Monthly Review of Human Rights violations in Belarus - July-August

A year has passed since the celebration of the official independence day on 3 July 2008, at which more than 50 people were injured after the explosion of a home-made bomb. A criminal case under the article ‘malignant hooliganism’ was brought on this fact. Aleh Piakarski, head of the organized crime department of the Ministry of Internal Affairs, stated to Interfax that during the year that passed between 3 July 2008 and 3 July 2009 120 persons were considered as suspects in the explosion case, but none of them proved to be guilty.

Police also tried searching for the guilty among oppositionists. The campaign on the dactilography of the population reached an unprecedented scale. About 1.3 million people (out of about 4.5 male adults) were fingerprinted, while 12 000 refused from this procedure. The MIA officers state the investigation is going on 24 hours a day. However, the main result is missing – the protractors still haven’t been found. Soon after the explosion the state secretary of the Security Soviet Viktar Sheiman and the head of the presidential administration Henadz Niavyhlas lost their positions.

An oppositional entrepreneur Mikalai Autukhovich is accused of the preparation of a terrorist act. On 8 August six months turned since the moment when M.Autukhovich, Yu.Liavonau and U.Asipenka were arrested in Vaukavysk on charges in arson of a policeman’s house. The investigation of the case is closed and the lawyers had to give a written undertaking not to disclose the investigation details. M. Autukhovich kept a hunger-strike for three months, putting his health and life in danger, to protest against the unlawful arrest. Though he feels better after stopping the hunger-strike on 16 July, the prisoner still has serious health problems.

There were no significant oppositional actions in July-August. However, participants of local and regional actions still underwent administrative pressurization, including detentions, fines, arrests and politically motivated firings. On 16 July, a Solidarity Day, more than 60 people were detained in Belarus. This time the police brought no charges against the detainees.

Belarusian human rights defenders are concerned with bringing a new criminal case under Article 193.1 of the Criminal Code – ‘Unlawful organization of a civil association or a foundation or participation in them’ against representative of an unregistered religious organization. The Prosecutor General did not agree with the arguments of human rights defenders about the incompatibility of Article 193.1 with the international undertakings of Belarus in the sphere of human rights. This is stated in the official answer of the deputy prosecutor general Siarhei Myshkavets to the inquiry of the international civil association Civil Belarus concerning the proposal for the abolishment of this article. The country’s authorities also ignore the demands to use amnesty towards the youth activists who were punished with personal restraint within the frames of the ‘process of 14’. One of them, prisoner of conscience Artsiom Dubski, has been sent to a penal colony for serving a prison term.

On 17 August relatives of the missing Belarusian politicians and the independent lawyers who work on their cases, summoned a special press-conference marking the tenth anniversary of the still undisclosed kidnapping of the former vice-speaker of the Supreme Soviet Viktar Hanchar and his friend, businessman Anatol Krasouski. During this long period of time the relatives of the missing opponents of Alexander Lukashenka have been trying to make the authorities conduct an objective investigation into these crimes. The authorities haven’t done anything to give publicity to the truth about them. The human rights defender Hary Pahaniaila stated at the press-conference that from the juridical point of view the cases of the missing politicians had been disclosed. The persons who are suspected in these crimes have been identified. ‘Otherwise we would have received the refutation of the political version of the disappearances’, emphasized the lawyer. On 17 August Zinaida Hanchar (wife of oppositional politician and vice-speaker Viktar Hanchar, kidnapped in September 1999), Volha Zavadskaya (mother of kidnapped cameraman of ORT TV channel Dzmitry Zavadski) and Uliana Zakharanka (mother of kidnapped ex-minister of interior Yury Zakharanka) addressed the Prosecutor General’s office with the demand that by 16 September the Prosecutor General Ryhor Vasilevich reported to the public about the results of the investigation into the disappearances.

There has been no progress in freedom of press either. According to the BAJ information, only one non-state newspaper out the ‘list of 13’, Bobruiskiy Kurier, has been returned to the state distribution net on the recommendation of the Civil Soviet on mass media.

In the beginning of August the Belarusian consulate in Paris denied visa to Souhayr Belhassen, president of the International Federation of Human Rights. During her visit Mrs. Belhassen intended to meet with representatives of the civil society, discuss the progress in the democratization of the Belarusian society and attend the hearings in the Supreme Court concerning the registration denial to the civil human rights association Nasha Viasna. In autumn 2007 the FIDH president visited Belarus for the first time. She submitted official letters to the Ministry of Internal Affairs, the Ministry of Justice and other state organs, asking for meetings with their administration. These letters were ignored by all officials.

On 3 August the press-service of the office of the European Commission in Minsk issued an official statement to express its serious concerns with the bringing of another death sentence in Belarus. ‘This death sentence has been issued by Minsk oblast court to Andrei Zhuk. A month earlier another death sentence has been made,’ is pointed in the document. The European Union again called Belarus to abolish the death penalty, and introduce a moratorium for its use as an initial step. Bear in mind that on 23 June the Parliamentary Assembly of the Council of Europe decided that Belarus can regain its guest status at the Council of Europe only after introduction of the death penalty moratorium. Nevertheless, two death verdicts have already been issued after the PACE sitting.


1. Right to association

On 2 July the Supreme Court of Belarus upheld the decision of the Ministry of Justice on non-registration of Young Democrats. Members of the oppositional organization are sure in the absence of the legal grounds for the state registration and state that the found shortcomings in the registration documents could have been corrected easily if the Ministry had allowed it. However, officers of the Ministry of Justice qualified the shortcomings in the registration documents as ‘non-presentation of the documents necessary for registration’. Young Democrats state they once again ascertained that the actions of the Ministry of Justice were aimed at the prevention of appearance of new registered civil organizations and maximally hindered the development of the civil society in the country.

On 22 July the judge of the Supreme Court Valer Samaliuk turned down the complaint of the Belarusian Christian Democracy Party against its non-registration by the Ministry of Justice. The BCD co-chairman Aliaksei Shein believes that ‘the reasons for the registration denial are political, which is confirmed by the campaign on pressurization of the BCD founders, organized by the Ministry of Justice in cooperation with KGB, MIA and the local authorities’. ‘BCD is a party that exists de facto. It will continue its activities even in the absence of the state registration,’ stated the responsible secretary of the party Dzianis Sadouski. The party administration intends to apply for the state registration once again.

On 21 July the judge of Brest oblast court Nina Ustsimchuk turned down the complaint of Brest oblast human rights center Berastseiskaya Viasna against the non-registration. It is already the second registration denial this year. This time the official reason for it is that the revocation of the guarantee letter for provision of the legal address to the organization, about which the human rights activists weren’t informed.

On 12 August the Supreme Court of Belarus turned down the complaint of the founders of the civil human rights association Nasha Viasna against the registration denial. The third attempt of legalizing the organization gave no results, though the arguments of the representative of the Ministry of Justice were far-fetched and groundless. The human rights activists decided not to make any further steps for obtaining the state registration. Instead, they intend to address the UN Human Rights Committee with a complaint against the systematic violation of their right to association. As stated by the vice-president of the International Federation for Human Rights (FIDH) Ales Bialiatski, head of the liquidated Human Rights Center Viasna and elected head of Nasha Viasna, during the last attempt the process of the registration was of no less importance than the result. The founders of the civil association managed to show the whole mechanism of the state suppression of the right to association in Belarus.


2. Administrative detentions, fines and arrests

On 1 July Tsentralny district court of Minsk fined the detained activists of the European Belarus Uladzimir Kumets and Maxim Viniarski 350 000 rubles (about $125) for hanging out a streamer ‘Freedom to Autukhovich!’. The police accused the detainees of ‘petty hooliganism’ and told they allegedly used foul language and insulted the police. A false witness confirmed this information at the trial.

In the beginning of July the judge of Leninski district court of Hrodna Bialinski fined the youth activists Yauhen Hatalski and Raman Shvaba 175 000 rubles (about #62) each for distribution an anti-crisis program. The charges were brought under Article 21.14 of the Administrative Code – violation of the rules of improvement of settlements. At the police station the detainees were also fingerprinted. Besides, the member of Hrodna branch of the Young Front Hatalski was also summonsed for a talk with the administration of the polytechnic where he studied. The talk was conducted in presence of representatives of the ideological vertical and KGB officers, who threatened the activist with expulsion from the educational establishment.

On 22 July the judge of Homel oblast court Dzmitry Uloha turned down the cassation complaints of the democratic activists U.Katsora, V.Paliakou, A.Paplauny,Yu.Zakharanka who had been fined on 25 June for an action in the memory of the missing police general Yury Zakharanka.

Leninski district court of Brest fined the local history student Dzianis Turchaniak 1.4 million rubles (about $493) and the Young Front activist Mikhas Iliin – 140 000 rubles (about $49) for participation in the picket near the monument to the 1000th anniversary of Brest that was held on 17 August. At the picket the activists handed out leaflets with the proposal that the authorities should return to the people the money that had been raised for the monument.

By the way, the year has celebrated only its 990th anniversary so far. Nevertheless, the local authorities forced the people to donate money for the monument, whose total budget is 1.8 billion rubles. The final variant of the monument has huge differences from the initial project. There are 12 bronze tables on the sides of the monument. All inscriptions in them are in the Belarusian language, but there are all in all 75 mistakes. ‘It is a triumph of illiteracy’, points the candidate of philological sciences Yury Bushliakou.

On 12 August Chyhunachny district court of Vitsebsk fined the activist of Young Belarus Taras Surhan 175 000 rubles (about $62)for an attempt to hang out a white-red-white flag on a bridge over the Western Dzvina river. In his verdict the judge Uladzislau Shyrokau was guided by a police report, where it was written that T.Surhan had been holding an unauthorized picket. An administrative warning was issued to the activist of the Young Hramada Valer Ramanenka, who was accused of involvement in hanging out the streamer ‘Freedom to Political Prisoners!’. On 16 July the police also detained the youth activists Katsiaryna Aliakseyeva and Filip Shaurou.


3. Politically motivated criminal cases

On 7 July Asipovichy district court sentenced the participant of the ‘process of 14’, Young Front activist Artsiom Dubski to one year of imprisonment. The activist was charged under Article 415 of the Criminal Code, violation of the rules of serving the penalty. The reason was his moving to the Ukraine without the permission of the local police inspector. Dubski was taken into custody in the court hall. On 13 July he was transferred to the pre-trial prison in Babruisk and was kept there until his case was reviewed by a higher court instance. On 20 July he declared a hunger-strike to protest against the severe incarceration conditions. Three days later he stopped the protest and informed that he was being treated better.

On 13 July members of the Human Rights House Foundation addressed the Belarusian authorities with the call to immediately and unconditionally release the youth activist, refuse from politically motivated harassment and completely abolish all penalties to all participants of the ‘process of 14’. Bear in mind that Amnesty International declared Artsiom Dubski a prisoner of conscience together with 11 other participants of the ‘process of 14’.

On 12 August the figurant of the ‘process of 14’ Alexander Barazenka found that he had been amnestied. Meanwhile, another participant of the ‘process of 14’ Ales Straltsou did not manage to get amnestied: Minsk city court turned down his complaint against the verdict of Tsentralny district court of Minsk of 15 June 2009, which just mitigates the penalty from which he is to have been amnestied in conformity with the law On Amnesty. The official letter from the head of Minsk city court Putsila states that the verdict of Tsentralny district court is lawful and well grounded, that’s why there are no reasons to grant the complaint and abolish the verdict. The Belarusian human rights defenders and the world community demand amnesty for all participants of the ‘process of 14’. Only four of them – Alexander Barazenka, Mikhail Pashkevich, Mikhail Subach and Pavel Vinahradau – have been amnestied so far.

On 12 August in Brest the police detained the head of the local branch of the Young Front Mikhas Iliin. From the police station he was guarded to the prosecutor’s office, where he was handed the warning for participation in the unregistered organization. In the text of the warning it is also stated that he could be punished for it under Article 193.1.

On 20 August the college board of Mahiliou oblast court turned down the cassation complaint of Artsiom Dubski against the verdict of Asipovichy district court and refused to change the restraint to him. The trial was held in the absence of the plaintiff, who was not brought to it from the jail.

On 28 August Dubski was transferred from the pre-trial prison in Babruisk to a penal colony in Mahiliou oblast.


4. Harassment of human rights defenders

On 16 July the judge of Vitsebsk oblast court Halina Urbanovich found the human rights defender Leanid Svetsik guilty of fomentation of national and racial enmity (Article 130 of the Criminal Code) and fined him 31.5 million rubles (about $11,050). Besides, the court obliged Svetsik to pay 1 million rubles in moral damages to the head of Vitsebsk branch of the pro-governmental Union of Writers of Belarus Tamara Krasnova-Husachenka.


5. Right to peaceful assemblies

In July Minsk authorities twice prohibited pickets in support of homeless animals. The first of them was to have taken place on 10-11 July and the second on 31-July near the vivarium of the city’s organization City’s Fauna. In the first refusal the officials stated that the application allegedly did not meet the requirements of the law On mass events and in the second – that the action would allegedly hinder the traffic and the movement of pedestrians. The picket organizers intended to state about the necessity of adopting a law on protection of animals from cruel treatment. They propose creating a program on catching, sterilization and finding new owners for homeless animals, stand for the development of the volunteer movement and the establishment of long-term animal quarters for cats and dogs, insist on working out educational programs for the population. The activists intend to appeal against the refusals at court.

On 13 August Haradok district court found Leanid Autukhou, head of Haradok organization of the BPF Party, guilty of organization of an unauthorized mass action and fined him 1 050 000 rubles (about $365). The matter is that on 27 June the local oppositionists came to the central square of the town with national white-red-white flags in order to congratulate the citizens on the anniversary of the Independence Declaration. The Belarusian authorities abolished this holiday after the referendum of 1996 and started celebrating the Independence Day on 3 July, the day when the Soviet troops liberated Minsk from the Nazis.

In August Minsk authorities also banned a picket in defense of the social rights of citizens in the conditions of the economical crisis, organized by members of Minsk city organization of the Party of Communists Belarusian on 21 August in Yakub Kolas Square.


6. Freedom of expression and the right to disseminate information

On 14 July Alexander Arkhipau, prosecutor of Minsk city prosecutor’s office, issued warnings for ‘unlawful journalist activities’ to the members of the Belarusian Association of Journalists Aksana and Alexander Kalinkins. The reason for the warning was their cooperation with the Russian TV Channel Telekanal Blagikh Novostey (TV Channel of Good News). The prosecutor’s office enumerated the reports that were made from the journalists and were broadcast from the TV channel: the celebration of the Catholic Easter, some spiritual-educational events, the presentation of the informational-educational religious center in Minsk, etc.

On 20 July the editorial board of the independent edition Barysauskiya Naviny received a negative answer from Barysau district executive committee to its request for accreditation. In the letter from the acting head of the executive committee Yury Shyliahin it was stated that mass media are separately accredited for each event and receive invitations, that’s why accreditation of journalists was possible only according to this scheme. It is almost a word-to-word repetition of the letter, received from the main ideological department of Minsk oblast executive committee several days before. The chief editor of the newspaper Anatol Bukas states that in fact this accreditation scheme does not work, that’s why these letters are just come-offs.

On 29 July Hrodna oblast prosecutor’s office issued an official warning to the chief editor of Magazyn Polski Ihar Bantsar for his professional activities and the fact that the magazine of the Union of Poles in Belarus in disgrace had no imprint, which contradicted to the requirements of the Belarusian legislation. Meanwhile, Magazyn Polski has been issued in such a format for five years already and didn’t face such pretensions before. The editor believes that the real reason for the warning is the content of May issue, featuring a collage of Alexander Lukashenka looking like the Russian czar Alexander III. This issue also contained a critical article by Andzhei Pisalnik Kolia Must Become President. Several days after the warning to Bantsar Mr. Pisalnik also received a warning from Homel oblast prosecutor’s office for trafficking unregistered editions Glos znad Niemna na uchodzstwie and Magazyn Polski.

On 21 August the member of the Belarusian Association of Journalists Volha Sharapkina from Mahiliou received a warning from the prosecutor’s office of Chavusy district prosecutor’s office for journalist activities without the accreditation. The journalist believes that the real reason for the warning was her report about an orphanage that was broadcast on the BelSat TV channel.

At the end of July the editorial board of the Arche magazine received a letter from the director of the state monopolist Belsayuzdruk Ihar Dudzich. The official stated that Belsayzdruk could not continue selling the magazine through its newsstands because there were too many periodicals, including mass-political and fictional ones. The chief editor of Arche Valer Bulhakau states that conditions for distribution of press remain unequal. In particular, on 11 August Vasil Zdaniuk, chief editor of the non-state socio-political newspaper Snplus received an official letter from Yury Komar, head of the state monopolist on the press subscription Belposhta, where it is stated that the newspaper would not be included in the subscription catalog for the second half of 2009. No explanations are offered for it. Brest branch of BelPoshta also refused to return the subscription to the non-state newspaper Hantsavitski Chas.

On 17 July Zhodzina police detained six activists of the United Civil Party for an attempt to hand-out the non-state newspaper Novy Chas at the check-point of the BelAZ factory. About 500 copies of the newspaper were confiscated. Aliaksei and Raman Bahdanovichs, Uladzimir Kazak, Siarhei Kliuyeu, Alexander Serhiyenka and Alexander Stsepanenka were guarded to the police station, where the confiscation report was drawn up. The leader of the United Civil Party Anatol Liabedzka also came there to hand-out to the workers Novaya Hazeta and brochures about anti-crisis measures, proposed by representatives of the democratic movement. He said that 14 police and KGB officers waited for the activists near the check-point to prevent them from distribution the editions. That’s why A.Liabedzka addressed the minister of the internal affairs Anatol Kuliashou with the request to investigate the incident and return the unlawfully confiscated informational materials.


7. Freedom of conscience

On 14 July Aksana Sarakhman, judge of the court of Baranavichy and Baranavichy district, fined the New Generation, church of the association of denominations of Full Gospel Christians 350 000 rubles for ‘non-charter activities’. The violation report under part 1 of Article 9.9 of the Administrative Code was drawn up on 21 June by Siarhei Puzikau, leading specialist of the ideological department of Baranavichy city executive committee solely on the basis of an advertising pamphlet.

On 12 August the judge of Homel district court Vital Kozyrau fined 1 050 000 rubles (about $365) the head of the religious community Jehovah’s Witnesses Yury Rashetnikau after a search of a private house where the believers held their gatherings. The search was conducted on 21 July. Participants of a religious meeting refused to let in the police in the absence of the owner. Then the police officers called to the local rescuers, who sawed the lock. They confiscated the musical equipment and drew up a report on violation of the orders of organizing the mass event by Yu. Rashetnikau.

On 20 August it became known that Minsk city prosecutor’s office dropped the criminal case against Yauhen Volkau, brought under Article 193.1, ‘because of absence of corpus delicti’. In June Volkau was accused of actions on behalf of the unregistered Movement of Unity (Mun’s Church), which was the first criminal case against representative of an unregistered religious organization since the enforcement of Article 193.1 in 2006.


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

In July the correspondence student of Brest Pedagogical University, activist of the BPF Party Alexander Strachuk was informed that his working contract, ending on 7 August, would not be extended. Mr. Strachuk has worked at Kobryn public utilities for a year and had no pretensions from the administration. He thinks he was fired because of his refusal to join the pro-governmental organization Belaya Rus.

In July the member of the BPF Youth Pavel Chuduk was expelled from the second year of the theological faculty of the Belarusian State University because of ‘poor academic progress’. He encountered problems after a trip to Sweden, where he monitored the elections to the European Parliament.

Pavel returned to Minsk on 9 July and was immediately summonsed to the dean’s office. There he was shown photos from this year’s Chernobyl Way (an action in the memory of Chernobyl tragedy that affected Belarus in 1986). At these photos he could be seen taking part in the action. Then he was told that it is impossible to combine studies at the faculty, chaired by the metropolitan of the Orthodox Church Filaret, with his civil and political activism. Later the lecturers on religious studies and German did not agree to give him credits, after which the student was expelled from the university.

Earlier Pavel had no problems with his studies and was quite a successful student. Now he is looking for a place where he could continue his education. ‘I don’t rule out that I will try entering the European Humanities University in Vilnius’, said the activist.


9. Incarceration conditions

On 1 July the American lawyer Emmanuel Zetser, granted parole by Alexander Lukashenka on 30 June, arrived at New-York and gave his first interview to RFE/RL. Being asked about the way he was treated in the KGB jail and in prisons, whether he was really beaten, tortured and blackmailed, he answered that he was deprived of the medicines that were necessary for him because of his chronic illnesses. He also confirmed physical abuse. All in all, Emmanuel Zetlser has the worst memories about his stay in the KGB jail. ‘Belarus is the descendant of the worst of what was there in the USSR. What can we say if there’s a portrait of Dzerzhinsky in each investigator’s office. He’s a murdered! Nowhere else in the CIS countries have I met an organization with such a terrible name, KGB, only in Belarus! It has been renamed everywhere, as it is a very terrible word, sounding like Gestapo.’ He also said that about 90% of the people who were sitting in the Belarusian jails either got there because of lawlessness or received too large terms. The penitentiary system of Belarus does not meet the western standards of humane treatment of prisoners. Mr. Zeltser pointed at the absence of medical aid and the redundancy of prisoners.

On 3 July the term of the investigation into the case of Vaukavysk entrepreneurs Mikalai Autukhovich, Yury Liavonau and Uladzimir Asipenka was extended again. On 16 July M.Autukhovich stopped the hunger-strike that lasted for 91 day, since 16 April. During this time he lost more than 35 kilos and was in a critical state.

On 8 August there turned six months since the moment when Vaukavysk entrepreneurs were released. The investigation was extended for two more months. One of the arrested, Yury Liavonau, was released under written undertaking not to leave and not to disclose details of the investigation. As a result all circumstance of the criminal case and the charges on it remain closed to the public. Bear in mind that M.Autukhovich, Yu.Liavonau and U.Asipenka were detained on 8 February. Ten days after it they were charged under Article 218 of the Criminal Code (deliberate damage or destruction of property). On 23 June a criminal case on preparation to a crime under Article 359 was brought against M.Autukhovich and ‘other persons’ (according to the MIA information). Human rights defenders believe that this case can be politically motivated. Taking into consideration the gravity of the charges, they demand an open trial.


10. Death penalty

On 22 July Minsk oblast court pronounced the verdicts to the murderers of workers of Balshavik Agro enterprise. One of the, Andrei Zhuk, was sentenced to death.