The International Federation for Human Rights (FIDH) is deeply concerned by the persistence of grave infringements of human rights standards in Belarus, in particular since the last presidential elections, in September 2001. Most of these infringements consist in the impunity of authors of human rights violations, in serious obstacles to freedoms of association, demonstration and expression, and of the continuation of a policy based on provocation towards the international community, which put serious obstacles to the well-functioning of international organisations. The very last example of this policy was given last April, when the Belarus authorities refused to accredit the new chief of the OSCE Advisory and Monitoring Group and to renew the visa of the Interim Chief of the OSCE mission.
The FIDH would like at first to express its concern regarding the lack of information on the numerous disappearances in Belarus. The authorities did not undertake the necessary measures to clarify the circumstances of the disappearances of well-known opposition political figures (many of them members of the 13th Soviet Supreme, dissolved in November 1996, or former collaborators of the Presidential Administration). The trial of the so-called “Ignatovich group” (October 2001 - March 2002), before the Regional Court of Minsk, did not shed light on the disappearance of ORT cameraman Dzmitry Zavadski, in July 2000. On 14 March 2002, at the end of a closed doors trial, J. Ignatovich and M. Malik, former officers of Almaz Special Assignment Police Force, accused of the kidnapping of the journalist, were sentenced to life imprisonment, A. Guz to 25 years imprisonment and S. Savuschkin to 12 years in hard labour colony. According to the Human Rights Center “Viasna”, the whereabouts of Zavadski, the circumstances of the kidnapping and those responsible for this crime were not determined. The family has expressed doubts regarding the guilt of the defendants and considers the court verdict to be an attempt to report to the society that justice has been restored. These doubts are founded on several violations of fundamental rules of judicial procedure and also on quite contradictory and confusing testimonies.
The impunity of perpetrators of serious violations of human rights is the main cause for their perpetration. The disappearance since 19 January 2002 of Yuras Korban, 24 years old, deputy chair of the Belarusian Popular Front Adrazhenne and head of the Vitebsk-based Center of Civic Initiatives, is the most recent example. Recently, the criminal case on his disappearance was closed without any sufficient investigativeprocedures.
Moreover, the FIDH is very preoccupied by the several judicial and administrative measures, which clearly violate the freedom of association in Belarus. The FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders (a joint program of the World Organisation Against Torture - OMCT - and the FIDH), reacted to the closing of the NGO Viezha, after a decision of the Bierastsie Regional Court on 12 March 2002, following a decision of the board of justice of Bierastsie regional executive Committee (see Urgent Appeal-BLR 001/0402/OBS 028). This penalty was founded on the basis of Art. 29 of the “Law on public associations”, which stipulates that if an organization receives more than two warnings by the Ministry of Justice, within one year, and for the same violation, it can be liquidated by a judicial decision. On 29 April 2002, the Supreme Court did not satisfy the cassation decision and left in force the decision of the Bierastsie Regional Court.
Furthermore, the Presidential Decree of 14th December 2001 put obstacle to trade-union freedom by establishing a new regime of funding. In particular, it prohibits direct payroll withdrawals. As a result, the trade unions are regularly subjected to the interference of the authorities that often block their bank accounts. The free participation in political affairs is also limited, in particular by the obligation for political parties to provide a list of their members to the Ministry of Justice. Already nine parties were threatened by an interdiction of their activities due to the lack of this information.
The independent media have faced similar obstacles since the adoption of a very restrictive Presidential Decree in March 1999, in particular regarding their registration and their rights to receive financial or any other kind of foreign aid . In the last two years, the prosecutors have opened criminal cases, all based on the “Law on Press and other Media”, against dozens of journalists for insulting the President under Art. 367, par.1 and Art. 368, par.1 of the Belarusian Penal Code.
These practices are combined with more radical measures such as confiscating material or forbidding the publication of journals. On 12 November 2001, Pahonia, was closed by the Supreme Economic Court. Currently, Narodnaya Volya is threatened with liquidation by a warning of the Ministry of Information issued on 1 April, accusing the journal of “distribution of groundless statements concerning the President”. This followed an article published on 20 March 2002, entitled “Great Laundering”. Furthermore, the Belarusian Prosecutor Office has issued a written warning to Nasha Niva for “illegal distribution of the printed materials of an unregistered outlet” under Art. 172, par.3 of the Belarusian Administrative Offences Code. The journal had published Christmas wishes of the priest I. Spasyuk, Minister of the unregistered Belarusian Autocephalous Orthodox Church.
Moreover, the FIDH notes that the right to peaceful assembly is systematically violated in Belarus. On 5 April 2002, 14 journalists, who staged three unauthorized demonstrations in support of Mikalai Markevich and Pavel Mazheika, editor and reporter of Pahonia, pursued for“defamation of the President.”, were arbitrarily detained by Grodno police. Among them, Stas Pachobut, journalist of Navinki, was detained during ten days at the Leninski borough of Grodno detention center, after his condemnation, on 5th April, for his participation to this protest.
During his detention, M. Pachobut went on hunger strike in order to protest against his arbitrary condemnation. These acts constitute a clear violation of Art. 33 and 35 of Belarusian Constitution, which guarantees the right to freedom of expression and of assembly.
The FIDH also condemns the latest forced dispersals of peaceful street protests and the refusal of the authorities to provide permits for rallies to take place at central points in the city of Minsk. The police often torture demonstrators arrested during their detention at the police stations. On 14 February 2002, hundreds of young people were violently dispersed by the police forces and many of them were arrested and beaten. The events of 24 March 2002, when special police units attacked participants at the celebration of Freedom Day in Minsk and proceeded in arbitrary arrests are not a separate incident. On 8 April 2002, the Leninsky District Court of Grodno sentenced Professor Yury Khadyka, deputy chair of BPF Adrazhenne, to ten days imprisonment under the Art. 167, par. 1, relating to “participation in mass actions violating public order.”
On 19 April 2002, 3000 people in Minsk participated in a march of protest called “You Cannot Live Like This!” in reaction of the current violations of human rights. This demonstration was also violently dispersed by special police forces and more than 100 participants were arrested and detained in the Akrestsin Street pre-trial detention center until their trials on 22 and 23 April when the Borough Courts sentenced many to fines or up to 15 days in prison. Among those persons were the organisers of the march, who are well-known human rights defenders.
The FIDH remains concerned about the detention in the penal colony of Apansi Street in Minsk, of Professor Iury Bandazhevsky, an internationally renowned scientist, specialised in medical research on nuclear radioactivity. On 18 June 2001, he was given an eight years’ harsh prison sentence on the grounds that he had allegedly requested bribes from students’ parents. Pr. Bandazhevsky has been arbitrarily sanctioned for revealing the harmful effects of the Chernobyl disaster on the population of Belarus, in contradiction with official versions given by the authorities. He had also criticised the misuse of funds within the ministry of Health, which was intended to support research in this area. The request for presidential reprieve was rejected without any reasons being given. The Supreme Court, to whom the counsel for defence submitted a plea for procedural violations, refused to hear the case.
The FIDH demands to the Belarusian President to:
– respect in all circumstances the freedom of expression, the right to meet, demonstrate and express opinions as guaranteed in the international instruments, in particular the Universal Declaration of Human Rights and the International Covenant on Political and Civic Rights ratified by the Republic of Belarus.
– release in the shortest delays, Professor Bandazhevsky, arbitrarily detained.
– conform in all circumstances to Art. 1 and 12 of the Declaration on Human Rights Defenders adopted by the United Nations General Assembly in December 1998 and put an end to any kind of harassment and reprisals against human rights defenders.
– invite the Special Reporters on Torture and Freedom of expression, as well as the Special Representative of the UN Secretary general on Human Rights Defenders to carry out field investigations in Belarus.
I hope, Mr. President, that you will take these requests into consideration.
Sincerely yours,
Sidiki KABA
President of the FIDH