Monthly Review of Human Rights violations in Belarus - March

One of the traditionally important events of March is celebration of the anniversary of proclamation of the Belarusian People's Republic. 25 March 2009 was the first time in the recent years when the action dedicated to it went on peacefully, without forced disbands and detentions. However, one can't say that everything was alright and the right to peaceful assemblies was not violated. On the day of the event the police and security services conducted a number of preventive searches and detentions in the capital and in the regions of Belarus. In the afternoon the police burst into the apartment of Minsk activist of For Freedom movement Aleh Ladutska and searched it. They also detained the activist of For Freedom Palina Dziakava. The apartments that are rented by the Young Front activists Dzianis Karnou and Valer Matskevich were searched as well. In both cases the police stated that they had received telephone calls about fights in the apartments. In the evening of 25 March Dzianis Karnou and the activist of Young Front Nasta Palazhanka were seized by men in civvies near the metro station Kamennaya Horka. They were forcedly pulled into a car. The mobile telephones were taken away from them. Their eyes were covered with their caps. Then the activists were taken out of the city. Dzianis Karnou was beaten and threatened. Finally, the unidentified persons cut his jeans into pieces. In Homel the police detained the activists of the Conservative-Christian Party Belarusian Popular Front Kastus Zhukouski and Siarhei Tryfanau and accused them of disorderly conduct. The court fined S.Tryfanau and K.Zhukouski was sentenced to three days of arrest. Salihorsk police also detained the activist of the civil campaign For Free Development of Business Alexander Tsatsura on the way to Minsk. In Vitsebsk the activists of the Belarusian Christian Democracy Party Valer Aliaksandrau, Ihar Bazarau and Siarhei Kavalenka were fined by court for coming to Svabody square with white-red-white flag. At the railway station in Minsk the police detained the Russian citizens, representatives of the youth organization Oborona Oleg Kozlovsky, Alexander Savelyev and Maxim Tarlykovand and deported them from Belarus. Preparation to the 25 March action started in advance. The application for sanctioning the action was submitted to Minsk city executive committee on 2 February. The event was organized by the head of the BPF Party Liavon Barshcheuski and his deputies Viktar Ivashkevich, Vintsuk Viachorka and Aliaksei Yanukevich. As said by the BPF head L.Barshcheuski, this year's action had an unprecedented international aspect, as it was held during the official dialogue between the official Minsk and the European Union. V.Ivashkevich said that the main slogan, proposed for the action by the BPF Party was 'Independence Day 25 March: for truth, for justice, for freedom!'

The anniversary of the Belarusian People's Republic was celebrated not only in our country, but also abroad. On 22 March a festive action took place near the UN headquarters in New-York. The Belarusian Youth Movement of America gathered together the young Belarusians from New-York, New-Jersey and Washington under the slogans of defense of the country's independence. At 1 p.m. the solemn opening of the exhibition 'Art against dictatorship' took place at the Belarusian museum in New-York. Earlier this exhibition was exposed at the Estonian Parliament and the headquarters of German Marshall Fund in Washington.

On 24 March in Minsk there was held a press-conference of the international human rights organization Amnesty International, at which the report the report Ending Executions in Europe: Towards abolition of the death penalty in Belarus was presented. Bear in mind that Belarus is the only country in Europe and at the post-Soviet space (after the abolishment of the death penalty by Uzbekistan since 1 January 2008) where death sentences are issued and people are executed. In January 2009 the campaign Human Rights Activists against Death Penalty started in Belarus with the aim to abolish the death penalty in Belarus and thus increase the respect to the common European values. An appropriate petition was prepared by representatives of the country's human rights community. This petition, signed by famous persons and ordinary citizens, will be passed to the Belarusian authorities. The human rights activists of Belarus, as well as the international human rights community, hope that the country's government will proceed to decisive actions aimed at stopping the practice of executions. In order to receive feedback from the public discussion of this issue, the Belarusian Helsinki Committee, Human Rights Center Viasna, the Belarusian PEN-center, the Union of Belarusian Writers and the Belarusian Association of Journalists addressed all those who are eager to express their opinion, calling them to take part in the contest of creative works dedicated to the death penalty. The best works will be put to the web-sites of the organizers and will be included into the appropriate compilation.

The ministers of foreign affairs of the EU agreed to extend the suspension of visa restrictions towards the Belarusian officials for nine month. At the same time, it was decided to extend the sanctions against Belarus for 12 months. According to Karl Schwarzenberg, the foreign minister of Czech, the-now EU presiding country, the reason for it is a complicated situation in Belarus. 'The decision to extend the sanctions together with suspension of the visa restrictions reflects the complex situation in Belarus that could be observed during the latest weeks. Of course, we are concerned with the last cases of human rights violations.


1. Politically motivated criminal cases

On 3 March the figurant of the 'process of 14', Young Front activist Artsiom Dubski was given the official charges under Article 415 of the Criminal Code - 'evasion from serving personal restraint) As said by the lawyer Valiantsin Stefanovich, he does not rule out that in such a way the law machinery continues persecuting youth activists on allegedly legal grounds (for violation of the regime of serving the penalty).

On 9 March another figurant of the 'process of 14', the leader of the Young Democrats Mikhail Pashkevich was issued an official warning for violation the regime of serving his personal restraint term as well. The reason was that on 5 March he came home 20 minutes late as a result of problems with the traffic. If a person thrice violates the regime of personal restraint, a criminal case under Article 415 of the Criminal Code, 'evasion from serving personal restraint) can be instigated.

On 24 March the figurant of the 'process of 14' Alexander Barazenka stated that he had been beaten by the police. On 26 March he was summoned to the head of the criminal-executive inspection of Frunzenski district police department of Minsk Natallia Nikitsenka. She warned him for violation of the regime of personal restraint. It is already the second warning to the activist. If he receives the third one, a criminal case can be brought against him under Article 415, as a result of which he can face three years of imprisonment. Officers of the criminal-executive inspection demanded that A.Barazenka wrote an application concerning his beating by the police. He also submitted a complaint about the incident to the prosecutor's office. Bear in mind that Mr. Barazenka was the last person sentenced to personal restraint for participation in a peaceful action of protest held by the Belarusian entrepreneurs. The matter is that Barazenka was in Poland, studying on Kalinousi educational program and therefore did not stand the trial together with the others. On 9 December the judge of Tsentralny district court of Minsk Natallia Vaitsiakhovich sentenced him to one year of personal restraint without direction to an open penitentiary institution.

On 31 March Vitsebsk human rights activist Leanid Svetsik, one of the founders of the civil human rights association Nasha Viasna, received official charges under two articles of the Criminal Code: Article 131, 'fomentation of national and rational enmity' and part 2 of Article 367, 'libel against the President of Belarus'. The preliminary investigation was conducted by Vitsebsk oblast KGB department. Bear in mind that earlier the human rights activist was suspected under Article 131, but later the court proceedings were suspended. In March the investigation was resumed, as a result of which L.Svetsik was made to give written undertaking not to leave the city.


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

On 11-12 March in Astravets the police examined the apartments of the civil activists, members of the organizing committee of the campaign Astravets nuclear power station is a crime Ivan Kruk and Mikola Ulasevich. The action was sanctioned by the prosecutor. The reason was the information of the head of the district KGB department Shmurei that on 4 March the activists distributed some informational editions in the village of Alkhouka in Astravets district. As said by Mr. Kruk, the 'examinations' were connected to the edition of the small-circulation newspaper Astravetski vesnik, which included materials against construction of the nuclear power station in Astravets.

The main department of internal affairs of Minsk city executive committee answered the complaint of the youth activist Valer Matskevich to Frunzenski district prosecutor's office of Minsk against unlawful actions of the local police. The activist asked the prosecutor's office to conduct a check-up on the fact of unlawful search in the apartment rented by the Young Front activists, including him, Mikola Dzemidzenka and Vadzim Khaniauka, on the eve of the St.Valentine's Day action. During the search the KGB officers confiscated different personal belongings, including computer equipment, information materials and money, without any warrant. According to the information of the press-service of Young Front, in the letter, signed by the head of the main police department of Minsk city executive committee Haidukevich it is stated that the application was considered and there weren't found any violations in the actions of Frunzenski district police department.

On 17 March the prosecutor's office of Pershamaiski district of Minsk answered the complaint against the unlawful actions of the police during the detention and arrest of the Young Front activist Zmitser Khvedaruk on the eve of the politically motivated drafting into the army. On 12 May 2008 Tsentralny district court of Minsk sentenced the activist to ten days of arrest under Article 13.6 of the Process-executive Code of Administrative Violations. The legal term for finding Khvedaruk and making him serve the penalty was three months. However, he was detained eight months after the court verdict, which is a law violation. However, in the official answer of the prosecutor of Pershamaiski district A.Mliava it is stated: 'In the mentioned circumstances there weren't found any significant violations of the demands of the legislation regulating the administrative process in the actions of officers of Pershamaiski district police department. However, further it is written: 'in connection with the violations of Article 13.6 of the Process-executive Code of Administrative Violations the prosecutor's office submitted an informational note to the head of Pershamaiski district police department for taking the appropriate measures on prevention of similar violations in future.

On 23 March Minsk inter-garrison military court refused to find unlawful the actions of military officers and medics during the drafting of Franak Viachorka into the army. On 16 January the head of the BPF Youth Viachorka was forcedly guarded to the military enlistment office from the military hospital, where he was under medical examination. At first the court suspended the case. However, on 30 January the policemen who received orders from persons in civvies seized Mr. Viachorka. At first they took him to the military enlistment office and then - to a military unity in Baranavichy. Despite the fact that the forensic expertise registered the beating of F.Viachorka, who was hospitalized because of a high blood pressure several days after it, the court turned down his lawsuit. Meanwhile, during the trial the military commissioner Aleh Zahurski confirmed that the people who had detained Viachorka worked in the army. However, he stated that they did not beat him and acted in conformity with the legislation.


3. The right to peaceful assemblies

On 15 March, the Constitution Day, members of the BPF Youth held an action that ended with detention of the youth activist Kastus Ivanou. As said by a member of the organization Siarzhuk Karpovich, the youth activist wanted to draw the public attention to the attitude to constitutional rights in Belarus. The police seized Ivanou while he was handing out copies of the Constitution, and guarded him to Chyhunachny district police department of Vitsebsk. There they drew up the protocol of confiscation of the constitutions and in 1.5 hours released the detainee.


4. Reprisals of civil and political activists

On 9 March the judge Axana Sarakhman fined Baranavichy democratic activist Ryhor Hryk for allegedly organizing and holding the spontaneous rally of entrepreneurs that took place on 12 January. In the beginning of the trial the judge declined the petition for admission of Karnei Piatrovich to the trial for representing Hryk's interests. She also didn't let the defendant familiarize with the materials of his case. During the hearings there were discovered a number of process violations, committed by the police officers.

On 14 March the participants of the February flash-mob in Homel, dedicated to the International Day of Mother-tongue, learned that they had been tried in absentia, for violation of the rules of holding mass actions. Zmitser Kutasau and Yauhen Yakavenka were informed about it via mail. As said to journalists by Ya.Yakavenka, in the court ruling it is stated that the trial took place on 4 March. The activist is quite surprised why he is informed about it ten days after. He thinks that it was done to deprive him of the opportunity to appeal against the court verdict. Tsentralny district court of Homel fined Z.Kutasau 1 050 000 rubles (about $371) and Ya.Yakavenka - 700 000 (about $247) rubles. Before this five other participants of the flash-mob (including two journalists) stood trial as well.

On 27 March the court punished Vitsebsk democratic activists for participation in the Freedom Day action: the member of the Conservative Christian Party Belarusian Popular Front Siarhei Kavalenka was fined 700 00 rubles, Ihar Bazarau and Valer Aliaksandrau - 70 000 rubles (about $25)each. The activist just came to Svabody square with white-red-white flags. The judge of Kastrychnitski district court Alena Kadzilava found them guilty in holding an unsanctioned rally. S.Kavalenka received punishments for it before, while for V.Aliaksandrau and I.Bazarau it was the first time.


5. The right to association

On 11 March the Supreme Court of Belarus turned down the lawsuit of the social-patriotic civil association (SPCA) Horizontal against the Ministry of Justice concerning the registration denial. It is already the second complaint against the decision of the Ministry of Justice not to register the organization. One of the founders of Horizontal Valer Ukhnaliou stated that the organization activists intended to continue the attempts to get registered and would hold the third constituent assembly of the organization for it.

On 11 March the information About the registration denial to the civil human rights association 'Nasha Viasna'. On 19 March the complaint against the non-registration was filed to the Supreme Court. On 12 March the Helsinki Committees of Sweden, Norway, Moscow and Belarus adopted a joint address to the Belarusian authorities, calling on them to review the decision on registration of Nasha Viasna. According to the Helsinki Committees, the reasons for non-registration of the NGO that were presented by the Ministry of Justice are inconsistent. In the address it is also stated that 'the establishment of free conditions for legitimate activities of human rights groups would demonstrate that Belarus is ready to create space for civil society engagement and to undertake concrete steps toward improving respect for human rights.'

On 29 March the third constituent assembly of the civil human rights association Nasha Viasna took place in the office of the BPF Party in Minsk. The assembly was attended by human rights defenders, lawyers and civil activists. 82 representatives from all regions of Belarus became co-founders of the human rights organization. As stated by the elected chairman of Nasha Viasna Ales Bialiatski, the third attempt to obtain the state registration for the organization will be the last.

On 23 March the college board of Minsk city court on civil cases turned down Viktar Karneyenka's lawsuit against the refusal of the Ministry of Foreign Affairs to re-register the Civil Initiatives NGO. Minsk city court agreed with the ruling of Leninski district court of Minsk, according to which the former head of Civil Initiatives Viktar Karneyenka cannot represent the interests of the organization, because he is not the chairman of the organization after its liquidation in 2003. By the way, it is the Ministry of Foreign affairs that is responsible for implementation of the international laws on the territory of Belarus. Three years ago the UN Human Rights Committee proposed the Belarusian authorities to re-register the NGO that had been liquidated six years ago and pay compensation to its members of liquidation of the organization. Thus, Minsk city court does not see any need in implementations of the UN decisions.


6. Freedom of expression and the right to disseminate information

On 17 March the judge of Leninski district court of Hrodna Natallia Kozel fined the activist of the oppositional Union of Poles in Belarus, journalist of Gazeta Wyborcza Andrei Pachobut 525 000 rubles (about $185) for participation in an unauthorized action on 17 January. This day several hundreds of the UPB Members gathered near the Polish House, where a sitting of the pro-governmental Union of Poles was taking place. However, the police prevented them from entering the building. In 2.5 months reports about administrative violations were drawn up against three activists of the oppositional Union of Poles - Ihar Bantsar, Andrei Pachobut and Mechyslau Yaskevich.


7. Politically motivated dismissals from job and expulsions from educational establishments

On 25 March Maryiana Hruzdzilovich was suddenly dismissed from the position of a teacher at a branch of the British educational center SOL Minsk. The reason was a fabricated letter, allegedly sent by a group of parents, in which it was stated that the teacher was dealing with oppositional propaganda among pupils. By the way, it was impossible to collect parents' signatures under the letter, as the classes, at which the teacher reacted to a disgraceful saying of a pupil about participants of 25 March action, ended at 9 p.m., and the following morning the administration of the educational center received the letter concerning this incident. Maryiana also made telephone calls to the parents to ensure that they had received no telephone calls and there were no talks about complaining against her. Only later did the teacher found, that the father of the 'insulted' pupil was a police colonel.

Meanwhile, after dissemination of information about her dismissal, on 31 March the teacher Maryiana Hruzdzilovich was rehabilitated at work. When he came to the school to take away her service record, the main accountant of the educational center familiarized her with the ruling, by which her dismissal was reversed. The woman knew nothing about the reasons for such decision of the administration of the educational establishment.

At the end of March the Young Front activist Ivan Shyla was denied the opportunity to take his last school exam in order to get the certificate of secondary education. His father Uladzimir Shyla was informed about it in the General Headquarters of the Armed Forces of Belarus. Bear in mind that Ivan Shyla was expelled from school right before the last exam. Earlier the administration of the military unit where he is serving promised to give him a leave on 1-12 June for taking the exam. However, now representatives of the general headquarters state that 'according to the legislation it is impossible to give the soldier of statutory service, private Ivan Shyla the opportunity to take the exams for the course of the secondary education on 1-12 June'. 'The Young Front activist is serving in Lepel district of Vitsebsk oblast, in anti-aircraft artillery unit #29. After taking the oath I.Shyla was taken to hospital: he was ill with quinsy, which resulted in a complication - otitus.