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Belarus Updates, 2000
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INTERNATIONAL LEAGUE FOR HUMAN RIGHTS BELARUS UPDATE
Edited by Victor Cole Vol. 3, No. 26 June 2000
IN THIS ISSUE:
-Two Opposition Leaders Receive Suspended Sentence
-Chigir to Run for Belarusian
Presidency Next Year
-OSCE Troika Urges Lukashenko to Negotiate with Opposition
-Lukashenko Parliament Ignores Most Opposition Demands
-U.S. Senators Urge
Albright to Meet with Belarusian Opposition Leaders
-UN Special Rapporteur
Visits Belarus -Opposition Fights Minsk City Council
-Young Opposition Activist
Faces Expulsion from University
-Local Opposition Activist Sentenced -Rock
Concert Banned in Minsk
-Local BPF Leader Beaten
-Lithuania Asks CIS Countries
to Find 1991 Suspect
--HUMAN RIGHTS AND OPPOSITION NEWS- TWO OPPOSITION LEADERS RECEIVE SUSPENDED
SENTENCE
On June 19, Valery Shchukin, a deputy of the 13th Supreme Soviet, and
Nikolai Statkevich, chair of the Belarusian Social Democratic Party, were found
guilty of allegedly "organizing and actively participating in mass actions
which violated public order," during the October 17, 1999, Freedom March in
Minsk (See Belarus Update Vol. 2, No. 42), reported Charter 97. Statkevich is
also charged with the same offense with respect to the July 27,1999 opposition
protest in Minsk. Judge Igor Krot of the Minsk City Court sentenced Statkevich
to a two-year suspended term and Shchukin to one year under Art. 168, para 3, of
the Belarusian Criminal Code. Both opposition leaders are forbidden to leave the
country for the period of their sentences and barred from participating in the
upcoming parliamentary and presidential elections. They denied all charges
brought against them and called the trial politically motivated. The case was
closely watched by foreign diplomats and human rights groups, who accuse
Lukashenko of using prison terms and police brutality to suppress dissent. Both
Statkevich and Shchukin stressed that the presence of foreign observers at their
trial helped lighten the sentences. Statkevich pointed out that the government
was afraid to hand down a stiff jail term because the country needs foreign
investment from Europe and the United States. He called the trial "an act of
political revenge and an attempt by the government to clear the political scene
before the elections," reported Interfax. "They won't scare us, our party and
other democratic organizations will continue to organize protest actions,"
Statkevich told NTV, Russia's independent television channel, after the ruling
was announced. (Charter 97, Interfax, June 19-21)
US EMBASSY CALLS ON AUTHORITIES TO REVERSE SENTENCE
The United States consider
the trial and sentencing of outspoken opposition members Nikolai Statkevich and
Valery Shchukin "politically motivated", said the US embassy in a statement. "As
far as we know, both men plan to appeal against the verdict and we urge the
government to lift all the limitations and charges imposed on them. Continued
harassment of opposition politicians can only weaken the atmosphere of trust and
respect for human rights, which remain necessary pre-conditions for holding free
and fair elections in Belarus." (Belapan, June 21)
MORE SENTENCES TO COME?
Viasna Human Rights Center reported on June 23 that
following the sentencing of Statkevich and Shchukin the authorities intensified
harassment of other opposition activists who took part in the October Freedom
March in Minsk. On June 21, Alexander Novik, 18, was summoned to the office of
the Minsk Prosecutor General, where he learned that criminal proceedings have
been initiated against him under Art. 168 of the Belarusian Criminal Code
"organizing and actively participating in mass actions which violated public
order." He faces up to three years of imprisonment or 2 years of hard labor.
Novik, then a minor, was detained after the Freedom March and fined. (Viasna,
June 23)
CHIGIR TO RUN FOR BELARUSIAN PRESIDENCY NEXT YEAR
In an interview to Belaruskaya
Delovaya Gazeta, an independent newspaper, Mikhail Chigir, former prime
minister, announced that he intends to run for Parliament this fall and for
presidency next spring if Lukashenko would allow fair elections. Earlier this
year Chigir was barred from running for office earlier this year after receiving
a three-year suspended jail sentence for "abuse of power." (See Belarus Update
Vol. 3, No. 21), He hopes that his sentence will be reversed by a higher court
under pressure from Russia, Europe and the United States. "I am going to
continue this struggle, and I have no intention of stopping halfway," he said.
[On June 4, the Congress of the Belarusian Social Democratic Party decided to
support Mikhail Chigir's candidacy in the presidential elections and called on
all Belarusian political parties and public organizations in opposition to the
regime to support its initiative.- Ed]. (Belaruskaya Delovaya Gazeta, June 21)
EUROPEAN TROIKA URGES LUKASHENKO TO NEGOTIATE WITH OPPOSITION
A parliamentary
delegation representing the European Parliament and the Parliamentary Assemblies
of the OSCE and the Council of Europe visited Minsk on June 19-22, as a
follow-up to an earlier visit in March of this year. The delegation included Jan
Marinus Wiersma, chair of the Belarus Sub-Committee of the Political Commission
of the European Parliament, and Adrian Severin, chair of the OSCE Parliamentary
Assembly's Ad Hoc Working Group on Belarus. (Wolfgang Behrendt of the Council of
Europe was unable to travel to Belarus during these dates and sent deputies.)
During their first visit, the Parliamentary Troika had expressed their continued
and ongoing interest in the development of satisfactory conditions for free and
fair elections in Belarus and a true dialogue between government and opposition
in order to settle the constitutional controversy. The second visit concentrated
on discussing these issues in light of the guidelines for international
observers adopted by the Technical Conference of International Institutions on
April 18, 2000. The delegation had meetings with Prime Minister Vladimir
Yermoshin; Ural Latypov, Deputy Prime Minister and Minister of Foreign Affairs;
Vladimir Zametalin, and newly appointed Deputy Head of the Presidential
Administration. [The return of ideology czar Zemetalin to the Lukashenko
Administration is perceived by many local observers as indicative of the
regime's intention to mount propaganda pressure against opposition.- Ed.] The
troika also met with other officials, representatives of the opposition parties,
and the 13th Supreme Soviet, the independent press and the state media
administrations.
Belapan reported on June 22 that the European officials said they were leaning
toward recommending that their organizations should not send observers for
parliamentary elections tentatively scheduled for fall. "The delegation would
not be able to recommend sending international observers to this fall
parliamentary election," Jan Marinus Wiersma told a news briefing in Minsk. "The
Belarusian government must negotiate political changes with the opposition if it
wants a stamp of approval on its next elections," the delegation said. The
opposition enjoys only limited access to the media, the parliament has no
"meaningful functions," and opposition leaders have been punished for organizing
protests against Lukashenko, the delegation said. The groups had previously set
conditions for sending observers, including establishing a democratic election
code; providing adequate access to the media for all political parties and
abstaining from political repression before the vote. The delegation urged the
Lukashenko government "to make full use of the limited time still available and
intensify the process of negotiations with the opposition." Arian Severin told
reporters he hoped neighboring Russia might still persuade the Belarusian leader
to change his policies. "We expect Russia as an OSCE member to undertake an
important role in strengthening the democratic process in Belarus," he said.
Severin added that he is poised between "hope and fear" over the future of
democracy in Belarus. (Belapan, June 23)
LUKASHENKO'S PARLIAMENT IGNORES MOST OPPOSITION DEMANDS
On June 22, the House of
Representatives of the Belarusian National Assembly voted unanimously to widen
the rights of local and foreign observers at polling stations and simplify
procedures for candidates running for office, reported Charter 97. Deputies
rejected Western proposals to allocate 30 percent of seats in local electoral
commissions to opposition members. They also ignored demands for equal access to
state media, for some seats to be contested by party lists as well as opposition
demands for parliament to be given expanded powers. Itar-Tass reported on June
21 that prominent Russian political figures, including former Prime Minister
Yevgeny Primakov and Yabloko Party leader, Grigory Yavlinsky, signed an appeal
to Lukashenko calling on him to liberalize the election process by allowing
opposition access to state-controlled news media and to election monitoring.
(Charter 97, June 22, Itar-Tass, June 21)
REGIME REFUSES TO PUT OFF ELECTIONS PENDING CHANGES TO CONSTITUTION
Belapan
reported on June 22 that the opposition called on the Lukashenko regime to
postpone the parliamentary election pending changes to the constitution.
Government officials ruled out any delay. "It is impossible to put off the
election. This is an avalanche which has already been triggered," Ivan
Pashkevich, deputy head of the Lukashenko administration, told Reuters. "The
country lives by expectations of parliamentary elections and incumbents will
probably [sic!] win them." (Reuters, June 23)
SENATORS URGE ALBRIGHT TO MEET WITH BELARUSIAN OPPOSITION LEADERS
Helsinki
Commission Co-Chair Sen. Ben Nighthorse Campbell (R-CO), and Baltic Caucus
Co-Chair Sen. Richard J. Durbin (D-IL) wrote to Secretary of State Madeline K.
Albright, asking her to meet with Anatoly Lebedko, chair of the United Civil
Party and other Belarusian opposition leaders during the upcoming Community of
Democracies meeting on June 25 - 27 in Warsaw, as a sign of support for those
seeking to overcome the legacy of communism and authoritarianism. "Given the
deterioration of human rights in Belarus and in particular repressive measures
against the opposition, support for democratic forces in Belarus is more
pressing than ever," the senators wrote. "The Belarusian opposition deserves
both our moral and material support as they seek to overcome the legacy of
communism and authoritarianism and build a democratic society firmly rooted in
the rule of law," wrote the senators. "Your meeting with these courageous
individuals would send a clear signal of U.S. commitment to the beleaguered
democratic forces in Belarus." The Community of Democracies meeting, a joint
effort of the Governments of Poland, the Czech Republic, Chile, the Republic of
Korea, India, Mali and the United States, will bring together representatives of
many countries to discuss ways of expanding international cooperation to
strengthen democratic governance. Campbell and Durbin believe that a meeting
between Albright and the Belarusian opposition leaders, would be "particularly
timely given ominous threats recently issued by Belarusian leader Alexander
Lukashenko against the democratic opposition." "We remain very concerned about
the personal safety of Anatoly Lebedko and other Belarusian opposition leaders,"
the Senators wrote. "Belarus, under Lukashenko, has abandoned the democratic
path and slipped toward dictatorship." (Commission on Security and Cooperation
in Europe, June 20)
UN SPECIAL RAPPORTEUR ON INDEPENDENCE OF JUDICIARY VISITS BELARUS
Dato Param
Cumaraswamy, UN Special Rapporteur on the independence of the judiciary, who
visited Belarus on June 12-17, expressed his concern about infringements on the
independence of the judiciary and bar in Belarus. During the mission, the expert
of the United Nations Commission on Human Rights met with government officials,
including representatives from the Ministry of Justice and the Ministry of
Foreign Affairs; members of the judiciary, including judges of the Supreme Court
and the Constitutional Court; and Belarusian attorneys. He also met with
representatives of the prosecutor's office, law professors and several
representatives of human rights NGOs. Within the parameters of his mandate, the
Special Rapporteur focussed on three areas of concern: the judiciary, bar, and
rule of law issues. The UN Special Rapporteur told a press conference in Minsk
that the Belarusian government continues to violate its commitments 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 13th Supreme
Soviet and created a new handpicked legislature. The following are the excerpts
from a report of the mission:
"The independence of judges in Belarus is threatened by the Presidential power
to appoint and dismiss most judges. Judges must also pass a probationary period
of five years after being appointed, leaving them uncertain of their tenure
during this extended period. Such conditional appointments are inconsistent with
independent judiciary. "Of further particular concern to the Special Rapporteur
is the procedure of the appointment of judges to the Constitutional Court. The
President not only appoints six of the twelve judges at his own discretion, but
also appoints the chairman. The chairman can recommend the names of the other
six candidates for appointment by the Parliament. Hence, the Constitutional
Court, which is the most important court, with powers to interpret the
constitution and the legality of laws, cannot possibly be seen to be independent
of the executive."The Special Rapporteur is also concerned regarding the
independence of the bar. All attorneys are required to join an official bar
association to practice law. Admission to the bar is heavily controlled by state
officials from the Ministry of Justice and other agencies, including the State
Security Service. "Under the 1996 Constitution, Presidential decrees were given
equal status to laws. In addition, the President was given the power to issue
temporary decrees of 'special necessity.' Temporary decrees have now been in
force for more than three years, many of them are in contradiction to the
Constitution and laws of Belarus. A constitutional provision allowing Parliament
to delegate legislative power to the President under certain conditions has not
been enacted as law." The Special Rapporteur noted that one particularly
worrying example of a Presidential temporary decree is Decree #40, "On Measures
Regarding Harm Caused to the State." "Confiscation of property without a court
decision is in violation of the Belarus Constitution and Civil Code, as well as
international legal norms," the Special Rapporteur said. He expressed concern
about the beating and arbitrary detention of hundreds of demonstrators and
journalists, including human-rights monitors during the Day of Freedom
demonstration in Minsk (See Special issue of Belarus Update, March 27, 2000),
and the pattern of harassment and intimidation of human rights defenders in the
country. [On June 1, 2000, the Human Rights Center has been burglarized by
unknown persons who broke the window and entered the office at night. Valuable
computer equipment and documents as well as a copier were stolen (See Belarus
Update Vol. 3, No. 23). On May 20, the Public Legal Aid Association was also
burglarized. (See Belarus Update Vol. 3, No. 22). Last year the Viasna Human
Rights Center and the Belarusian Helsinki Committee were also raided and their
computers were stolen.- Ed.]. "The refusal to initiate a criminal proceedings
against the authorities in related cases called into question the independence
of the prosecution," he said. He called on the Belarusian authorities to
investigate these cases and ensure that human-rights defenders are protected in
accordance with the UN Declaration on Human Rights Defenders, of which Belarus
is a co-sponsor. The full text summarizing the activities of the Special
Rapporteur of the Commission on Human Rights on the independence of judges and
lawyers can be found at: http://www.unhchr.ch/ in the press section.
OPPOSITION FIGHTS MINSK CITY COUNCIL
On June 20, the United Civic Party and
Charter 97 picketed the Minsk City Council, protesting against municipal
authorities' crackdown on citizens' right to exercise the freedom of speech and
assembly and unlawful and anti-constitutional ruling to move the places of
pickets and mass gatherings to Bangalore Square on outskirts of Minsk, reported
Belapan. The demonstrators held banners "We demand freedom of assemby and
pickets!", "Statesmen and policeman, the respect the law will guarantees your
safety!" Two protesters, Vladimir Romanovsky and Aleksey Rodionov, were arrested
and brought to the Moskovsky District police station. The activists were
released the same day. No protocols were filed against them. On the next day,
Romanovsky was arrested by plain-clothed law-enforcement agents near apartment
building where he leaves. He is to stand trial on June 27. Charter 97 reported
on June 22 that the petition of the United Civic Party to the Moskovsky District
Court of Minsk to start legal proceedings against the Minsk City Council was
turned down. Judge Gusakova referred to the Art. 8 of the Belarusian law "On
Assemblies, Rallies, Street Protests, Demonstrations and Pickets," which
stipulates that the authorities decision to change the place of the action can
not be appealed to court. (Belapan, June 22- Charter 97, June 20-22)
LOCAL OPPOSITION ACTIVIST SENTENCED
On June 15, a local branch of the Belarusian
Social Democrat Party (BSDP) held an unauthorized picket in the city of Borisov,
Minsk Region, protesting against deteriorating living conditions in the country.
Alexander Abramovich and Anatoly Telezhnikov chained themselves to a flagpole
near the Lenin monument and unfolded banners: "We are not animals, we need hot
water" and "Discharge the mayor of Borisov!" The opposition activists were
arrested and brought to the police station, where protocols were filed against
them. On June 19, Alexander Abramovich, chairman of the BSDP Borisov branch, was
sentenced to 12 days' administrative detention for allegedly organizing and
actively participating in "mass actions violating the public order." (Charter
97, June 20)
YOUNG OPPOSITION ACTIVIST FACES EXPULSION FROM UNIVERSITY
On June 15, Pavel
Severinets, chair of the Malady Front and a former political prisoner, was not
allowed to defend his diploma written in Belarusian at the department of
geography of the Belarusian State University, the press service of the Malady
Front. The opposition activist, a straight A student, faces suspension from the
University. [Severinets was arrested on April 2, 1998, following his
participation in an opposition rally against closer ties with Russia. He was
kept in pre-trial detention center for two months and then released on his own
recognizance after a written pledge not to leave the country. In September,
1998, Severinets was re-admitted to the Belarusian State University after a
12-month leave.- Ed.]. (Press service of the Malady Front, June 16)
LOCAL BPF LEADER BEATEN BY CHAUVINISTS
On June 20, Ales Pikula, chair of the
Baranovichi branch the BPF Adradzhenne, was attacked by the Belarusian
followers of Eduard Limonov, a notorious Russian chauvinist, reported BPF Press
service. The opposition activist was alone in the office, when he opened the
door to three youngsters, who started beating him up. Pikula managed to escape
and called his friends from the office of one of the local independent
newspapers. He filed a complaint with the police. (BPF Press service, June 21)
OPPOSITION ACTIVIST ACQUITTED
Viasna Human Rights Center reported on June 19
that opposition activist Dmitry Marchuk was acquitted by the Oktyabrsky District
Court in Minsk. Marchuk was detained on May 19, 2000, on charges of disorderly
conduct opposite the building of the Minsk City Court, where the trial of
Mikhail Chigir was held. Along with another opposition activist, he was fined
two minimal wages (about $5) under Art. 156 of the Belarusian Administrative
Code. The judge did not find any evidence of offense in Marchuk's activities and
dismissed the case. (Vyasna, June 19)
OPPOSITION GIVEN PERMISSION TO HOLD CONGRESS IN JULY
Charter 97 reported on June
19, the Coordination Council of the Belarusian Democratic Forces received
permission from the Minsk City Council to convene a congress in Minsk on July 2.
On June 17, the organizing committee responsible for the preparation of the
Congress, chaired by Yury Khadyka, BPF Adradzhenne deputy chairman, agreed on
the quotas of delegates from each major political party, NGO, and trade union.
About 900 delegates are expected to take part in the gathering. The Congress is
to adopt a resolution on the current political situation in the country and make
a final decision on whether to participate in this fall's parliamentary
elections. Belapan reported on June 21, Zyanon Paznyak, chair of the
Conservative Christian Party of the Belarusian Popular Front, said his Party
will not participate in the Congress. He believes that the forum will divert the
democratic opposition's attention from the All-Belarusian Congress, which is to
convene on July 29. (Charter 97, June 19 - Belapan, June 21)
TO KEEP FAR FROM
THE KGB IS TO STAY CLEAN
In recent years the Belarusian KGB has focused its
attention on independent media and has made several attempts to recruit
journalists from opposition periodicals. Sergey Misuk, a journalist with
Brestsky Kuryer, an independent daily, described his personal experience with
the KGB in an article entitled "A New Means To An Old End" published by
Transitions Online. KGB officers offered to provide the journalist with special
information that "only independent, non-state newspapers have the guts to
publish." "Taking into consideration Lukashenko's will to silence independent
media, the KGB could easily supply the independent newspaper with some
information that it would then be penalized or fined for publishing, and
eventually closed," concludes the author of the article. The full text of the
article can be found at: http://www.tol.cz/
ROCK CONCERT BANNED IN MINSK
A rock concert, organized by Belaruskaya
Maladezhnaya, an independent newspaper, in the Janka Kupala Park in Minsk, was
banned by the Minsk City Council, reported Charter 97. The officials explained
their refusal was due to the fact that the park is being prepared for the
anniversary of the Liberation of Belarus from the Nazis. (Charter 97, June 21)
ASSOCIATION OF BELARUSIAN POLES NOT ALLOWED TO BUILD SCHOOL
The local
authorities in Novogrudok (Grodno Region) have not allowed the Association of
Belarusian Poles to build a Polish-language school in the town without any
reasonable explanations, Tadeusz Gavin, chair of the Association told Belapan.
Gavin intends to appeal the decision to the Grodno City Council. (Belapan, June
16)
--AT HOME IN BELARUS-- SOME JOBS ARE NOT FOR WOMEN
The Belarusian Cabinet of
Ministers has adopted a list of jobs for which employers are not allowed to hire
women, reported Belapan. The list includes 252 jobs such as butcher, freight
train attendant, and firefighter. The Cabinet's resolution adds, however, that
employers may give the listed jobs to women if the employer ensures safe
conditions, which must be certified by the State Inspection of Labor Conditions
and the State Sanitary Control Service. (Belapan, June 20)
--INTERNATIONAL NEWS- LITHUANIA ASKS CIS COUNTRIES TO FIND 1991 SUSPECT
Lithuanian prosecutors announced on June 22 that they had asked Russia, Belarus,
and Ukraine to track down and summon for trial 42 people suspected of taking
part in the 1991 Soviet crackdown against Lithuania's independence, reported
Reuters. " Last August, a Lithuanian court sentenced six defendants for their
role in organizing and backing the crackdown on January 13, 1991. Fourteen
people were killed -- one of the bloodiest incidents in the fall of the Soviet
empire. Originally 51 people were indicted, including former Soviet Defense
Minister Dmitry Yazov, ex-KGB chief Vladimir Kruchkov and Vladimir Uskopchik,
recently appointed deputy defense minister in Belarus. The six convicted are
serving three to 12-year sentences but are appealing the verdicts. The trial
began in November 1996 and is considered the largest in the Baltic state's
history. (Reuters, June 22)
--CALENDAR OF UPCOMING EVENTS--
July 2 - Coordination Council of the Belarusian
Democratic Forces to hold a Congress in Minsk July 29 - the All-Belarusian
Congress to hold its first session on in Minsk
************************************************************************
The
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
59th 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) 661-0480 or fax
(212) 684-1696 or visit our web site at www.ilhr.org
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