INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE
Edited by Victor Cole

Vol. 3, No. 7
February 2000

IN THIS ISSUE:

-- HUMAN RIGHTS AND OPPOSITION NEWS --

DISBANDED PARLIAMENT URGES AUTHORITIES TO RESUME TALKS
On February 5, forty members of the 13th Supreme Soviet, the Belarusian parliament which Lukashenko disbanded in 1996, appealed to the Lukashenko government to resume negotiations with the opposition and to honor the agreement regarding the opposition's access to the media, which was concluded at the end of 1999. "Democratic and fair parliamentary elections can be held in Belarus only as a result of a compromise reached during the government-opposition negotiations," reads a statement signed by deputies. They urged the authorities to disclose information about progress in the investigation into the disappearance of Yury Zakharenko, former Minister of Internal Affairs, Victor Gonchar, deputy speaker of the 13th Supreme Soviet, and businessman Anatoly Krasovsky. They also demanded the release of prisoners of conscience Andrei Klimov and Vladimir Koudinov and a fair trial over former Prime Minister Mikhail Chigir. On February 7, the informal government-opposition meeting proposed by the OSCE AMG in Belarus was canceled. (Belapan, February 6-7)

AUTHORITIES REJECT PROPOSAL
On February 10, at the conference in the Belarusian Ministry for Foreign Affairs, Alexander Lukashenko said that his government would never participate in any negotiations with the opposition. "I will not tolerate any round, square or any other sort of tables with representatives of the so-called opposition. I am for a general political dialogue, but against any negotiations," Lukashenko said. (Charter 97, February 11)

PARLIAMENTARY ELECTIONS WILL BE HELD IN OCTOBER
A parliamentary election in Belarus will be held on October 15 and 22, Lydia Yermoshina, Chairwoman of the Belarusian Central Commission for Elections and National Referenda, said in an interview with the Zvyazda newspaper. The election must be held before October 27, or one month prior to the expiration of the mandate of the House of Representatives, the Lower chamber of the Belarusian parliament. Alexander Lukashenko is expected to announce the date of the election in June. Yermoshina pointed out that the election will be held under the new Electoral Code, which was passed by the National Assembly but is yet to be signed into law by the Belarusian leader. Yermoshina did not rule out that Lukashenko might send some articles of the draft code to the House of Representatives for revision. "We can always adopt changes if there is a great need for that," she added. (Belapan, February 8)

LUKASHENKO: CRITICISM OF NEW ELECTION CODE GROUNDLESS
On February 11, Alexander Lukashenko announced that the new Election Code passed by the National Assembly is much more democratic and less executive branch-oriented than the old election law, under which deputies of the 13th Supreme Soviet, still recognized by the West, had been elected. The Belarusian leader assessed the West's criticism of the new code as the manifestation of the "double standard" policy toward Belarus. He said that the new law should satisfy everyone and he "sees no reasons not to sign it into the law promptly." Lukashenko admitted that international recognition of the results of the parliamentary elections in the autumn of 2000 would be the decisive factor of the stabilization of the country's foreign policy. (Itar-Tass, February 11)

U.S. STATEMENT ON BELARUS TO OSCE PERMANENT COUNCIL
On February 10, U.S. Ambassador David Johnson made the following statement with respect to the OSCE's remarks on Belarus.

"We would like to express our appreciation to Ambassador Wieck for his thorough and unfortunately sobering presentation, as well as the recent written reports the AMG has provided us. They indicate how badly the situation in Belarus has deteriorated since the Istanbul Summit. When the Belarusian National Assembly passed a deeply flawed electoral code on January 24, it ignored the key recommendations of the OSCE completely, and bypassed the OSCE-mediated dialogue process. By imposing an undemocratic electoral code, the Government of Belarus has
shown contempt for the OSCE in at least three ways. First, the Government of Belarus violated its July 15, 1999 agreement with the opposition and the OSCE Advisory and Monitoring Group. Under this agreement, the elaboration of a new electoral law is one of the specific tasks of the government-opposition dialogue. The National Assembly, however, disregarded the OSCE dialogue process. Second, by ignoring and ultimately subverting the OSCE roundtable, Belarus violated its commitments under paragraph 22 of the Istanbul Declaration, which calls for progress in that dialogue. Shortly after the Istanbul Summit, the government negotiator at the roundtable was relieved of his responsibilities. The Government of Belarus has not even bothered to appoint a successor. Third, passage of the electoral law follows a larger, long-standing pattern of violation of OSCE commitments in the areas of democratization, media freedom, and human rights.

Our Belarusian colleague asserted last week that the opposition did not respond to the invitation to participate in drafting the electoral law. The AMG's latest written report, however, states correctly that the Government of Belarus failed to negotiate with the opposition about the law, as required by the July 15 agreement. Asking the opposition to comment on draft legislation, is hardly the same thing as sitting down with the opposition and negotiating a text.

Our Belarusian colleague asserted that ODIHR's critical evaluation of the electoral code was based on an early draft, which had later been extensively amended. He asserted that the government had "paid special attention" to the comments of the AMG. The AMG's reporting, however, states that there has been no substantive change to the most objectionable parts of the draft law. In sum, the crisis of political legitimacy in Minsk has taken a sharp turn for the worse.

In the three years since Alexander Lukashenko precipitated a constitutional and political crisis, his National Assembly has failed to gain international recognition. This illegitimate legislative body is now joined by a president who has clung to power beyond the expiration of his lawful term of office. The way out of this impasse is through genuinely free and democratic elections, recognized as such by all sides in Belarus and by the international community. This has been the aim of Ambassador Wieck, of his mission, the OSCE, various parliamentary assemblies, including ours, and of the international community more broadly. The United States looks forward to the day when it becomes the aim of the Belarusian Government as well. (USIA, February 11)

FREEDOM MARCH CLASHES: POLICE OFFICER CONFESSES
The police had orders to provoke demonstrators into clashes during the opposition-organized Freedom March demonstration in Minsk on October 17, says Oleg Baturin, senior police officer in an open letter published on February 10 by the Narodnaya Volya independent newspaper. "We were instructed at a briefing at the Main Personnel Directorate of the Ministry of Internal Affairs by First Deputy Chief Ryabtsev and his assistant Mikhailovski," Baturin, who is a senior police inspector at that directorate, wrote in his letter. "There was also a lot of 'brain washing'. They said that those who will gather are scum and should be knocked down because they prevent our 'dearly-beloved president' from working efficiently. That is why one should not be afraid to hit or beat up them." According to Baturin, after the two-hour briefing, he and other agents were given portable radios and told to mix with the demonstrators. "My task was to watch and to take note of everything," says Baturin. "After the march, I was supposed to arrest the most active participants and anyone I would be ordered to. But our main task was to provoke clashes, to yell insults and to lead the people where the police wanted. The crowd was brought on purpose to where the clashes occurred, where stones had been prepared and where the people were blocked by riot police and internal troops," Baturin wrote. (Belapan, February 10)

HIS RELATIVES ARE IMMEDIATELY THREATENED
On February 10, Baturin's brother Mikhail, told a news conference in Minsk, that plainclothes agents had threatened him earlier in the day because of Baturin's open letter. According to Mikhail, two strangers, who called themselves police officers, met him at the door of his
apartment. When Mikhail asked for their IDs, one of them punched him in the chest, and they dragged him outside. The strangers asked him whether he had read his brother's letter in the newspaper and told him to write a statement that his brother was mentally disabled. When Mikhail refused, they reportedly threatened to do harm to his fiancée, whose name and address they apparently knew. "I was so enraged that I kicked one of them in a knee," said Baturin. "The other grabbed me by the jacket, but lost his footing on the icy ground, and only ripped my jacket." Baturin managed to escape, picked up his fiancée at work, and they headed directly for the BPF Adradzhenne [Revival] headquarters, which he said was the only place that came to his mind in looking for help. According to Mikhail Baturin, a 31-year-old chess teacher, his brother told him about the October 17 events a few days after the demonstration. "I am completely on my brother's side," said Baturin. According to him, he last saw his brother about a week ago and had no reasons to doubt his sanity. Dmitry Bondarenko, activist of the Charter 97 civic movement, told reporters that he had seen a videocassette on which Oleg Baturin repeated what he wrote in his letter. Bondarenko said that the tape had been sent to the OSCE AMG in Belarus, as well as to a number of foreign embassies in Minsk. Representatives of the OSCE confirmed to Belapan that they had seen the tape and that its contents were similar to the letter. Anatoly Lebedko, deputy chairman of the United Civic Party, said that Oleg Baturin is in hiding. (Belapan, February 10)

OPPOSITION ACTIVIST RELEASED AFTER SERVING ADMINISTRATIVE DETENTION
On February 7, Andrei Tolkach, resident of Molodechno, Minsk region, was released from the detention center where he served a seven-day jail term for "violating the law on mass meetings, peaceful assemblies and gatherings." On January 31, he protested by the entrance to the Minsk City Court, demanding the release of former Prime Minister Mikhail Chigir. Tolkach's arrest was witnessed by many Western diplomats, including U.S. Ambassador Daniel Speckhard. Tolkach stood trial the same day in the Frunzensky District Court in Minsk. (Charter 97, February 8)

ANOTHER OPPOSITION ACTIVIST SENTENCED
On February 9, Gennady Gavrusev, leader of the Borisov branch of the Belarusian Social Democratic Party, was brought to court by the police and sentenced to seven days in jail on charges of violating street demonstration regulations. On January 16, Gavrusev, Ales and Dmitry Abramoviches, Alesia Yasyuk, all members of the BSDP, and Anatoly Askerka, leader of the Local branch of the BPF Adradzhenne, staged an unauthorized demonstration near the Borisov City Council to display support for Mikhail Chigir (See Belarus Update Vol.3, No.4). Opposition activists were taken to a local police station but released shortly thereafter. (Belapan, February 9)

YOUNG OPPOSITION ACTIVIST FACES PRISON SENTENCE
The case of 18-year-old Natalya Grechukho, who allegedly burned a flag during a demonstration in Minsk last year, was heard in court. If convicted, she faces a possible prison sentence.
(Charter 97, February 10)

OPPOSITION LEADER DENIED PERMISSION TO LEAVE COUNTRY
The application of Anatoly Lebedko, chairman of the 13th Supreme Soviet's Commission on Foreign Affairs and deputy chairman of the United Civil Party, for the renewal of his travel documents was turned down by the authorities. The chief of the Visa and Registration Department of the Frunzensky district in Minsk has officially informed Lebedko of the denial, promising to state the reasons in writing by February 11. Lebedko was told that the Belarusian Association of Young Politicians, which he had stated in the application as his place of work, could not be considered valid since the Association has not been re-registered with the Belarusian Ministry of Justice. The authorities' decision prevented the outspoken human rights activist from attending an international conference in Vilnius, where he planned to deliver a report on the human rights situation in Belarus. (Belapan, February 9)

OPPOSITION STAGES PICKET NEAR RUSSIAN EMBASSY
On February 9, an unauthorized picket was staged by Leonid Malakhov and Philip Klikushyn, both members of the United Civic Party, near the Russian Embassy in Minsk. Opposition activists protested against the war in Chechnya and the Russia-Belarus Union treaty. The picketers unfolded placards, "Putin, hands off Chechnya!" and "No to union with Russia!" Later, they took a Russian flag and started trampling on it. Soon afterwards, the protesters were detained by police officers and taken to the Directorate of Internal Affairs of the Tsentralny District in Minsk. The police confiscated a flag of the European Union, which one of the picketers tried to wave. On February 10, Malakhov and Klikushyn stood trial at the Central District Court in Minsk and were reprimanded, Charter 97 reported. (Belapan, February 9- Charter 97, February 11)

CRACKDOWN ON DISSIDENTS CONTINUES
The year 2000 has brought no change in the repression of opposition in Belarus as the Lukashenko's government has turned its attention to less known dissidents in provinces and to younger protesters, Amnesty International warned on February 11. "A number of young activists have also been targeted by the authorities and some have reportedly suffered repercussions at their universities and colleges. The criminal charge of 'malicious hooliganism,' which has been frequently used by the authorities to intimidate members of the opposition, has reportedly been brought against the young protestors," reads a statement issued by the human rights organization. AI condemns this intimidation and repression of dissident voices outside Minsk, as well as the persecution of younger Belarusians for expressing their peaceful political beliefs and for exercising their right to freedom of assembly. "By casting its net wider to target opposition everywhere, the Belarusian government is further alienating itself from the community it purports to represent," the organization warned. (AI, February 11)

PROSECUTOR GENERAL COMMENTS ON OPPOSITION CASES
On February 8, Oleg Bozhelko, Belarusian Prosecutor General, told journalists in Minsk that the investigation into the case of former Prime Minister Mikhail Chigir, who is being tried on corruption charges, is continuing. In addition to the damage worth $4m, which is already being considered in the court, he may also be charged with large-scaled embezzlement. Commenting on the case of Yury Bandazhevsky, Bozhelko said that investigators had failed to find sizable sums in cash that, as law-enforcement agencies alleged, the former rector of the Gomel State Medical Institute had received from applicants in exchange for admission to the institute. In addition, a witness for the prosecution has retracted his testimony. "Nonetheless," said Bozhelko, "the institute had long been known for unfair practices in terms of student admissions, so Bandazevsky's dismissal was quite justified." Bozhelko said that his office is unaware in what country Tamara Vinnikova, a former head of the National Bank, is staying. "Papers for Vinnikova' extradition to Belarus from any country have been submitted to Interpol," Bozhelko said. (Belapan, February 8)

CHIGIR'S DEFENSE DEMANDS ADDITIONAL INQUIRY
On February 10, the trial over Mikhail Chigir continued. The prosecution claims that Chigir had no valid reasons to defer the collection of custom duties from Piask, a private company, for vehicles that it had imported. [It should be noted that the authorities had a significant ulterior motive to pick Piask from hundreds of Belarusian importers which routinely petition and receive custom duty deferrals. The company was founded and run by a son of Stanislav Bogdankevich, chairman of the United Civic Party and prominent opposition leader. By attacking Bogdankevich's relatives, the authorities are using their favorite methods of silencing political opponents. - Ed.] The defense team demanded an additional inquiry into the charges. Judge Alexander Vasilevich agreed to request additional information from the State Customs Committee. Public defender Garry Pogonyailo petitioned the judge to take action against the prosecution for illegal attempts to influence the judge and for disregarding the presumption of innocence. The lawyer referred to a recent news conference of Prosecutor General Oleg Bozhelko. The judge dismissed the petition as politically motivated and irrelevant to the case. (Belapan, February 10)

VASIL BYKOV LEAVES FOR GERMANY
Vasil Bykov, a well-known Belarusian writer, left Belarus for Germany, where he will live for at least one year. Bykov was invited to Germany by the country's Pen Center. Earlier, the Russian newspaper Izvestiya reported that the Belarusian State Television and other Belarusian state media selected Bykov, a vocal critic of the current Belarusian regime, as a target of its harassment campaign. Bykov told Izvestia in his interview on January 26, 2000 that "today in Belarus we have favorable conditions for the return of the ideology that dominated during the Soviet times." On February 10, Lukashenko expressed regrets about writer Vasil Bykov's sympathy for the political opposition, as well as about Bykov's departure for Germany. "Nobody ousted him from the country," said Lukashenko. "If he chooses to come back to Belarus, nobody will obstruct him." (Belapan, February 6-10)

KGB OFFICIAL: SHARETSKI'S SAFETY GUARANTEED BY CONSTITUTION
Anatoly Lebedko, a prominent opposition leader, received a reply to his letter that called on the Belarusian government to guarantee the safety of Semyon Sharetski, the opposition-appointed Acting Belarusian President in exile, in the event that he returns to Belarus (See Belarus Update Vol.3, No.4). Since last summer, Sharetski has been living in neighboring Lithuania, fearing for his life. The reply, signed by Victor Sheiman, Secretary of the Belarusian State Security Council, lists articles of the Constitution that guarantee safety to every Belarusian citizen. Lebedko says that he is going to send the government a new letter, which will give a detailed outline of the guarantees that Sharetski needs. (Belapan, February 8)

COORDINATING COUNCIL OF NGOs SET UP IN GRODNO
A Coordinating Council of NGOs has been set up in Grodno to create conditions for democratic and fair elections in Belarus. The local branches of the Belarusian Helsinki Committee, the Lev Sapega Foundation, the Movement for Democratic and Free Elections, the Grodno City Club of Voters, and the Belarusian National Voters' Club have joined the Council. (Belapan, February 11)

BHC OPENS NEW BRANCHES
The Belarusian Helsinki Committee will open seven new branches in addition to the ten that the organization has at present, BHC chairwoman Tatiana Protska announced at the Annual General Meeting of the Committee on February 6. The BHC plans to have independent branches in the towns of Soligorsk, Molodechno, Borisov, and Stolbtsy, Minsk region, while the Minsk branch will monitor the human-rights situation in the capital and in several adjacent districts. (Belapan, February 7)

DEMONSTRATOR SUES STATE TV HOST FOR DEFAMATION
On February 9, the Pervomaisky District Court in Minsk began hearing an opposition activist's defamation suit against Alexander Zimovsky, the news host of Resonance, a program of the Belarusian State Television and Radio Company. Zimovsky is known for his harsh commentary about opposition leaders and for his biased statements. Retiree Vera Terlyukevich was offended by Zimovsky's comments regarding the opposition-organized Freedom March in Minsk on October 17. In his program, Zimovsky called the demonstrators "a bunch of dumbheads." "I myself went out to protest," says Terlyukevich in her statement, "because Belarusian citizens did not have access to the mass media to discuss the draft of the Russia-Belarus Union treaty." Terlyukevich claims she saw herself on the screen during Zimovsky's commentary and took it as a personal insult. The judge watched the Zimovsky footage but did not see Terlyukevich among the demonstrators. Terlyukevich voiced doubt that the footage was genuine. Zimovsky, who was present at the hearing, said that his remarks could only be taken as expressions of opinion, not as defamation. At the request of the defense, the judge sent the footage to the Institute of Art Studies, Ethnography and Folklore for a linguistic examination. Terlyukevich demands 3 million denominated BRB (about $4,000) in punitive damages. She says that her assessment of damages was heavily influenced by the amounts that had recently been awarded to Victor Sheiman, Secretary of the Belarusian State Security Council, and Judge Nadezhda Chmara in their cases against the Naviny opposition newspaper. (Belapan, February 9)

VENDORS STRIKE CHRONICLE
On February 5, Leonid Kalitenya, chairman of the Free Trade Union of outdoor market vendors, was arrested at the Zhdanovichi open market near Minsk. He was charged with staging an unsanctioned rally and released before trial. On February 6, Vladimir Kozhukh, deputy chairman of the Council of the Free Trade Union, and several other union activists were detained by the police during their meeting with vendors. The police tried to confiscate a camera from Alyaksandr Vasilyev, acting chairman of the Free Trade Union of the Paudnyovy [Southern] market in Grodno. However, the incident ended when some journalists appeared on the scene.

On February 7, representatives of the Belarusian marketplace and street vendors met with officials of the Ministry of Enterprise and Investment, State Tax Committee, and law enforcement agencies. The officials suggested that they would be willing to continue a dialogue with the vendors on the condition that they suspend the strike. On February 12, vendors were supposed to suspend it. The decision was made after the authorities said that a break in the strike was their main condition for negotiations. A statement issued by Valery Levonevsky, the leader of the strike committee, says that the authorities were ready to begin talks with the vendors. "We are giving the authorities the last of our trust in the hope that officials at all levels will learn a lesson from the strike and stop robbing people," says the statement. The strike committee has urged the government to issue a decree repealing the value-added tax, and ending bribe-extortion by tax and law-enforcement officials. (Belapan, February 6-8)

TRADE UNION LEADER FINED
On February 7, Mikhail Marinich, leader of the Independent Trade Union of Steel Workers, was fined 400,000 BR (about $500) by the Zavodsky District Court in Minsk for staging an unsanctioned protest on December 16, 1999 by the entrance of the Minsk Automobile Plant. While arresting the Trade Union leader, policemen broke his arm. (Charter 97, February 8)

PROTESTER AGAINST UNIFICATION WITH RUSSIA FINED
On February 4, Slavomir Adamovich, a poet and opposition activist, was fined 50,000 BR (about $60) by the Soviet District Court in Minsk for participating in the December 8 protest against the unification treaty between Russia and Belarus. (Viasna 96, February 7)

ORGANIZER OF SCOUTS ATTACK TO STAND TRIAL
Anatoly Silivonchik, a Russian businessman and chair of the Siberia-based Berkut Adventure and Survival club, will stand trial on February 21 in Svetlogorsk. On June 30, members of the Berkut club held a paramilitary exercise, invading the village of Nikolayevka in eastern Belarus. The attackers, 125 lads aged 11-17 were led by 10 ex-servicemen, rounded up terrified residents and brought them to a schoolyard. Those who resisted were beaten up and handcuffed (See Belarus Update Vol. 2, No.28). Silivonchik was arrested on July 1, 1999, and charged with malicious hooliganism and resisting police officers. He has reportedly filed complaints with the Prosecutor General Office of Belarus and the Russian Embassy in Minsk. He claims that all details of the military exercise in Nikolayevka had been discussed in advance with officials of the Belarusian State Committee on Youth Affairs and the Svetlogorsk District Executive Committee. (Belapan, February 10)

--AT HOME IN BELARUS--

BELARUS EXECUTED 14 CONVICTS IN 1999
As of January 1, over fifty nine thousand people were being held in Belarusian prisons, Valentin Sukalo, chairman of the Belarusian Supreme Court, told a press-conference on February 3 in Minsk. More than one thousand thirty crimes were committed in the country in 1999. In the Gomel region, 566,000 people, or every second adult, stood trial on either criminal or administrative charges in 1999. The situation in other Belarusian regions is similar. Belarus carried out fourteen death sentences in 1999, General Oleg Bozhelko, Belarusian Prosecutor General told journalists in Minsk on February 8. (Interfax, February 8)

LUKASHENKO: RUSSIA READY TO BACKUP BELARUS WITH NUCLEAR WEAPONS On February 5, Alexander Lukashenko announced that Russia would be ready to use nuclear weapons if Belarus is attacked by an unfriendly state. He hinted that an appropriate agreement between the leaders of the two ally-countries had been reached earlier. Speaking at a meeting on the occasion of a jubilee of well-known Belarusian actor Rostislav Yankovsky, Lukashenko also touched upon further efforts to broaden Russia-Belarus cooperation in defense. Recently, Lukashenko has made several statements to the effect that a "powerful military grouping" equipped with the most up-to-date weapons, is being created by Russia and Belarus. (Interfax, February 6)

BELARUS WANTS TO MERGE AIR DEFENSE SYSTEMS WITH RUSSIA
Lukashenko's words concerning the nuclear umbrella provided by Russia were in line with a February 8 statement by General Valery Kostenko, commander of the Belarusian Air Defense Forces, that Belarus and Russia should form a joint air defense system to protect their western frontier from NATO. "Why shouldn't we create such a system in peaceful times, if NATO has similar ones?" he told a news conference. Kostenko added that the new system was needed because NATO's eastward expansion had broadened its ability to conduct reconnaissance of the airspace of Russia and Belarus. Kostenko said that a joint air defense system would mean one command, unified military legislation and financing from one military budget. (Reuters, February 9)

-- CALENDAR OF UPCOMING EVENTS --
February 14 - Malady Front to stage action of protest "Belarus into Europe!"
February 15 - Opposition to mark anniversary of withdrawal of Russian troops from Afghanistan
March 15 - Opposition to stage the Freedom March-2.
March 22 - Democratic Trade Unions to stage nationwide protest.
March 25 - Opposition to mark the founding in 1918 of the Belarusian People's Republic, crushed by the Bolsheviks.
April 26 - Opposition to commemorate the 14th anniversary of the Chernobyl nuclear disaster

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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 New York-based human rights NGO in consultative status with the United Nations and ILO.

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 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.

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