Review-Chronicle of Human Rights Violations in Belarus in February 2008

In February in Belarus most attention was paid to political prisoners and politically motivated criminal cases. The main event this month is the cassation of the politically motivated verdicts to the youth activist Artur Finkevich and the journalist Aliaksandr Zdvizhkou, as a result of which both were released from jail. The authorities also granted parole to the entrepreneurs Mikalai Autukhovich and Yury Liaonau and the oppositional politician Andrei Klimau. However, despite the demands of the EU and the US the former candidate to president of Belarus Aliaksandr Kazulin remains behind bars. He was proposed release from jail in exchange for emigration to Germany and cessation of political activities. In addition, the authorities demonstrated an exceptional violence in relation to Kazulin’s family. His wife Iryna died of cancer and the authorities didn’t let him go to the funeral for two days. It cannot but be considered as a violation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Belarus is a state party of.

Despite the ‘thaw’, politically motivated criminal persecution still exists in Belarus. For instance, the youth activist Andrei Kim is still behind bars. He is suspected in having beaten a policeman during the protest action of entrepreneurs on 21 January 2008. Besides, the criminal case under article 342, part 1 of the Criminal Code, ‘organization or active participation in the actions that grossly violate the public order’ has been brought against him for participation in another entrepreneurs’ action, held on 10 January 2008. There are 13 more suspects in this case. In February three participants of the democratic action European March received the rulings that they were suspected in malignant hooliganism and damaging the police cars. Besides, the state enterprise Horremautador put a 2 000 000 rubles’ suit against the action organizers – that’s the sum the enterprise wants for cleaning the streets after the action.

In February the entrepreneurs continued holding protest actions. The protesters were punished with fines and imprisonment.

On 21 February the European Parliament unanimously voted the resolution on Belarus calling the Belarusian authorities to release the political prisoners, guarantee the freedom of speech and hold free elections. The EU deputies welcomed the parole to the democratic activists and the permission to open a mission of the European Commission in Minsk. Nevertheless, the resolution also expresses a deep regret that the situation in the field of human rights, democracy and law supremacy in Belarus remains the same. The document reminds that the only conditions for development of relations with Brussels and admission of Belarus to the European political field are the 12 EU conditions for Belarus, voiced in November 2006.

‘The will be no concession for the Belarusian authorities till the trampling of human rights in the country is stopped. It is not enough for Lukashenka to release several prisoners in bargain with us,’ said the deputy of the European Parliament Elisabeth Schroedter in her interview with the Deutsche Welle.

1. Politically motivated criminal cases

The administration of prison #3 sent an official note to Kazulin’s relatives to inform them that he was deprived of parole. In the document it is also stated that Kazulin did not step on the way of correction and behaved bad: he allegedly violated the prison rules for 10 times. Besides, as the minister of internal affairs Uladzimir Navumau stated that Kazulin had no legal right to the short-term leave which had been given to him in connection with the death of wife, because he was officially divorced.

The investigation of the criminal case against the activist of the unregistered organization Initiative Andrei Kim is over. Kim is accused of ‘Violence or threat of violence towards policeman’ (article 364 of the Criminal Code). After he familiarizes with the case materials, it will be passed to court. Kim was detained on 21 January for participation in a peaceful protest action of entrepreneurs and was imprisoned for 10 days for it. However, on 31 January he was not released from jail, but transferred to a pre-trial prison as a suspect in a crime. This restraint was appealed against to Tsentralny district court of Minsk, which on 14 February left it unchanged. The trial was closed. On 19 February this verdict was also upheld by Minsk city court. On 26 February Andrei Kim turned 22 years. His mother was not allowed to meet with him because of the ‘secret of investigation’. The guards accepted only a parcel from her.

Entrepreneurs have addressed the international human rights organization Amnesty International with the call to confess Andrei Kim a prisoner of conscience.

In February the investigative department of the main board of internal affairs of Minsk city executive committee established a special group for investigation of the criminal case concerning organization of the unauthorized mass action on 10 January in Minsk. The criminal case was brought under two articles of the Criminal Code: article 342, part 1 of the Criminal Code – ‘Organization or active participation in group actions that grossly violate the public order’ and article 339, part 2 – ‘Hooligan action, performed by a group of individuals or connected with resistance’. Criminal charges were given to 14 persons: A.Baradzenka, A.Bondar, A.Charnyshou, A.Dubski, A.Kim, A.Koipish, M.Kryvau, M.Pashkevich, V.Siarheyeu, A.Straltsou, M.Subach, T.Tsishkevich P.Vinahradau and M.Dashuk (under age). Actually, befire this each of them served up to 15 days of arrest for participation in the action. Tatsiana Tsishkevich was sentenced even to 20 days.

A criminal case under article 339, part 2 of the Criminal Code – ‘act of hooliganism, performed by a group of individuals’ was brought against Maksim Siarhiyets, Yuliya Subach and Matvei Bialiai (minor). The case concerns damage done to two police cars during the democratic rally European March. The officially stated sum of the damage is 8 691 879 rubles (about 4 000 US dollars).

2. Tortures and other kinds of cruel and inhumane treatment

On 24 January Niasvizh district court found Aliaksandr Kruty guilty under article 368 – ‘Public insult of president’, but abstained from punishment because the actions of the defendant did not present a large threat to the society. Instead, the court ruled to direct Kruty for forced psychiatric treatment against ‘paranoid schizophrenia’. Thus, instead of release he was illegally detained in the pre-trial prison in Zhodzina for three weeks after the verdict was announced, because the court ruled that the restraint could be changed only after his forced placement to a psychiatric hospital.

The conditions which were created for Kruty in the prison can be considered as torture: all this time he was kept in a single cell for life convicts. He was prohibited to read newspapers and books. The relatives weren’t allowed even to pass to him a textbook of the English language. The prison administration paid visits to all cells except for his one.

On 19 February the College Board on criminal cases of Minsk regional court reversed the ruling of Niasvizh district court and dropped the case. Aliaksandr Kruty was released form jail.

3. Freedom of speech and the right to distribute information

In the evening of 11 February the youth activists Dzianis Hancharou, Palina Kuryianovich and Siarhei Rozum were detained for distribution of informational materials about the EU. They were guarded to Tsentralny district police department. There they were made to give explanations. Several hours later they were released. The police composed no violation reports on them.

On 18 February the Economic Court of Vitsebsk oblast rejected the complaint of the closed company ‘Publishing house Vitebskiy Kurier (the editorial board of the Vitebskiy Kurier M newspaper) against Vitsebsk oblast executive committee, which groundlessly refuses to re-register the enterprise. As a result an appeal against this verdict was passed to the same court. The issue of the non-state newspaper VitebskiyKurier M was suspended in spring 2007. Then the publishing house directed to the executive committee a packet of documents for re-registration. At first the executive committee agreed to re-register the publishing house, but later the officials changed their mind, saying that it was because the editorial board hadn’t asked their agreement to location of its office and the office room did not correspond to president’s directive #1 On measures for strengthening the civil security and discipline. In the case the decision of Vitsebsk oblast executive committee is left in force, the non-state newspaper Vitebskiy Kurier M will cease to exist.

Horki district executive committee did not let a member of the Belarusian People’s Front Party Eduard Brokarau issue newspapers. Brokarau wanted to receive a license for advertisement, trade and issue of newspapers. In the answer to his application the chair of the executive committee Mikhail Anikeyeu wrote that three state newspapers were issued in the district and it was enough for informing the population. ‘They know me as an activist of the BPF Party and For Freedom! movement and a man of democratic views. Now they are fighting against democrats with all means possible. They understand that I will never write about their mythic harvests and milk yields. I will write what I see. It is one of my principles. They don’t need the truth,’ commented Eduard.

4. Legal persecution of public and political activists

On 12 February the leader of Salihorsk entrepreneurs Aliaksandr Tsatsura was released from jail after 15-day arrest for collecting signatures for abolishment of president’s decree #760. On 13 February he was summonsed to the road police office and familiarized with the official ruling for annulment of his driver’s license for two years. He was also fined 350 000 rubles (163 US dollars).

On 27 February the court of Minsk district and Zaslauye considered the administrative cases which had been brought against the members of Tsatsura’s family. That day a meeting of entrepreneurs took place in Minsk. Aliaksandr Tsatsura was one of its organizers and was driving to Minsk by his minivan together with his wife, son and an entrepreneur Viktar Kryval. The road police stopped the car, took away Tsatsura’s driver’s license and accused him of driving by the left lane, when the right lane was free. Then Tsatsura and his passengers left the car and went to Minsk on foot. The police forcedly took them to Minsk district police department and detained there for seven hours, accusing them in insubordination to lawful demands of the policemen on duty (article 23.4 of the Administrative Code). Judge Siarhei Afonski found all defendants guilty. Aliaksandr Tsatsura was fined 1 750 000 rubles (about 8 140 US dollars), Tamara and Illia Tsatsura – 1 050 000 rubles (about 488 US dollars) each, and Viktar Kryval (who was serving a 15-day arrest at that time) – 1 750 000 rubles as well.

The police detained Andrei Aliashkevich and Uladzimir Shumilin in the center of Homel, while the activists were handing out leaflets to inform the citizens about a public meeting with the leader of the For Freedom! movement Aliaksandr Milinkevich, which was not permitted by the local authorities. Aliashkevich and Shumilin were guarded to the police station, where about 1 000 leaflets were confiscated from them and administrative reports under article 23.34 of the Administrative Code (violation of the order of organizing and holding mass actions) were drawn on them.

On 12 February both activists were fined 1 050 000 rubles (about 488 US dollars). The youngsters said that they had received the leaflets from the chair of the local office of the United Civil Party Uladzimir Katsora. That’s why the latter was summonsed to the city police department and confirmed having produced the leaflets. A report under article 23.34 of the Administrative Code (violation of the order of organizing or holding mass actions) was drawn on him. Besides, the police searched the UCP office. On 13 February Katsora was tried at Savetski district court of Homel. Judge Aliaksandr Kostsikau found him guilty under article 23.34 and sentenced to 7 days of jail.

5. Politically motivated firings and expulsions from educational establishments

On 15 February the leader of the youth wing of the BPF Party, the head of its cultural commission Franak Viachorka was familiarized with the order of the rector of Belarusian State University for his expulsion from the third year at the journalist faculty because of ‘poor academic progress’ (though the student always received an increased scholarship for his achievements in education). On 16 January Franak was sentenced to 15 days of jail for ‘dirty swearing in public’. While appealing against this verdict he addressed the faculty administration, asking them to witness for him at the trial, but they refused to do it. At first the youth leader wanted to appeal against the expulsion to court, but then followed the lawyer’s advice and decided to try all pre-court instances first. He also directed a letter to the minister of education Aliaksandr Radzkou and stated that during the exams the examination commissions seriously violated point 1.1 of the Regulation concerning term works and exams in high schools, that’s why the marks were non-objective.

On 25 February the member of the BPF Party Ihar Pazharytski was expelled from Horki agricultural academy. He has been dealing with the issue of the non-state bulletin Recha for several years already. Ihar tried to pass one of the winter exams four times and failed to get a positive mark. He was informed that he will have to pass the exam once again, this time to a board of examiners. However, when he came to the faculty to find when the commission would gather to listen to him, he was told that he was expelled. According to the chair of Horki BPF office Eduard Brokarau, nobody has given to Pazharytski any written orders for his expulsion, that’s why he continues coming to classes.

6. Death penalty

On 5 February it became known that three leaders of the so-called ‘Marozau gang’ – Ihar Danchanka, Valery Harbaty and Siarhei Marozau – were executed. The Secretary General of the Council of Europe Terry Davis condemned the new facts of the use of death penalty in Belarus. ‘Of course, Belarus is not a member of the Council of Europe, which abolished death penalty on the basis of protocol #6 of the European Convention on Human Rights, but it is a state member of the UN. However, the execution of Ihar Danchanka, Valery Harbaty and Siarhei Marozau demonstrates a clear neglect towards the recent resolution of the UN General Assembly calling to a global moratorium on death penalty,’ Mr. Davis stated.

7. Freedom of conscience

On 5 February the pastor of the New Life Protestant Church Viachaslau Hancharenka and its lawyer Siarhei Lukanin were summonsed to Maskouski district prosecutor’s office in Minsk because of the refusal of the believers to let workers of housing economy into the church building. The vice-prosecutor D.Zyranau asked Hancharenka and Lukanin to give explanations and warned that the church could be fined under article 23.1 of the Administrative Code in the case of repeated violation and that other measures of reactions could be taken as well.

On 11 February the pastors of more than 40 Belarusian churches of the Association of communities of full gospel Christians applied to Aliaksandr Lukashenka. In their letter they expressed their concerning with the increased pressurization of Protestant churches. A special attention in the letter was paid to the confrontation between the capital’s authorities and Minsk church New Life. ‘In this letter it is said that in the case the authorities continue pressurizing the bishop of our association Viachaslau Hancharenka, its churches reserve the right to take part in actions of civil insubordination all over Belarus,’ Lukanin said. According to him, now Evangelic Christians are ready to proceed from prayers to open actions including political ones.

At the end of February more than 50 000 signatures for amendment of the law On religious organizations and freedom of conscience was passed to the Constitutional Court of Belarus and to the president’s administration. It is a result of many months of work of believers of different Protestant churches within the limits of the campaign for freedom of belief. Among those who collected the signatures there are believers of the association of communities of full gospel Christians, the religious community God’s Church, Minsk church Christ’s Testament and the organizing committee for the establishment of the Belarusian Christian Democracy Party. Signatures were collected in more than 40 towns and cities all over Belarus.

The organizing committee of the campaign For Freedom of Belief! proposes the authorities to establish a working group for elaboration of amendments to the law and restoration of the rights of believers of all confessions.

8. Right to peaceful assemblies

Salihorsk district executive committee banned rallies for protection of social guarantees. The organizers wanted to hold the action in the central square of the town on 2 March. The ban did not surprise the action organizers. One of them, Pavel Batuyeu, commented: ‘Frankly speaking, I didn’t expect anything else from our ‘vertical’. I consider this ban completely lawless and contradictory to the Constitution and the international agreements. Now I have to state that due to prohibition of the rally I decline any responsibility for the possible action on 2 March in the central square. From now on they must bear all responsibility for the events which, probably, will take place in the square on Sunday.’

On 25 February there started the trial over the organizers of the democratic action European March, which was held on 14 October 2007. Yauhen Afnahel, Zmitser Khvedaruk, Viktar Ivashkevich and Anatol Liabedzka are accused of having changed the action route. Another accusation is that the action participants covered with litter their way from Kastrychnitskaya Square to Banhalor Square. The Horremautador enterprise of Minsk city executive committee filed a suit against them worth 2 135 974 rubles (about 1 000 US dollars). The judge Siarhei Barazna announced a break in the trial due to the illness of one of the defendants, Viktar Ivashkevich.

In Baranavichy the authorities prohibited the local entrepreneurs to hold a meeting with representatives of state organs. The meeting was appointed on 28 February, but the officials considered it ‘inexpedient’. However, the entrepreneurs have again addressed Baranavichy city executive committee with the same proposal and demand to give them a room for the meeting. Otherwise they intend to gather on 1 March on the territory of Baranavichy cooperative market.

On 25 March Chyhunachny district court of Vitsebsk tried two democratic activists who were detained during a mournful action connected with the death of Iryna Kazulina, Aliaksandr Kazulin’s wife. Barys Khamaida and Alena Zaleskaya were accused of administrative violation under article 23.34 of the Administrative Code – ‘violation of the order of organizing or holding a mass action’. In the beginning of the trial the judge Ala Bardziukova granted Khamaida’s petition for services of interpreter into Belarusian and postponed the trial to 4 March.

9. Activities of secret services

On 21 February Hrodna oblast KGB office warned the civil activist Edvard Dmukhouski about inadmissibility of actions that grossly violate the public order. Dmukhouski believes that the KGB worker Aleh Zhyvushka tried to psychologically pressurize him. After a talk Zhyvushka made Dmukhouski sign that he was familiarized with the consequences of his possible illegal activities and also informed the activist that in the case of violation under article 342 the materials against him would be passed to the prosecutor’s office.