Human Rights Situation in Belarus: July 2016
Conclusions:
- July was not marked by any systemic changes demonstrating the authorities’ commitment to improving the country’s human rights situation;
- the parliamentary elections currently underway in Belarus have so far failed result in a significant increase in the overall level of repression and is taking place against a more favorable internal political background as compared to earlier elections. At the same time, the Belarusian authorities have not been able to fully abandon the repressive practices against their political opponents;
- the opposition political parties and movements participating in the elections use the campaign (among other things) for the purpose of exercising the right to peaceful assembly and expression;
- public events held outside the electoral framework (not governed by the notification-based procedure provided for in the Electoral Code) are not intervened in or forcibly stopped by the law enforcement officers, but the participants and organizers of such meetings are brought to administrative responsibility resulting in heavy fines. In some cases, failure to pay the fines leads to the arrest of personal property and other negative consequences.
- Dzmitry Paliyenka, an activist detained by riot police as a result of the violent dispersal of the Critical Mass peaceful assembly on 29 April 2016, continued to be held in custody in a detention center in Žodzina. The Human Rights Center "Viasna" views the persecution of the participants of this protest as an illegal restriction of their right to freedom of expression and freedom of peaceful assembly, calling for the release of Dzmitry Paliyenka until the completion of the investigation;
- prison No. 14 in Barysaŭ district continued to hold Mikhail Zhamchuzhny, whose sentencing was viewed by the country’s human rights community as politically motivated harassment. Human rights activists demand an immediate reconsideration of Zhamchuzhny’s criminal case in an open trial in compliance with the guarantees of a fair trial, which includes a wide range of legal measures, such as a pardon, amnesty, and parole;
- Reporters without Borders called for greater transparency in the case of Belarusian blogger Eduard Palchys and his release from custody. The Human Rights Center "Viasna" also insists on an independent examination of the blogger’s online publications and does not rule out political motives for his prosecution.
- the authorities completed the investigation into the case of prison doctor and Interior Ministry officer Aliaksandr Krylou, who is accused of professional misconduct resulting in the death of Ihar Ptsichkin in jail No. 1 in August 2013.
Politically motivated criminal prosecution
On July 22, Dzmitry Paliyenka was again transferred to jail No. 8 in Žodzina. This is not the first time that the imprisoned activist has been transferred from prison to prison, thus creating a difficult environment for his physical and mental state. The investigation against the activist has almost been completed, and soon the case will be transferred to the Court of Centraĺny district of Minsk.
The brutal detention of cyclists involved in the Critical Mass protest took place in the evening of April 29. As a result of violence used by riot police, six people were detained. They were badly beaten and taken to the police department of Minsk’s Centraĺny district. Later, two of them faced criminal charges under Art. 364 of the Criminal Code.
On May 6, Dzmitry Paliyenka faced formal charges.
The Human Rights Center "Viasna" made a statement about the detention of Dzmitry Paliyenka and informed the United Nations Working Group on Arbitrary Detention about the activist’s case.
On July 12, the court of the Frunzienski district of Minsk re-examined the criminal case against Aliaksandr Lapitski, 80, who was found guilty of insulting President Alexander Lukashenko, Prosecutor General Aliaksandr Kaniuk, as well as a number of judges and prosecutors in Belarus. Due to the fact that the results of a psychiatric examination found Lapitski mentally ill, the court ordered compulsory medical measures, namely forced treatment in a psychiatric hospital.
The Human Rights Center "Viasna" insisted on the decriminalization of acts committed by Aliaksandr Lapitski and called for the termination of criminal prosecution for defamation offenses, considering as a first step the abolition of Articles 367, 368, 369, 369-1, 391 of the Criminal Code. The decision on the involuntary hospitalization of Aliaksandr Lapitski should be taken based solely on the security of citizens and of Aliaksandr Lapitski, and in the absence of such threats – not to infringe on his personal freedom.
Violation of the right to peaceful assembly and expression
The UN Human Rights Council calls upon all States to solve security problems on the Internet in accordance with their international obligations in the field of human rights and unequivocally condemns violations against persons exercising their fundamental freedoms on the Internet. The resolution was adopted during the Council’s 32th session, which ended on July 1 in Geneva. It was initiated by 53 countries, including several former Soviet Union states — Latvia, Lithuania, Estonia, Georgia, Moldova, and Ukraine.
The document notes the importance of exercising human rights in the Internet, in particular the right to freedom of expression, as the rapid pace of technological development enables individuals all over the world to use new information and communication technologies, and the importance of building confidence and trust in the Internet for the implementation of full cooperation between governments, civil society, the private sector, the technical community and academia. The resolution also “condemns unequivocally” blockings and other measures that violate free access to the Internet.
The Belarusian authorities still do not create conditions for the exercise of citizens’ right to peaceful assembly.
On June 27, the Viciebsk city executive committee banned the collection of signatures in central Victory Square. The decision is criticized by local human rights defenders, as the location has traditionally been used as a venue for public events.
Activists from Baranavičy appealed to the Brest regional executive committee against the refusal to expand the list of places for mass events, as in early June 30 residents of the city wrote to the local executive committee with a proposal to amend its decision "On mass events in the city of Baranavičy". They were dissatisfaction with the fact that the city authorities authorized only one place for mass events — an abandoned old city park, which is rarely visited by the people. The applicants asked the city executive committee to change its decision, adding more suitable sites to the list. They also asked to abolish the requirement for providing contracts for the maintenance of public order, clean-up of the territory and the provision of medical care when applying for holding mass events. Local authorities did not go to meet the demands of the citizens, saying that the executive committee’s decision “passed legal examination and was registered in the National Register of Legal Acts of the Republic of Belarus on 22 January 2015.” Having been refused at the local level, the applicants appealed to the Brest Regional Executive Committee, asking to step in and contributed to the positive solution of the case.
Ryhor Hryk, an activist from Baranavičy, received from the local executive committee a ban on a picket that was expected to inform the city residents about the voluntary nature of elections. The ban referred to the fact that earlier the activist had been prosecuted for ‘illegal’ public events.
At the same time, the authorities keep persecuting those who, despite the ban, exercise their rights.
Activist Pavel Vinahradau was detained on July 1 in the police department of the Maskoŭski district of Minsk, where he had arrived to register in connection with his preventive supervision. He faced charges for a recent street action, namely displaying white-red-white flags and his portrait at a bus stop. The police viewed the act as an offense and charged him under Art. 23.34 of the Administrative Code (“organization of or participation in an unauthorized mass event”) and Art. 23.5 (“Insult of an official in the exercise of official authority”). The case file was sent to the court, but on July 26 the judge sent the police reports back to the police department to address the shortcomings.
On July 14, the Homieĺ District Court heard the administrative case of local entrepreneur Mikhail Latyshau. He was accused of violating the order of holding mass events (Article 23.34 of the Administrative Code) for his involvement in an unsanctioned rally of entrepreneurs. The event took place on June 5 in the Kaapieratyŭny market in Baranavičy. Judge Andrei Susla found the businessman guilty of violating Article 23.34 of the Administrative Code and sentenced him to a fine of 20 basic units.
On July 18, a fine of 30 basic units was imposed on Liubou Sankovich of Babrujsk for participating in an unsanctioned rally of a public initiative against lawlessness in the courts and prosecutor's offices.
On July 21, the court of the Saviecki district of Minsk ruled to punish Ryhor Kastusiou by a fine under Part. 1 of Article 23.34 of the Administrative Code for participation in an unauthorized mass event. The court also reheard the administrative case of Natallia Samatyia, who was also punished by a fine. On July 28, the court of the Saviecki district of Minsk for the second time considered the administrative case of Anatol Shumchanka, leader of the Association of Entrepreneurs "Perspective", for his participation in Freedom Day celebrations on March 25. Judge Mariya Fiodarava ruled to punish all of them by penalties in the amount of 20 basic units each.
Earlier, they were sentenced for the same offences, but the verdicts were subsequently canceled by Judge Valery Kamisarau of the Minsk City Court, who found numerous mistakes made both in the case file and in the court proceedings.
Bailiffs threaten to seize the cottage owned by opposition activist Nina Bahinskaya due to the fact that she has been unable to pay the fines imposed on her for exercising her right to peaceful assembly and expression. The estate is expected to be sold in order to cover the fines.
On July 29, the Court of Orša considered the administrative case of Aliaksandr Abramovich, activist of entrepreneurs’ movement. He was punished by a fine of 42 basic units under Article 23.34 of the Administrative Code. The penalty is linked to his activities in the framework of the organizing committee for the creation of an independent trade union of entrepreneurs.
Harassment of journalists
On June 25, the court of Lojeŭ, Homieĺ region, opened the trial of freelance journalist Kanstantsin Zhukouski. As a result, three charges were sent to the police department to address the deficiencies; the consideration of one more charge — alleged disorderly conduct — resulted in a fine in the amount of three basic units.
Violation of the right to freedom of thought, conscience and religion
On July 20, Siarhei Bondarau, a resident of the village of Pieramoha, Homieĺ region, received a copy of the order by the Homieĺ Regional Court, which brought him to administrative liability under Article 23.34 of the Administrative Code (unauthorized mass event). The trial took place on July 18. According to the court ruling, on May 24, Siarhei Bondarau “was involved in a street procession and sang religious songs, which violated the law on mass events.” At the court hearing, Siarhei Bondarau explained that he was a member of the Society for Krishna Consciousness and that was really in Pinsk, where in the streets of the city together with friends he sang religious songs and played the accordion.
Torture and cruel, inhuman, degrading treatment
Viachaslau Kasinerau, one of the defendants in the ‘graffiti case’, who requested to prosecute the persons who badly beat him during his arrest on August 11 last year, has once again received a reply from the Minsk Maskoŭski district department of the Investigation Committee saying that the criminal proceedings have been suspended: “In connection with a failure to identify the person to be criminally responsible for the crime under Part 1 of Article 149 of the Criminal Code, the criminal case shall be suspended.” It is also reported that “the investigative actions continue to be carried out by the operational services of the Interior Ministry.”
The Prosecutor General’s Office completed the investigation into the death of Ihar Ptsichkin in jail No. 1 of Minsk in August 2014. According to the Human Rights Center "Viasna", the criminal case against paramedic Aliaksandr Krylou will soon reach the court. Krylou, who is also a police officer, is facing charges of improper performance of his professional duties, which negligently caused the death of the patient. In May 2016, the victim’s mother, Zhanna Ptsichkina, disagreed with the decision of the Investigative Committee to terminate the preliminary investigation, and appealed to the Prosecutor General’s Office, which eventually quashed the decision and relaunched the investigation.
The Human Rights Center "Viasna" demands to put an end to the harassment of human rights defenders Andrei Bandarenka and Mikhail Zhamchuzhny by representatives of the Department of Corrections, to check the conditions of detention of these prisoners and to allow them to meet with representatives of human rights organizations in order to clarify the actual conditions and the state of compliance with their legal rights. The appeal signed by Ales Bialiatski, head of the Human Rights Center "Viasna", was sent on July 22 to the Minister of Interior and the Prosecutor General of Belarus.
The appeal refers to numerous facts of ill-treatment of Andrei Bandarenka, former leader of the Platforma NGO, and Mikhail Zhamchuzhny, founder of Platform Innovation, Platforma’s successor.
Guarantees of a fair trial
On July 29, Reporters without Borders called for more transparency in the case of Belarusian blogger Eduard Palchys and his release from custody. Palchys has been in custody for six months already — first in Russia, then in Belarus — on charges of publishing materials that allegedly incited ethnic hatred and contained pornography.
The blogger’s preventive imprisonment is “out of all proportion to what he is alleged to have done,” said Johann Bihr, the head of RSF’s Eastern Europe and Central Asia desk.
“The posts and illustrations should be examined by independent entities, such as the Association of Belarusian Journalists. At the same time, Belarus’ legislation on media offences needs to evolve. The penalties that can be incurred, up to five years in prison, are utterly disproportionate,” Reporters without Borders said.
Eduard Palchys, editor of the 1863x.com website, known under the nickname of Jhon Silver, was charged under Part 1, Art. 130 (“incitement to racial, national or religious enmity or discord”), and Part 2, Art. 343 (“dissemination of pornographic materials”) of the Criminal Code. As a result, he may be imprisoned for up to 9 years. As reported earlier by the Investigative Committee, Palchys’ publications contained signs of illegal content, which is confirmed by examinations.
The blogger’s website published materials critical of the Belarusian and Russian authorities. In November 2015, he wrote that he was held by the KGB and forced stay in a mental hospital. After that he moved to Ukraine. In January 2016, he was arrested in Russia and extradited to Belarus at the end of May.
It should also be recalled that after Palchys was extradited from Russia and taken into custody in Minsk, the Human Rights Center "Viasna" issued a statement asking to respect all the procedural guarantees of the detainee, including the right to defense, and to ensure adequate conditions of detention, which would not constitute cruel, inhuman or degrading treatment, but would meet international standards of detention.
In addition, the human rights activists insist on the need for an independent analysis of Palchys’ publications and do not rule out the political motive of his prosecution.
