INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE

Edited by Victor Cole

Vol. 2, No. 30

July 1999

IN THIS ISSUE:

-- HUMAN RIGHTS AND OPPOSITION NEWS --

LUKASHENKO’S LEGITIMACY HAS ENDED

Elected in 1994 for five years, Alexander Lukashenko has nevertheless decided to remain in office, insisting that he remains the legitimate leader of Belarus. Lukashenko's term, which was "officially" extended in a controversial 1996 referendum to 2001, ended on July 20. "I will remain legitimate for a long time. I have not yet done everything planned, that is why I will be in power for a long time," he told reporters at the opening of a music festival in Vitebsk, 90 miles northeast of Minsk. Lukashenko said his country's relations with the EU were improving. "Let them [the West countries] criticize me but the main thing is that the economy is developing. By the presidential elections in 2001, they will agree that Lukashenko is not so bad," he said. (Reuters, July 21)

Lukashenko's confident behavior may be explained by the support he enjoys from Russian and Ukrainian leaders. While Kiev has restricted itself to asserting that nothing will change in the relations between Ukraine and Belarus once Lukashenko's term in office expires, Moscow is actively defending the Belarusian leader. On July 20, Vladimir Rakhmanin, Director of the Russian Foreign Ministry's Information Department, said that "there are no grounds whatsoever to question the legitimacy of President Lukashenko until 2001." (Belapan, July 21)

US STATE DEPARTMENT ON BELARUSIAN PRESIDENT

On July 20, James Rubin, State Department Spokesman, made the following statement on the expiration of Lukashenko's legal term of office:

"The end of Belarusian President Lukashenko's legal term of office on July 20 underscores once again the need to resolve the country's constitutional impasse, which resulted from the changes Lukashenko made to the Belarusian constitution on the basis of a flawed and unconstitutional referendum in 1996. Lukashenko’s regime bears the full responsibility for it. That referendum was widely condemned by the international community. The changes, particularly the arbitrary extension of his term of office beyond July 20, 1999, and his suppression of the voices that rose in protest, have further undermined Lukashenko's democratic legitimacy and betrayed the democratic framework in which he had been elected. Lukashenko's legitimacy as an elected representative of the Belarusian people can only be restored by a free and fair democratic elections, in which all political parties can participate on an equal basis. The Supreme Soviet, which the United States and much of the international community continue to recognize as Belarus's sole legitimate parliament, has a right to take its case to the Belarusian people. That right should be respected. We again call upon the government of Belarus to start a dialogue with the opposition without preconditions and to observe human rights. Only through dialogue and respect for human rights can Belarus return to the path of democracy and restore its place in the international community." (USIA, July 20)

US CHOOSES POLICY OF "SELECTIVE ENGAGEMENT"

On July 21, at a State Department daily press briefing, James Rubin said that the United States "will continue to deal with the Lukashenko regime, even though we believe that he has lost his democratic legitimacy." "The fact that we will continue to bear with him does not legitimize him. President Lukashenko's disrespect for human rights and democracy has long been an impediment in our bilateral relations. Until there is improvement in this area, our policy of selective engagement will remain in effect. We have made some progress on the issue of the ambassador's residence, the government seizure of which provoked our recalling of Ambassador Speckhard. We have begun to discuss the issue of compensation with the Belarusian Government. Progress on compensation would allow us to send Ambassador Speckhard back to Minsk on a permanent basis," Rubin said. (USIA, July 21)

U.S. CONGRESSMEN COMMENT ON BELARUSIAN PRESIDENT

On July 20, Rep. Christopher H. Smith reminded his colleagues about the expiration of the term of office of President Lukashenko under the 1994 Belarusian Constitution. "Since Lukashenko’s election five years ago, Belarus has witnessed nothing but backsliding in the realm of human rights and democracy and a deterioration of the living conditions. The Belarusian Government continues to violate its commitments under the OSCE relating to human rights, democracy, and the rule of law. At the root of these violations lies the excessive power usurped by Lukashenko in the wake of the illegitimate November 1996 constitutional referendum, when he disbanded the Supreme Soviet and created a new handpicked legislature. Freedoms of expression, association and assembly remain curtailed. Administrative and economic measures are used to cripple the independent media and NGOs. Political opposition has been targeted for repression, including imprisonment, detention, fines, and harassment. The independence of the judiciary has been completely eroded, and the President alone controls judicial appointments. Legislative power is concentrated in the executive branch of government," Smith said.

On July 20, Rep. Sam Gejdenson said that Lukashenko has created a climate of fear in Belarus. "He has targeted the opposition, non-governmental organizations, young people, and the press. Opposition figures have disappeared; independent newspapers are fighting for survival; and young people have reportedly been coerced to move to the areas contaminated by the Chernobyl disaster. The people of Belarus deserve better. Belarus suffered greatly during the Second World War. The years of the communist oppression and the legacy of the two world wars left a passive people – afraid to speak out for fear that they'd get a bullet in the back of the head. The West should do what it can to support willing to speak people in Belarus, to help them plan for the post-Lukashenko days. Personal empowerment can lead to political empowerment," Gejdenson added. (USIA, July 20)

BELARUSIAN FOREIGN MINISTRY: LUKASHENKO IS LEGITIMATE PRESIDENT

The Belarusian Foreign Ministry, reacted to the statement of the US Congressmen and the State Department by sending an official note in which they stressed that the next elections will take place in 2001, until which Lukashenko remains the legitimate president of Belarus. "Belarus categorically rejects attempts undertaken by some states to decide for the Belarusian people what laws it should live by and what kind of power to have. The validity of the Belarusian Constitution approved at a national referendum does not require recognition from abroad," reads the statement. (Belapan, July 21)

THOUSANDS PROTEST OVER EXTENSION OF LUKASHENKO’S TERM

On July 21, the back streets and areas surrounding the presidential residence in Minsk were filled with riot police and paratroopers waiting for the unauthorized rally that had been called by the Belarusian Popular Front to "say farewell" to Lukashenko. A couple of thousand people turned out for the "holiday." Some wore Belarusian white-and-red flags around their necks, while others carried anti-Lukashenko banners. During the four-hour picket outside the presidential headquarters, demonstrators repeated the opposition's refusal to recognize the results of the November 1996 referendum, shouting that Lukashenko should have stepped down

According to Agence France Press, after the picket, the crowd started to move away from October Square, and about 100 people headed to a Belarus State University building two blocks away. In the hall of the university's linguistics department, 43 deputies of the Supreme Soviet, dissolved by Lukashenko in 1996, decided to hold session. The opposition's security guarded the doors, and only a group of reporters was allowed in, while the protesters chanted Belarusian national songs outside the building. Riot police blocked the road that lead from the university to the presidential palace.

The police did not use force. However, there were some instances of "preventive measures" against protesters. Gennady Samoilenko, Vasily Barbolin, and a few other opposition activists from Brest were arrested immediately upon their arrival in Minsk. They were released after Belarusian Helsinki Committee representatives arrived at the railroad station. Soon afterward they were detained for the second time near October Square and brought to the Leninski District police station. Photographer Vladimir Omelchenya from Soligorsk (Minsk region) was arrested after attempting to take pictures of police vehicles. Opposition activist Timofei Dranchuk was arrested for videotaping police officers. He was taken to the outskirts of Minsk and beaten up; his tapes were confiscated. (Belapan, July 21; AFP, July 22)

SHARETSKI ASSUMES PRESIDENTIAL DUTIES

Moscow Times reported that Semen Sharetsky, Speaker of the 13th Supreme Soviet, in a public address to the Belarusian people, referred to Lukashenko simply as "citizen" and said that he had failed to lead Belarusians out of the constitutional and economic crisis. "The separation of powers has been liquidated, the mass media have been monopolized, mass violations of civil rights and freedoms have become commonplace, and the country's self-induced isolation has increased," read the statement. The appeal called on the country's law enforcement officials not to unleash retaliation against those protesting Lukashenko's now illegitimate regime. Sharetsky said that according to the 1994 Constitution, he as the parliament speaker becomes the acting president. (The Moscow Times, July 22)

SHARETSKI TO STAY IN LITHUANIA?

On July 23, the press-center of Charter 97 reported that Semen Sharetsky had quietly crossed the Belarusian-Lithuanian border on July 22 in order to "perform his presidential duties from Lithuania." The New York Times reported that Sharetski had travelled to Vilnius by car with former Belarusian president Stanislav Shushkevich, who subsequently returned to Minsk and stated that he had taken Sharetski to Vilnius for his own safety. It was not certain how long Sharetski planned to remain in Lithuania. (Charter 97, July 23; NYT, July 24)

MORE THAN 50 DETAINED IN ANTI-LUKASHENKO PROTEST

At least 53 people were arrested in Minsk on July 21 in connection with the anti-presidential demonstration, the Minsk City Council Department of Interior told Belapan. Most arrests took place after the demonstration, and far from the site it was staged Reports indicate that police tended to arrest mostly senior members of the opposition. Oleg Volchek, an elected deputy of Minsk City Council, was reportedly arrested and beaten unconscious at a Minsk police station. Pavel Znavets, a 13th Supreme Soviet and leading member of the Charter 97, was also arrested. It is not known whether activists were charged with any crime or violation. Vyacheslav Sivchik, a leader of the Belarusian Popular Front, and Irina Khalip, the editor-in-chief of Imya, an independent newspaper, were detained for using megaphones. Although they were released shortly afterward, their companions, Anatoly Grihutik, Yury Ostrovsky and Ivan Suntsov are still reportedly under arrest. (Belapan, July 22-23)

On July 22, some anti-Lukashenko demonstrators stood trial in Minsk. Judge Anatoly Borisenok found Ian Grib, Anatoly Grihutik, Ivan Sinzov, Natalya Kachanovsky, and Sergei Kachanovsky guilty of participating in an unsanctioned rally All were officially reprimanded. (Charter 97, July 23)

LUKASHENKO CONDEMNS STATE TV FOR COVERAGE OF PROTESTS

On July 22, Lukashenko blasted the state television for covering protests against him. "Thousands of people came, 600 of whom were security agents in disguise. They walked and talked, got tired and went home. And you show that to the whole country," said Lukashenko in a live broadcast showing the president reprimanding Grigory Kisel, state tv company chairman. (Reuters, July 23)

ARTIST ARRESTED IN MINSK FOR ANTI-LUKASHENKO PROTEST

On July 21, Alexander Pushkin, 33, was detained by police in Minsk after wheeling a cart of manure up to the president's office and pitching it at the administration building in protest against Lukashenko's extension of his original five-year term. A Reuters reporter at the scene said that Pushkin had speared a portrait of Lukashenko with a pitchfork to the top of a heap of manure. He took it to the administration building in a red, two-wheeled shopping cart. After Pushkin, dressed in a traditional peasant blouse, had started throwing the manure at the entrance of the presidential residence with the pitchfork, he was arrested. He could face criminal charges for showing contempt for the head of state. (Reuters, July 22)

OPPOSITION MARKS END OF LUKASHENKO'S TERM IN VITEBSK

About a hundred people gathered in Vitebsk on the evening of July 20 to mark the end of Lukashenko's five-year presidency. The administration refused to authorize the gathering, saying that "it is inexpedient to hold mass public and political actions and mass cultural events by political parties, public associations, and religious organizations from July 18 to 26, 1999, during the Slaviansky Bazaar festival." (Belapan, July 21)

…AND IN GRODNO

On the evening of July 21, about two thousand people gathered on Lenin Square in Grodno to mark the end of Lukashenko's five-year term. Several demonstrators were arrested by police. Professor Andrei Ostrovsky, a leader of the local branch of the Belarusian Popular Front, was fined 200m BRB ($1,000). The trials of other detainees were suspended. Ian Velevich, an opposition activist, was brutally beaten. (Belapan, July 22- Charter 97, July 23)

POLICE PREVENT BPF FROM DEMONSTRATING IN BREST

On July 21, the Brest police prevented the Belarusian Popular Front from staging a demonstration at a local stadium to mark the 10th anniversary of the local BPF branch. The demonstration had been sanctioned by the city government. However, on July 16, the organizers were notified that the stadium would be closed down for repairs. Despite the notice, BPF activists came to the stadium only to be met by police. Sergei Bozhik, the leader of the local branch, was arrested after getting into argument with police officers. He was released a few hours later. (Belapan, July 22)

ELARUSIAN EMBASSIES PICKETED IN BRUSSELS, KIEV, AND WARSAW

On July 20, the Ukrainian Popular Movement Rukh picketed the Belarusian Embassy in Kiev to mark the expiration of Lukashenko's term under the 1994 constitution. On the same day, a group of Belarusians and Young Democrats, the organization of Polish youth, picketed the Belarusian Embassy in Warsaw. About 25 people, mostly political refugees from Belarus, picketed the Belarusian Embassy in Brussels. That protest was organized by the local office of the Charter 97. The demonstrators demanded Lukashenko’s resignation and release of all political prisoners. (Charter 97, PAP, July 21)

MALADY FRONT ACTIVIST CHARGED WITH ANTI-LUKASHENKO GRAFFITI

On July 19, criminal proceedings were instituted against Vladimir Antonov, a 20-year-old activist of Malady Front. He is charged with "malicious hooliganism" under Article 201 of the Belarusian Criminal Code for graffiti which called on Lukashenko to remember the expiration of his term. Antonov pleaded not guilty as charged, and managed to tell reporters that police had tortured him (twisted his cuffed arms) in an attempt to force him to admit his guilt. (Belapan, July 19)

BPF LANGUAGE PICKETS IN MINSK

On July 21, 15 Popular Front activists set up a picket on Nyamiha street in Minsk, near the city prison and Belarus KGB headquarters. It was the only protest that was permitted by the authorities because the slogans were in favor of the Belarusian language and not against Lukashenko. But by holding the nationalist flag and calling for the use of the national language, the protesters were in fact challenging the Belarusian President, who held a referendum in May 1995 to replace the national emblems of Belarus re-introduced in 1991, and date back to the time when the country was part of the Grand Duchy of Lithuania with a flag and coat of arms similar to those of Soviet Belarus. (The Moscow Times, July 22)

AMNESTY SPEAKS OUT

Belarus opposition groups should not be subjected to ill-treatment or detention during this weeks peaceful protests to mark the official end of President Lukashenko's term in office on July 20, Amnesty International stated on July 19, in an appeal to the Belarusian government and law enforcement authorities. AI has raised its concerns with the Belarusian authorities regarding the ill-treatment of peaceful demonstrators on numerous occasions. The international human rights group urged the authorities to ensure that no one will be ill-treated or imprisoned by the police simply for their political beliefs and for peacefully exercising their right to freedom of assembly. Amnesty International also called on the authorities to inform all law enforcement officials, assigned to ensure law and order during the protests, that torture and ill-treatment are prohibited under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights to which Belarus is a party,"

On July 22, the Amnesty International condemned the arrests and ill-treatment of members of the Belarusian opposition during the July 21 peaceful anti-Lukashenko protests in Minsk. "The organization considers any demonstrators detained for their peaceful protests as prisoners of conscience." Amnesty International called on the authorities to release members of the opposition who have been arrested and to respect their right to freedom of peaceful assembly. (AI, July 22)

LUKASHENKO READY FOR TALKS WITH OPPOSITION?

"The Belarusian President committed himself to holding a free and fair parliamentary elections in Belarus next year, as well as to initiating a nation-wide dialogue with opposition," the OSCE said in a statement issued on July 17 after an OSCE mission held talks with Lukashenko. The negotiations were held under the mandate of the OSCE Parliamentary Assembly, which earlier called on the Belarusian authorities to guarantee democratic parliamentary elections and free access to the state controlled media. The OSCE officials expect that such dialogue will begin in early September. (Belapan, July 18)

On July 20, Lukashenko confirmed that "compromises had been reached with the OSCE" and that he was ready to talk with what he called a "constructive" opposition. "Why should I waste my time, talking to political bankrupts?" he remarked. "Everyone wants to sit around the round table with the president but I have already talked to them, trying to convince and persuade them," he added. (Reuters, July 21)

OSCE CHAIRMAN-IN-OFFICE CALLS FOR URGENT RESUMPTION OF DIALOGUE

Belarus should improve its human rights record before the parliamentary elections next year, Knut Vollebaek, chairman of the OSCE, said on July 20. "A free and fair parliamentary elections in the year 2000 require complete cessation of political prosecutions in Belarus. Suppressive and restrictive measures by the Belarusian government against the opposition must come to an end," the statement said. (Reuters, July 21)

EU WILL SUPPORT DEMOCRATIC BELARUS

On July 20, the European Union reaffirmed "its support for the hopes of the Belarusian people to create a free, open, and democratic society," stressing that it wish to create constructive bilateral relations with Belarus. The EU statement pointed out "that it recognize states not governments or individual politicians." The European Union said it was convinced that only a free elections would permit Belarus "to emerge from the current difficult situation." (Deutsche Presse-Agentur, July 20)

APPEAL FROM EIGHT INTERNATIONAL HUMAN RIGHTS GROUPS

On July 19, a group of human rights organizations concerned with Lukashenko’s defiance of the rule of law and widespread crackdown on civic and opposition groups and the independent media in Belarus, sent an open letter to U.S. Vice President Al Gore.

"We believe it is vital for you to raise the deteriorating human rights situation in Belarus in your forthcoming meeting with Russian Prime Minister Sergei Stepashin on July 27, as a matter of concern both to the U.S. and Russia. We hope that you can urge Russian leaders to use their good offices to promote and protect human rights and the rule of law in Belarus. With extensive trade relations and discussion of the formation of a Belarusian-Russian Union, Russia now has ample opportunity to raise with Belarus the international community’s grave concerns about the absence of fundamental rights and freedoms in Belarus, and to intervene in specific cases," reads the letter. It also mentioned a number of cases emblematic of the deterioration of the rule of law in Belarus. "The U.S. government must send a clear signal to Russian leaders that tolerance of a mounting human rights crisis in Belarus, its close neighbor, is ultimately a threat to the level of democracy and human rights which Russia itself has just achieved, and a threat to the human rights and security of the entire post-Soviet region of countries in transition, in which the U.S. has a vested interest," said the groups. The letter was signed by representatives of Amnesty International USA, Committee to Protect Journalists, Human Rights Watch, International Helsinki Federation for Human Rights, International League for Human Rights, Jacob Blaustein Institute for the Advancement of Human Rights, Lawyers Committee for Human Rights, and Physicians for Human Rights. Copies of the full text are available from belarus@ilhr.org (ILHR, July 19)

AI CALLS ON LUKASHENKO TO PARDON ALL PRISONERS ON DEATH ROW

Amnesty International has called on the Belarusian Clemency Commission and President

Lukashenko to grant clemency to Anton Bondarenko and all other death row inmates in Belarus. On June 22, 1998, 19-year-old Bondarenko was sentenced to death by the Minsk Regional Court for premeditated murder. In its address to the Belarusian government, Amnesty International expressed "deep sympathy for the victims of violent crime and their families", but points out that "the death penalty has never been shown to deter crime more effectively than other punishments and is brutalizing to all involved in its application". (AI, July 16)

TRIAL OF KLIMOV BEGINS IN MINSK

On July 22, the trial of Andrei Klimov, 13th Supreme Soviet deputy, began in the Lenin District Court in Minsk. Klimov is charged with a large-scale embezzlement, business irregularities, and forgery. Eight employees of Klimov's building company will be tried together with him. Lawyer Gary Pogonyailo, deputy chairman of the Belarusian Helsinki Committee, was allowed to defend the deputy. Klimov, who refused to study the case file before the trial, requested some time to study it now. The trail will resume on August 2. International human rights observers have expressed concern that the charges against Klimov may have been politically motivated due to his signing of an impeachment appeal in 1996, and the timing of his trial, after July 20, appears to reinforce that impression. (Belapan, July 22-23; ILHR, July 24.)

SUPREME SOVIET MEMBER SENTENCED TO 15 DAYS IN JAIL

On July 22, Valery Shchukin, a 13th Supreme Soviet deputy and independent journalist, was sentenced to 15 days in jail for "petty hooliganism." He was detained by police in Minsk outside the court where the trial of Andrei Klimov was held. The arrest followed by a severe beating. Tatyana Stankevich, Shchukin's defense attorney, intends to appeal the sentence. Anatoly Lebedko, another 13th Supreme Soviet deputy, was hiding inside the court building and refused to come out - police were waiting for him at the entrance. (Charter 97, July 23)

CHIGIR'S WIFE WARNED HIS LIFE IS IN DANGER

On July 16, speaking at a news conference, Julia Chigir, the wife of imprisoned ex-Prime Minister Mikhail Chigir, said that she received a warning that the authorities would attempt to kill her husband. Mikhail Chigir, opposition presidential candidate, was arrested on charges of large-scale embezzlement and abuse of power. Julia Chigir said that a message was left by an unidentified caller on the answering machine at the office of the Freedom for Chigir Committee. She quoted the caller as saying, "Raise everybody or else Chigir will be either poisoned or stifled." The Committee has made a statement warning the government that in the event of a threat to the life and health of Mikhail Chigir, President Lukashenko will be held responsible. (Belapan, July 17)

IMYA’S EDITOR FACES DEFAMATION CHARGES

On July 22, Irina Khalip, editor-in-chief of the Imya independent newspaper, was detained on charges of libelling Oleg Bozhelko, the Belarusian Prosecutor General. The detention was made at the headquarters of ORT in Minsk (Russian public television) where Irina had come to give an interview. She was taken to the Prosecutor's Office of Minsk October District and questioned for about three hours in connection with the criminal case brought against her. The charges stem from an article in Imya accusing Prosecutor General Oleg Bozhelko of a cover-up in the case of Viktor Logvinets, head of the Konto-Group, who was arrested in June. The police searched Imya’s office and Khalip's apartment and confiscated a computer, her travel documents and a plane ticket for a July 24 flight to the United States, where she was expected to take part in a three-week training program arranged by USIA. Khalip signed a pledge not to divulge information about the investigation and was handed a summons to appear at the Prosecutor's Office on July 23. (Charter 97, July 23)

INDEPENDENT NEWSPAPER LOSES LIBEL SUIT

On July 22, a Gomel court ordered Irina Makavetskaya, a Belapan correspondent who makes regular contributions to the Gomelskaya Dumka independent newspaper, to pay 100m BR ($500) to Victor Mayuchy, head of the Gomel Regional Television and Radio Association, for allegedly defaming him. Makavetskaya claimed in an article that Mayuchy abused his authority by ordering the Association reporters to read commercials of a Protestant group, representing them as news, in violation of the law. During the trial, Mayuchy did not deny that the religious group had paid for broadcasting its information. But the judge found that this fact did not mean that the information should be regarded as a commercial. Makavetskaya intends to appeal the court’s decision. (Belapan, July 22)

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Belarus Update is a regular news bulletin of the Belarus Human Rights Support Project of the International League for Human Rights. The League, now in its 58th year, is a New York-based human rights NGO in consultative status with the United Nations and ILO.

The Belarus project is a part of Human Rights Defenders' Project, originally launched in 1982 to defend individuals and groups who suffer reprisals for promoting human rights in their societies. Among those the League defended were Andrei Sakharov, Kim Dae Jung and Jaime Castillo Velasco.

The Belarus project was established to support Belarusian citizens in making their cases before the U.S. government and public and international fora and intergovernmental organizations regarding President Alexander Lukashenko's wholesale assault on human rights and the rule of law in Belarus.

For more information e-mail belarus@ilhr.org or call (212) 684-1221 or fax (212) 684-1696 or visit our web site at www.ilhr.org.