski District
Police Department and released at 9.30 p.m. The journalists of Radio
"Racyja" Henadz Barbarych and Aliaksandr Yarashevich were
detained after the end of the rally and taken to the Savetski DPD as
well. After 11 p.m. they were taken to the delinquents' isolation
center in Akrestsin Street. In the morning of 27 April the guards
refused to accept a parcel for them. The journalists were charged
with disobedience to lawful demands of the police (Article 23.4 of
the Code of Administrative Offenses). Judge of the Savetski District
Court Kiryl Palulekh sentenced them to three days of arrest.
On
26 April the website of the Belarusian
Association of Journalists
was attacked. The DDos-attack started 30 minutes after the
information about the ways to counteract to DDoS-attacks was
published. "We took the advice of experienced IT-persons and
wrote how to protect websites from break-ins and DDoS-attacks, but
fell victims to an attack ourselves. Our programmers are trying to
rein in the attack, but it is very difficult, so we have to just wait
until it's over", said the press-secretary of the Belarusian
Association of Journalists Barys Haretski. The work of the website
normalized in an hour.
On 30 April the TV channel "BelSat"
was denied accreditation by the Ministry of Foreign Affairs of the
Republic of Belarus. The officials referred it to the fact that the
Belarusian journalists had repeatedly violated the law working with
the TV channel without accreditation. This is the third accreditation
denial issued to "BelSat". In the previous accreditation
denials the authorities referred to other formal reasons.
Restriction of
freedom of assembly
On 9
April the Homel authorities banned the May Day rally,
organized by the Belarusian Leftist Party "Fair World". The
application for the event was filed to the Homel City Executive
Committee back in March. The organizers tried to conclude service
agreements with the required institutions. However, the police
refused to conclude an agreement for serving the rally referring to
the absence of the official permission. The executive committee, in
its turn, refused to authorize the action in the absence of the
service agreement. The oppositionists intend to require explanations
from the Homel City Executive Committee about the ways to solve the
problem.
On 12 April the Vitsebsk activist Aliaksei
Haurutsikau (a member of the party of political prisoner Mikalai
Statkevich), and the head of the regional branch of the Movement "For
Freedom" Khrystafor Zhaliapau intended to hold a picket to
express solidarity with political prisoners and protest against the
impoverishment of the Belarusian population. They filed an
application to the Pershamaiski District Executive Committee of
Vitsebsk as they intended to hold the action in the specially
determined place 30-hoddzia VLKSM park on the territory of the
Pershamaiski district. The district administration refused to do it,
referring to a ruling of the Vitsebsk City Executive Committee
according to which mass events could be authorized only after their
organizers presented service agreements with the public utilities,
ambulance and police. The ambulance service evaded from concluding an
agreement for serving the picket, writing that "ambulance
brigades would be serving the national Universiade in boxing."
On
17 April Judge of the Tsentralny District Court of Homel Zhana
Andreichyk considered the appeal of civic activist Kanstantsin
Zhukouski against the refusal of Homel City Executive Committee to
authorize a picket. Mr. Zhukouski and his friends intended to hold
their picket on 1 April under the slogan "Homel City Executive
Committee! Hands off history!" in order to attract public
attention to the destruction of the unique wooden buildings in the
center of Homel. The executive committee referred its refusal to the
failure of the organizer to implement its ruling "On Mass
Events" by concluding service agreements with the police, public
utilities and ambulance. At the same time, all attempts of the
organizers to conclude such agreements were met with refusals of
these institutions who stated they couldn't conclude such agreements
in the absence of the permission for the action. The executive
committee, in its turn, refused to authorize mass events without
receiving such agreements first. At the trial Kastus Zhukouski
explained that the ban on the picket violated his constitutional
rights and it is impossible to implement the ruling of the executive
committee "On Mass Events" in practice. The court ruled
that his appeal was to be dismissed.
On 22 April it was
reported that two actions dated to the 27th anniversary of Chernobyl
accident were banned in Vitsebsk. The head of the regional branch of
the movement "For Freedom" Khrystafor Zhaliapau intended to
organize a rally dedicated to the Chernobyl tragedy. The Pershamaiski
District Executive Committee of Vitsebsk refused to authorize the
action due to the absence of the service agreements with the police
and medics. Mr. Zhaliapau managed to conclude such agreement only
with the public utilities, whereas the police and the ambulance
service ignored his applications. Thus, the organizer again faced the
impossibility to implement ruling No. 881 of the Vitsebsk City
Executive Committee which requires the organizers of mass events to
conclude the agreements for serving mass events before filing
applications for their authorization. The Chyhunachny District
Executive Committee of Vitsebsk banned the rally organized by the
head of the Vitsebsk regional branch of the Belarusian Popular Front
Leanid Autukhou for the same reasons. Mr. Autukhou intended to hold
the action in the Park of Culture and Rest of Railwaymen.
On
23 a picket was banned in Vitsebsk due to "seasonal diseases"
(the reason referring to which the ambulance service refused to
conclude an agreement for serving the action with the member of the
Conservative Christian Party BPF Yan Dziarzhautsau. Mr. Dziarzhautsau
states that the police also refuse to conclude service agreements
with him, but draw various reasons, whereas the city polyclinics
gives the same reason without any hesitations.
On 25 April the
Mahiliou activists of the United Civil Party weren't allowed to hold
a picket in the memory of the disappeared ex-minister of Internal
Affairs, police general Yury Zakharanka. The executive committee
referred the ban to the fact that the UCP activists wanted to hold
their picket in a place which hadn't been determined for mass events
by the authorities. The activists intended to hold their action on 7
May, the 14th anniversary of Zakharanka's disappearance, near the
Mahiliou regional diagnostic center. It's worth noting that on 1
March members of the Belarusian National Youth Union (BRSM) held a
picket there without any official permission.
On 25 April the
Minsk City Executive Committee prohibited the Belarusian Congress of
Democratic Trade Unions (BCDTU) to hold a rally in support of workers
on 1 May in 50-hoddzia Vialikaha Kastrychnika Park. As the head of
the BCDTU Aliaksandr Yarashuk learned from a telephone conversation
with the head of the department of public and mass work Yury Uralski,
the answer had been already mailed and according to it "official
mass festivities would be held in all five park zones of Minsk on 1
May, that's why it is inexpedient to hold any additional
actions."
Restriction of freedom of association
1
April the Supreme Court began to consider the lawsuit of the Ministry
of Justice against the international NGO "Good Will." The
Ministry of Justice started checking the organization on a complaint
of the Ministry of Education, which accused "Good Will" in
non-statutory activities (legal assistance to children with many
families and orphans) and the use of unregistered symbols (envelopes
with the inscription "Good Will"). Later, the Ministry of
Education withdrew its claim, but the Ministry of Justice found
violations in the organization activities (a capital letter was used
instead of a small on the organization seal, the "unregistered"
envelopes, an error in the title of the organization which lent an
office in Ratamka to "Good Will" free of charge, etc.).
These "violations" were sufficient to stop the activities
of the organization since 26 November 2012 till 27 January 2013. The
Ministry of Justice presented charges on 16 points in the liquidation
lawsuit. On 3 April the Supreme Court granted the lawsuit for
liquidation of "Good Will". The court found that the
organization untimely amended its charter, did not suspend activities
in accordance with the decision of the registering authority, didn't
confirm its international status, had deficiencies in record-keeping
and failed to present sought-after information to the Ministry of
Justice. Having lost the trial, the organization is also obliged to
pay the state fee of 300,000 rubles.
On 1 April Anatol
Litvinka, one of the founders of the independent trade union
organization at "Granite" enterprise in Mikashevich, was
dismissed on order of Director General. The secretary-treasurer of
the organization of the Belarusian Independent Trade Union on
"Granite" (the position occupied by Anatol Litvinka)
received a notice in which it was said that his labor contract was
terminated due to alleged "systematic non-fulfillment of job
duties." A year ago, Anatol's wife Liudmila Litvinka, was
dismissed from the enterprise, and was unable to find a job in
Mikashevichy for a long time after it. Moreover, during the past year
the enterprise administration dismissed almost all activists who who
were the founders of the independent trade union Mikalai Karyshau,
Vital Pashechka, Henadz Paulouski and Aleh Stakhayevich. One more
activist, Leanid Dubanosau, is under the threat of dismissal.
On
18 April the Biaroza District Prosecutor's Office issued a warning
for acting on behalf of an unregistered organization to an activist
of the civil campaign "Tell the Truth" Aliaksandr Kuzmin.
The warning was signed by the prosecutor of the Biaroza district,
junior counselor of justice D. Dziarabina. At the prosecutor's
office, he and his counsel weren't allowed to study the case
materials, being told that they would be sent to the Biaroza District
Police Department where they could be studied. The activist stated
that the head of the Belaaziorsk District Executive Committee had
applied to the police with a written request to give a legal
assessment to his actions. Aliaksandr Kuzmin thinks that the warning
could be issued due to his activities related to the privatization of
apartments in a house in Belaaziorsk.