Monthly Review of Human Rights violations in Belarus - May

In May several mass actions took place, all of them under the vigilant surveillance of the police. In particular, on 7 May an action marking the tenth anniversary of disappearance of the oppositional politician, ex-minister of interior Yury Zakharanka was held in the center of Minsk. Some of the activists were detained on the eve. The haunting also continued in different parts of Minsk after the action. All in all, about 30 people were detained. The detainees were pulled into busses where they were insulted and beaten by the police. As written by Maxim Serhiyets in his complaint, the policemen humiliated and threatened him. They took away his mobile phone and then hit in stomach with hands and feet and smothered him. These actions were accompanied with four-letter words. One of the policemen seized the activist by the coat and tore it. When Mr. Serhiyets was thrown down on the bus floor, one of the policemen walked on his back. Other detainees also lied down on the floor and were beaten. Then all detainees were guarded to Tsentralny district police department. In several hours they were let go without being explained the reasons for detention. No reports were drawn up.

On 7 May the police detained the activists of Brest Young Front branch Mikhas Iliin and Kasia and Yulia Pashko who were heading to an action in the memory of Yury Zakharanka. In Homel an action in the memory of Yury Zakharanka was held near Homel oblast police department. At the end of May reports of administrative violation were drawn up against its participants - the head of Homel oblast branch of the United Civil Party Vasil Paliakou, the human rights activist Anatol Paplauny, a regional coordinator of the For Freedom movement Uladzimir Katsora and the civil activists Yury Zakharanka and Piatro Kuzniatsou. The day before the action two policemen also came to Katsora's apartment and asked him to sign that he was warned about responsibility for possible violations of the law, but the activist refused to do it. On 14 May the Young Front held the peaceful march For Independence to protest against the replacement of the state symbols after the 1995 referendum. This day preventive detentions took place in the regions of Belarus. The riot police encircled the action participants in Kastrychnitskaya Square in Minsk, took away from them a banner For Independence and white-red-white flags and tried to push them out of the square. The policemen used violence during it, kicking the action participants including the girls who sat on the asphalt in protest.

In May the public attention was focused on the situation of the arrested entrepreneurs from the town of Vaukavusk - Uladzimir Asipenka, Mikalai Autukhovich and Yury Liavonau. All of them are under investigation and are charged with intentional arsons and damage of property, which they deny. All of them have health troubles. Mikalai Autukhovich is in medical department of the pre-trial prison, as he has been on hunger-strike of protest since 16 April. He demands that his case either be passed to court or the restraint to be changed to all three accused. On 4 May the Young Front initiated a hunger-strike of solidarity. The entrepreneurs Ales Makayeu and Siarhei Parsiukevich, the youth activist Andrei Kim, the ex-candidate for presidency Alexander Kazulin, the politicians Liavon Barshcheuski, Mikhail Marynich, Mikola Statkevich, Mikhail Marynich, the youth activists Nasta Palazhanka, Andrei Tsianiuta, Mikola Dzemidzenka, etc. have taken part in the action. M. Autukhovich passed his gratitude though his attorney Pavel Sapelka and asked the people to stop the hunger-strike, because their 'health and youth are necessary to continue the struggle for democracy'.

In May Belarus joined the program of the European Union Eastern Partnership. As stated to journalists by the chairman on foreign affairs of the European Parliament Yacek Sariusz-Wolski, the EU expects from Belarus reform of the electoral legislation, the Criminal Code, the laws on mass media and change of the attitude to NGOs, religious organizations, civil society and opposition. According to him, the development of relations between Belarus and the EU will depend on progress in realization of these reforms.


1. Administrative detentions and punishments to civil and political activists

On 7 May the rock-band Lyapis Trubetskoy played live in the League club in Mahiliou. The concert ended with detentions. When the musicians started singing the song Freedom Belarus, the youth unfurled white-red-white flags. The police burst into the hall, detained Vital Markau, Stanislau Senakosau and Alexander Tsitou and guarded them to the police station. Explanations were taken from the detainees. The policemen refused to issue to them copies of the detention reports. After the concert the police also detained and searched the people who had national symbols on their clothes and bags.

On 12 May in Nezalezhnastsi Avenue in Minsk the police detained the Young Front activists Viktoryia Ladzis and Pavel Kuryianovich for distribution of informational leaflets with calls to come to For Indepence march. They were guarded to Pershamaiski district police department. Viktoryia Ladzis was released in three hours as she was under-age. A violation report was drawn up on Pavel Kuryianovich. He was kept at the police station till trial. On 14 May Pershamaiski district court of Minsk fined Pavel Kuryianovich 350 000 rubles (about $126) under Article 23.34 of the Administrative Code, 'violation of the rules of organizing and holding mass actions'. On 12 May Salihorsk town court fined the local Young Front activists Krystsina Samoilava 700 000 rubles (about $252), Hleb Snorkin - 350 000 rubles (about $126) and Illia Nahorny - 525 000 rubles (about $189). The judge Burautsou demonstrated in the court hall the white canvas with the inscription 'School for All'.

The youth activists who had unrolled the banner in the center of Salihorsk on 5 May to protest against the unlawful drafting of their friend Ivan Shyla into the army before passing his last school exam. Later Ivan's under-aged brother Illia, who was taking photos of the action, was also fined 1 750 000 rubles (about $630) by the administrative committee.

However, the action seems to have given some results: the Ministry of Education appointed the exam to I.Shyla on 9 June and the Ministry of Defense made an exception and permitted him to sit the exam (earlier the military refused to do it).


2. Right to association

On 12 May the Ministry of Justice denied the state registration to the Belarusian Christian Democracy Party. The official reason is that the documents that had been passed for registration contained inaccurate information. Some founders of the party could not tell the place and the date of the assemblies that they had allegedly attended, the number of the present people and the surnames of the delegates who were elected to the constituent assembly. According to the official answer, the documents also contain other violations. Bear in mind that on 15 April BHD had been denied registration, but the decision was suspended in connected with application of a number of founders of the party to the Ministry and alleged receiving by it some new information that could influence the decision on registration. At that time the BHD co-chairman Pavel Seviarynets stated to the BelaPAN that the BHD would be doubtlessly denied registration as the authorities were afraid of legalization of a party that worked with educational establishments and the church.

In May the Ministry of Justice denied registration to the civil association Young Social Democrats - Young Hramada. The registration denial was motivated by the non-compliance of the organization charter to the legal requirements: in particular, the charter does not determine the limits of the use of the NGOs' property, does not describe the order of acceptance of members and the order of appealing against the decisions of the NGOs governing organs. The aims of activities of Young Social Democrats - Young Hramada set forth in the charter allegedly don't meet the requirements of the Belarusian legislation either.

On 21 May Hrodna oblast court considered the lawsuit of Hrodna oblast branch of the BPF Party against its non-registration. The judge turned the lawsuit down and left the decision on non-registration of the party organization in force.

On 28 May representatives of the civil human rights association Nasha Viasna received from the Ministry of Justice the ruling On denial of the state registration to the civil association. Human rights defenders consider the reasons for the registration denial unlawful and state that the decision of the Ministry of Justice is politically motivated and discriminative. They also stated their intention to appeal against it at the Supreme Court despite the fact that it in 2007 and 2009twice upheld similar rulings of the Ministry of Justice.


3. Politically motivated criminal cases

The international human rights organization Amnesty International declared the participants of the 'process of 14' prisoners of conscience. Amnesty International is convinced that the youngsters were punished for exercise of their right to peaceful assemblies and freedom of opinion. In its information Amnesty International calls the names of 11 participants of the 'process of 14' who are serving terms of personal restraint. At present they are practically under home arrest, under vigilant surveillance and can be imprisoned even for a slight violation. In his address Nicola Duckworth, Europe and Central Asia Program director at AI calls the prosecutor general of Belarus to free the participants of the protest action from punishment and investigate into the fact of beating of Alexander Barazenka by a police officer on 23 March. In connection with this fact Amnesty International demands from the office of prosecutor general to control the actions of the policemen who are responsible for control of observance of the punishment conditions and ensure the fair treatment of the aforementioned 11 persons.


4. Freedom of conscience

The legal proceedings between the New Life church and the authorities concerning the dismantlement of the building in Karaliou Street 72 in Minsk have lasted since 2005. In January 2009 the Supreme Court confirmed the legality of the ruling of Minsk city executive committee on confiscation of the piece of land with the following buying out the building from the church for 37.5 million rubles. On 16 April Minsk CEC in written form proposed the believers to discuss the question of building of a new building on another piece of land (about 0.4 hectare, four times smaller than the one they have in Karaliou Street). On 5 May the believers unanimously voted against it, explaining their position with a number of material complications and the protraction with building of the new temple. Meanwhile, in his letter of 14 May the director of Maskouski district housing economy of Minsk Zmitser Shashok proposed that the church vacated its building by 1 June. In its answer the administration of the church community stated about the intention of the believers to stay in the building.


5. Persecution of human rights defenders

On 15 May Vitsebsk oblast prosecutor's office passed to Vitsebsk oblast court the criminal case that was brought against Vitsebsk human rights activist Leanid Svetsik under Article 130, part 1 of the Criminal Code. The trial will start on 10 June and will be lead by the judge Halina Urbanovich. Bear in mind that at first L.Svetsik was charged under two articles of the Criminal Code: fomentation of racial, national or religious enmity (Article 130 of the Criminal Code) and defamation of the president of Belarus (Article 367). Later the investigation dropped the charges under Article 367 because of absence of evidence. The human rights defender had to give written acknowledgement not to leave Vitsebsk. Leanid Svetsik pleads innocent and considers the criminal case to be revenge for his human rights activities.


6. Politically motivated dismissals from work and expulsions from educational establishments

On 28 May the regional activist of the Young Front Piatro Ruzau was expelled from Baranavichy State University for 'violation of the internal regulations' after he had been detained for graffiti 'Freedom to Autukhovich' on the building of Baranavichy meat processing and packing factory. The expulsion received a great covering in the media. The day after the expulsion the student received a telephone call from the dean's office and was invited for a talk. The rector S.Khachurka said he revoked the order for expulsion till next detention. Piatro Ruzau thinks that the reason for his rehabilitation at the place of study was the media resonance. 'The rector was dissatisfied that this case was elucidated by mass media, journalists called to the dean's office, etc. He said that I was discrediting and humiliating the university. Such active reaction of the media helped me a lot,' he said.


7. Right to peaceful assemblies

On 25 May in Lida the court punished the participants of the anti-nuclear action that took place on 25 April. The activist of the Young Front Hanna Bunko was fined 70 000 rubles (about $25) and the activist of the European Belarus Yauhen Rudy was warned.

Earlier Yauhen Skrabets was sentenced to one day of imprisonment for participation in the action.

Brest city executive committee did not grant the application of Brest oblast organization of the United Civil Party for picketing dated to the tenth anniversary of disappearance of the ex-minister of interior Yury Zakharanka. According to the head of Brest oblast UCP Mikalai Koush, by means of this action the political activists intended to draw the public attention to rude violation of the constitutional rights and liberties and persecution of the regime's opponents. The applicants were going to hold the picket in Locomotive stadium that had been determined by Brest CEC for mass actions. However, the action was banned, allegedly because a football tournament would be taking place at the stadium at the time of the action.


8. Freedom of expression and the right to distribute information

On 6 May Mahiliou oblast court considered the cassation complaint of the editor of the independent Krychau newspaper Volny Horad Siarhei Niarouny and its founder Uladzimir Kudrautsau against the ruling of Chavusy district court of 17 February. The College Board on civil cases, presided by the deputy head of Mahiliou oblast court Sviatlana Stelmakhova upheld the verdict of the inferior instance on turning down the lawsuit of Volny Horad against the state newspaper Leninskiy Klich on protection of honor, dignity and business reputation. The editor of Volny Horad is convinced that it is a politically motivated decision. 'Now we will publish in Volny Horad detailed information about the legal proceedings including the documents and speeches so that the readers could discriminate in everything on their own,' commented S.Niarouny. Bear in mind that the reason for the lawsuit was a series of feuilletons, published in 2005-2007 in the newspaper of Krychau town executive committee Leninskiy Klich. The authors of this pasquinade deliberately distorted facts from the life of oppositional activists in order to besmear them in the eyes of common people.

On 18 May a freelance correspondent of the non-state newspaper Bobruiskiy Kurier asked for a meeting with the head of the department of architecture and municipal engineering of Babruisk town executive committee on the errand of the editorial board. The official, who used to give information to Bobruisk Kurier, refused to meet with the journalist and said that at one of the recent counsels they were ordered not to give any information to Bobruiskiy Kurier. The journalist was proposed to apply to the ideological department with all questions.

On 27 May the democratic activist Ales Zarembiuk received an answer from Masty town executive committee to his application. The officials wrote that they could not provide any premises for a meeting of the editorial board of the non-state newspaper Nasha Niva with its readers. No motivation was given for it.

On 29 May Biaroza district court issued an oral warning for 'violation of the public order during mass action' (Article 23.34 of the Administrative Code) to the correspondent of Radio Racyja, human rights defender Tamara Shchapiotkina. She was detained on 26 April in the town of Biaroza on way home from the action Candle of Memory marking the 23rd anniversary of Chernobyl accident. A violation report was drawn up on her. At the trial T.Shchapiotkina argued that she was implementing her professional duties at the action. However, her journalist certificate was expired at the moment of detention. The court ignored the evidence confirming that she was working for Radio Racyja.

In May Kletsk activist Siarhei Panamarou received an answer from the local prosecutor's office to his complaint, in which he drew the fact of detention of journalists and confiscation of equipment for shooting a video in the center of Kletsk. In the answer the investigator of the prosecutor's office Kanapatski confessed that the policemen of Kletsk district police department had committed a number of violations of the administrative-process legislation of Belarus and informed Mr. Panamarou that the prosecutor of Kletsk district submitted to the police department the demand for applying disciplinary punishment to them.


9. Activities of secret services and persecution of civil and political activists

In the middle of May KGB officers paid a visit to the faculty of journalism of the Belarusian State University. The activist of the Young Front, student Nadzeya Piakarskaya was summonsed to the dean's office for a talk that lasted for 90 minutes. 'During all this time the KGB officers were trying to incline me to collaboration with them. They proposed to inform them about the activities of the Young Front and promised to solve all my problems for it, for instance - to find me a job after graduation from the university,' said Nadzeya. The name of one of the visitors is Yury Salauyou. Another talk with the student was held by the dean of the faculty S.Dubovik. He received information from the police about her detention during the 7 May action and demanded explanations. Being answered that her activities outside the university were not his business, the dean threatened the activist with expulsion if she would be detained again.


10. Incarceration conditions in prisons

The arrested entrepreneur Mikalai Autukhovich who has been on a hunger-strike against the lawlessness and self-will of the investigative agencies and absence of the prosecutorial surveillance over the investigation of his case, has been transferred from the medical department of the investigative isolator to the republican prison hospital because of troubles with liver. On his request the human rights defenders Uladzimir Labkovich and Valiantsin Stefanovich twice attempted to pass him drinking water and received refusals. On 20 May the parcel was not accepted by the administration of the republican hospital of the Ministry of Internal Affairs. It was motivated by the fact that Labkovich and Stefanovich weren't Autukhovich's relatives. On 22 May water was not accepted by the guards of pre-trial prison #1 of Minsk. The guards said they did not accept water at all. Only 27 May, on the third attempt, some things were accepted - a TV antenna, chess and batteries. According to our information, during the hunger-strike M.Autukhovich has lost more than 15 kilos.

On 26 May he was interrogated by Hrodna investigator Vital Kukharchyk. According to the lawyer, the talk was general, there were no details. Questions about illegal keeping of firearms and explosives were asked. The human rights defender Aleh Vouchak believes that these charges can be added to the earlier ones. He is also convinced that the investigation does not have evidence of guilt of the accused. 'If there was any, the case would have been already passed to the court, which the accused entrepreneurs insist on,' he said.

Bear in mind, that Vaukavysk activists of entrepreneur movement Uladzimir Asipenka, Mikalai Autukhovich and Yury Liavonau were detained on 8 February. On 18 February they were given charges under Article 218 of the Criminal Code (deliberate destruction of damage of property).


11. Fomentation of national and racial enmity

In May the human rights defender from Navapolatsk Zmitser Salauyou filed to Navapolatsk town prosecutor's office the third complaint with the demand to bring a criminal case on the facts of hooliganism and fomentation of national enmity. At present a group of neo-Nazis in Navapolatsk acts with impunity. Nazi symbols and slogans that foment national enmity are periodically drawn on the walls of Navapolatsk houses. Before this, Mr. Salauyou informed the prosecutor's office about it in December 2008 and in March 2009, but in both cases the prosecutor's office refused to bring a criminal case. In his latest complaint the activist draws new facts of activity of the neo-Nazi. For instance, on 9 May in the evening they took away badges with national symbols from the youth activist A.Kucharenka and threatened her with beating. Before it some teenage skinheads assaulted the female activists of the BPF Youth and threatened them. The girls immediately phoned to the police, but did not get any support.