Monthly Review of Human Rights violations in Belarus - February

In February the police disbanded two peaceful democratic actions: on 14 February - in honor of St. Valentine's Day and on 16 February - an action of solidarity with political prisoners and the families of the missing political and civil activists. Some of their participants had to apply to medical institutions for aid. No one was detained.

The youth activists Zmitser Khvedaruk, Ivan Shyla and Franak Viachorka who had been forcedly drafted into the army in January got to hospitals, which witnesses the falsification of the medical conclusions according to which they were declared fit for military service. Zmitser Khvedaruk even was even operated. However, the complaints to court against the drafting have given no result so far.

Politically motivated criminal persecution continued as well: a criminal case for evasion from serving of penalty has been brought against Maxim Dashuk, one of the convicts in the 'process of 14' (the case had been brought against 14 participants of a peaceful protest action of entrepreneurs in the center of Minsk).

On 8 February the new Law On mass media came into force. The democratic community has already called it 'draconian'. International organizations, in their turn, called the Belarusian authorities to put the law in line with the international standards. According to the first deputy minister of information Liliya Ananich, the new law on mass media 'considerably simplified the registration of editions' and 'established a precise mechanism of responsibility'. Meanwhile, according to Article 54 of the law all mass media that were registered by the Ministry of Information before 8 February 2009 must undergo re-registration till 9 February 2010. It means that the authorities can refuse to issue new licenses to 'undesirable' editions. At present it does not concern the internet resources, the activity of which will be regulated by rulings of the Soviet of Ministers. Mass media are also prohibited to receive financing and property from foreign legal and physical bodies, people without citizenship and anonymous sources. The work of journalists for foreign mass media on the territory of Belarus without accreditation is banned.

On 4 February there took place the round table Legislation on mass media as a factor of development of the national informational space, organized by the Ministry of Information and the Belarusian Association of Journalists. The event was attended by state officials, the OSCE, representatives of the European Commission and journalists. It was the first time when such a discussion took place, and it was quite sharp. A special attention was paid to the new Belarusian law On mass media. The fist deputy head of the presidential administration Natallia Piatkevich stated that the 'fever around the new law on mass media is in many respects wire-drawn and artificial'. Independent experts and representatives of non-state media tried to raise some daily issues. Commenting on the round table, some of its participants stated that it was organized in order to show to the EU the readiness of the authorities to dialogue with the society. At the same time, 11 largest non-state socio-political editions are still not distributed by the state monopolists Belsayuzdruk and Belposhta.

Besides, on 25 February Maskouski district court of Brest found issue #7-8 of the ARCHE magazine 'extremist materials that must be destroyed'. On the eve of the hearings the International Federation of Journalists submitted a letter to the president, the prosecutor general and the head of the KGB. On 27 February the international organization Reporters Without Borders condemned the court verdict in its public statement.

On 19 February the official visit of the delegation of the EU with the High Representative for the Common Foreign and Security Policy of the EU, the secretary-general of the EU Council Javier Solana took place. The delegation met with the president Alexander Lukashenka, the minister of foreign affairs Siarhei Martynau and other high officials. However, the meeting with representatives of the civil society was held first. In his speech Mr. Solana pointed that the EU intended to make Belarus a part of the Eastern Partnership program aimed at development of relations with Azerbaijan, Georgia, Moldova and the Ukraine. However, this could happen only if the official Minsk would implement the EU demands on democratization of the Belarusian society.

On 20 February the six-hour visit of a group of deputies of the EU Parliament headed by Christopher Beazley of the UK, a member of the Committee on Foreign Affairs took place. The delegation also included Laima Liucija Andrikiene of Lithuania, who initiated the visit, Jose Javier Pomes Ruiz of Spain, and Jacek Protasiewicz of Poland, who chairs the European Parliament's Delegation for Relations with Belarus. It was not an official visit, as the delegation did not receive the official confirmation for holding negotiations with Alexander Lukashenka and Siarhei Martynau. During this visit the delegation of the European People's Party of the European Parliament met with the Ambassadors of the European countries, representatives of democratic forces and officials of the Ministry of Foreign Affairs. In the evening a press-conference was held at the Representation of the European Commission in Belarus. In general, the European deputies praised the present development of the contacts between Belarus and Europe, but pointed that the futures of the Belarusian-European dialogue depended on the situation of human rights in Belarus. The results of this visit can also influence the EU decision concerning the renewal or abolishment of the sanctions against a number of the Belarusian officials with Alexander Lukashenka at the head. The resolution on Belarus will be adopted by the European Parliament in the beginning of April.

The US Department of State presented its yearly report about the situation of human rights in the world. The document considers the situation of the internationally recognized individual, civil, political and labor rights, mentioned in the Universal Declaration of Human Rights of the United Nations Organization. According to the report, the situation of human rights in Belarus remained rather bad and the state authorities continued frequently and seriously violating human rights.


1. Politically motivated criminal cases

On 23 February the police detained Maxim Dashuk, one of the convicts in the 'process of 14'. He came to Maskouski district police department of Minsk together with his lawyer, on an official writ, and received charges under Article 415 of the Criminal Code for evasion from serving the punishment (within the frames of the 'process of 14' Maxim had been sentenced to personal restraint without direction to a penitentiary institution). According to the police, Dashuk has already received several warnings for violation of the regime, prescribed by this kind of punishment. The activist was detained and taken to the remand prison in Akrestsin Street for the night. In the morning he was guarded to the prosecutor's office. The prosecutor changed the restraint to him to a written undertaking not to leave the city. Maxim commented: 'All warnings were issued to me because of my absence in the apartment in the due time. I was allowed to leave it only for two hours a day, but I needed to help my mother, as the father had died in April. I have no work, because I am under age, and have no Minsk residence registration.' Maxim was not told when the case would be passed to the court. 'Probably, it will take 2-3 months during which I will be under home arrest', he says.

Bear in mind that in May 2008 for participation in a protest action of entrepreneurs the under-aged Maxim Dashuk was sentenced to 18 months of personal restraint without direction to a penitentiary institution.


2. Persecution of political and civil activists. Activities of security services

Though they have taken the oath on 7 February in the military units in Zhodzina and Mezhytsa (Lepel district), the Young Front activists Zmitser Khvedaruk and Ivan Shyla intend to go to the law against the forced recruitment and will demand the annulment of the rulings for their draft. 'I am going to come through all court instances, including the international ones, if necessary', said Ivan Shyla after taking the oath. 'It's my principled position and I will not refuse from it'.

On 24 February Zmitser Khvedaruk was operated on vein at the main military hospital of the Ministry of Defense of the Republic of Belarus. Earlier, during the medical examination in the army, it was found that the youngster had a varix dilatation of a vein. At first the operation was scheduled for 14 April because of the lack of places in the hospital, but then the medics changed their mind.

On 20 February Salihorsk town court ruled to pass Ivan Shyla's complaint against the actions of the military enlistment office during his drafting to Lepel inter-garrison military court. The activist's parents appealed against this decision to Minsk oblast court, but if this court will not reverse the ruling of Salihorsk town court, Ivan Shyla will have to defend his rights without the assistance of lawyers. His father thinks it will be quite hard for him in such a situation.

The prosecutor's office confirmed the fact of beating of Franak Viachorka on the day of drafting. On 24 February his father Vintsuk Viachorka received from Minsk inter-garrison military prosecutor's office an answer to his complaint of 29 January, addressed to the Belarusian military prosecutor. In his answer the prosecutor refuses to bring a criminal case against the officers of Savetski district military enlistment office of Minsk and of the main military clinical center #432 concerning the use of physical violence and excess of the duty powers. At the same time, the prosecutor's office forwarded to the investigative organs materials concerning the use of physical violence against Franak Viachorka by the police (including the unidentified 'people in civvies').

On 26 February the judge of Minsk city court Natallia Zhupikava considered the cassation complaint of Franak Viachorka and left in force the verdict of Savetski district court of Minsk, according to which his draft into the army was found legal. At the trial Vintsuk Viachorka and Franak's lawyer spoke about the bold violation of the Law On military duty and military service and the Civil Process Code by Savetski district court. It's quite interesting that two different versions of the minutes of the sitting of the drafting commission have been attached to Viachorka's case. The documents about the activist's examination at the military hospital contain no information about his blood pressure and the ophthalmologist 'examined' him without seeing.


3. The right to peaceful assembly

Homel oblast executive committee did not authorize the assembly of NGOs and initiatives of Homel oblast within the limits of preparation to the Assembly of NGOs. According to the deputy head of Homel city branch of the Belarusian republican association Legal Initiative Uladzimir Katsora, at first the head of the House of creative work of children and youth Yunatstva gave oral agreement for accommodating the action at the house, but later refused to provide the accommodation without explanation of the reasons (he said he could not do it over the telephone). By the way, the House of creative work belongs to the culture department of Homel oblast executive committee.

On 14 February the police violently disbanded the traditional action in honor of St.Valentine's Day. Though the event was not sanctioned by the authorities, about one hundred of youngsters took part in it. As a result of the police violence three participants of the action applied to hospitals for medical aid. Activists of the Young Front complained to the Ministry of Internal Affairs and to the prosecutor's office against the groundless use of violence by the law-enforcement agencies. Belarusian human rights activists, indignant at the actions of the police, adopted the statement in which they called the authorities to implement the international undertakings and stop using violence during disbandment of peaceful actions.

Vitsebsk city executive committee did not let the representative of the Belarusian Helsinki Committee Pavel Levinau hold a picket against violations of civil rights by the police. The action was dated to the Police Day, 4 March. In the answer of the authorities is stated that such action 'would hinder the movement of passers-by near the Summer Amphitheater'. Mr. Levinau was also reminded that it was prohibited to hold any mass actions in the center of Vitsebsk, as the city administration had defined only some places at the outskirts for it. Pavel Levinau considers it inexpedient to hold civil actions in such desolate places. That's why applied to the court five times against the city officials who prohibited holding pickets in the center of the city, but it gave no result. Nevertheless, after the last refusal he applied to the court for the sixth time.


4. The freedom of conscience

In February two Danish priests were deported from Belarus. According to the decision of the migration service of Savetski district police department of Homel, they are prohibited to enter Belarus for one year. According to the official information, Rolf Bergen and Erling Laursen were in the country on a short-term mission, during which they 'tried to conduct illegal religious activities in a prayer house of a protestant community'. The Danish citizens are going to appeal against the decision of the migration service. In the interview to the BelaPAN Bergen and Laursen said that they came to Belarus to meet with their friends, believers of the protestant church Living Faith. They have maintained contacts that had been established thanks to joint humanitarian projects. On 7 February both Danish citizens attended a divine service in a church and were detained by the police after it.

On 20 February Lelchytsy district court issued the verdict on the administrative case against the priest of the local catholic parish Vital Myshona. The district architect drew a report on the priest for 'installment of a cross without permission'. Before this, in January the head of Lelchytsy district geodesic and land service prescribed the priest either to dismantle the cross or to complete the legal procedures necessary for the issue of a piece of land for it. As a result the priest was fined 105 000 rubles (about $37) for non-implementation of the prescription.

Bear in mind that in October 2008 the local authorities allowed the installment of Catholic cross at the entrance of Lelchytsy. However, later the officials of Lelchytsy district executive committee started putting additional conditions to the priest.


5. Arrests, detentions and fines to civil and political activists

On 3 February Tsentralny district court of Homel fined Andrei Tsianiuta for participation in an unauthorized action and resistance to the police 2.8 million rubles (about $1 000) Vasil Tokaranka was fined 1.75 million rubles ($625) and Kastus Zhukouski (who videoed the action) - 3.5 million rubles ($1 250).

On 13 February Leninski district court of Minsk fined Mikola Dzemidzenka 1 225 000 rubles (about $437) and Zmitser Dashkevich - 1.4 million rubles ($500) for participation in an unauthorized action.

On 21 February, the international day of native language, Homel youth held a flash-mob in defense of the Belarusian language. The police detained its participants. Tsentralny district court of Homel sentenced Kastus Zhukouski was sentenced to 7 days of imprisonment. Marysia Tulzankova, Ales Viartseika and the journalists Zmitser Karmazin and Aleh Ryzhkou were fined 700 000 rubles ($250) each, and Vasil Tokaranka - 1.75 million rubles ($625).The judge Damnenka declined the petitions of the accused for leading the trial in Belarusian.


6. The right to association

On 19 February the head of Baranavichy department of the disgraced Union of Poles in Belarus Teresa Selivonchyk was warned by the prosecutor's office about the possibility of criminal punishment for activities on behalf of unregistered organization. According to the member of the main council of the UPB Andrei Pachobut, it is the first case when the authorities decided to use Article 193.1 against members of the organization. He states that open pressurization of the UCP members suddenly started on the whole territory of Belarus with the aim to make them refuse from participation in the organization activities.

At the end of Homel oblast justice department issued a warning to the youth local history organization Talaka for the use of unregistered symbols at its web-site and ads, distributed in the city. The head of the organization Larysa Shchyrakova believes that the warning could be connected to the intensification of the organization activities: 'Each month we organize one or two meetings with writers, poets and other creative people who are under, so to say, official prohibition. It is simple pressurization, an attempt to intimidate our organization for its activities.'


7. The freedom of expression and the right to disseminate information

On 24 February Homel oblast prosecutor's office issued a warning to the member of the Belarusian Association of Journalists Tatsiana Bublikava for 'activities for the TV Company BelSat that broadcast to Belarus from the territory of Poland'.

On 7 February Chavusy district court turned down the lawsuit of the editor of the non-state Krychau small-circulation newspaper Volny Horad Siarhei Niarouny and the founder of the newspaper Uladzimir Kudrautsau against the insult of their honor, dignity and business reputation in the state newspaper Leninskiy Klich. The trial of the case lasted for more than a year. The reason for the lawsuit was a series of feuilletons in Leninskiy Klich. The linguistic expertise of the articles confirmed that in some cases these feuilletons contained libel. Nevertheless, the judge Alena Karalko decided to refuse to the plaintiffs because 'the resemblance between the characters of the feuilletons to the plaintiffs was not established'.

On 25 February the judge Tatsiana Miraniuk, deputy head of Maskouski district court of Brest, granted a lawsuit of Brest oblast KGB department and ruled to find issue #7-8 of the ARCHE magazine 'extremist and liable to destruction'.

Bear in mind that on 24 October 2008 on the border crossing point in Brest the customs officers confiscated ten copies of the magazine from one of its authors Ales Pashkevich. On 30 December 2008 Brest oblast KGB department filed a lawsuit to the court, where it was stated that 'as a result of analysis it was established that the magazine contained the information that discredited the activities of the power organs of the Republic of Belarus, escalated the social and political tension and confrontation in the society and stimulated the actions aimed at organization of mass riot, thus creating danger to the security of the Republic of Belarus'.

The head of the Belarusian Association of Journalists Zhana Litvina commented: 'The greatest number of questions is caused by the fact that the court issued the verdict as a result of a closed trial and without the appropriate expertise. For me it witnesses the wish to conceal the essence of the trial from the public. The situation looks even more absurd if we take into consideration that ARCHE is a legally registered edition and the only Belarusian media that got invited to the net of the European intellectual magazines Eurozine. It is a rude crackdown on the freedom of expression instead of respect to the civil right to receive information.'