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Belarus Updates, 2000
INTERNATIONAL LEAGUE FOR HUMAN RIGHTS BELARUS UPDATE

Edited by Victor Cole

Vol. 3, No. 47

November 2000

IN THIS ISSUE:

- Police disperse youth march in Minsk, detain 112 people
- AI, ILHR condemn government for crackdown on young protesters
- Government denies maltreatment of political opposition
- Ministry of Justice warns human rights NGO
- Harassment of independent press continues
- Lukashenko to build up army to resist NATO [read: opposition]
- Kremlin plays role of IMF in Belarus

--HUMAN RIGHTS AND OPPOSITION NEWS— POLICE DISPERSE YOUTH MARCH IN MINSK, ARREST 112 PEOPLE
On November 12, hundreds of young opposition activists, many with their faces hidden behind bandanas, marched through Minsk's main thoroughfare in a peaceful youth protest, chanting "Long Live Belarus!", "Youth for Belarus!", "Freedom, Nation, Order, Changes!" The protest started at 6 p.m., near the Academy of Sciences metro station. "Young people want changes," Boris Gunter, activist of Viasna Human Rights Center, told Reuters. "Today they do not have enough force to break police cordons, but as the pressure increases, their activity will grow," he added. "Young people do not want to live in a country of lies and violence, deceit and fear, servile mentality and dictatorship," Pavel Severinets, chair of the Malady Front and a former political prisoner, told journalists before the demonstration. The same day, youth groups staged similar protests against the regime in 25 Belarusian cities, albeit on a smaller scale. At 4:30 p.m. the police had already begun arriving at the gathering place and trying to redirect the rally toward the infamous Bangalore Square, far from the city center. Refusing to follow this route, 200-300 young protesters began moving toward Yakub Kolas square. Soon the protesters were surrounded by riot police wielding clubs and shields. The police began detaining every protester in sight, hunting down demonstrators in side streets and yards, forcing dozens into police vans, and repeatedly kicking them and hitting with truncheons. Many of those detained did not take part in the protest: the demonstration was held in the crowded city center, near dormitories of the Belarusian Polytechnic Academy.

The press office of the Minsk city police has reported that 112 people were detained in Minsk on November 12, explaining that the police had to end the unsanctioned march because participants "were young and excited," and created a dangerous situation in the city. "We didn't mean it to happen. We just wanted to prevent them from shaking up a stable European country," Alexander Lukashenko told a news conference later. 54 detainees were taken to the Sovetsky District Internal Affairs Directorate, or police (DIAD), 21- to the Pervomaisky DIAD, 25 - to the Moskovsky DIAD, 12 - to the Partizanski DIAD. Fifteen demonstrators, including six girls, were detained in Grodno. Three activists of the Malady Front were arrested in Borisov, Minsk Region. While some of detainees were released shortly, many spent the night at police stations and stood the trial the next day.

Vera Stremkovskaya, head of the Human Rights Center and a prominent Belarusian civil rights lawyer, reported that while filling police reports on 16 demonstrators under age 18 at the Pervomaisky District Internal Affairs Directorate, Lieutenant Svetlana Borodina verbally abused and threatened teenagers with severe punishment. Stremkovskaya and the parents of the detained protesters claim that such behavior was caused by alcohol intoxication and filed a complaint with the Directorate.

Ales Belsky and Ales Dubinchuk, both juvenile activists of the BPF Adradzhenne from Pukhovichi, Minsk Region, arrived in Minsk to take part in the action and were detained for almost two days. On November 12, the boys were brought to the Moskovsky District Internal Affairs Directorate and kept there until midnight and then transferred to the Okrestina detention center. Only on November 14, their parents were notified about their kids' whereabouts and allowed to take them home. (Viasna Human Rights Center - Charter 97, November 12)

PROTESTERS STAND TRIAL
On November 13, the Sovetsky District court of Minsk sentenced Andrei Yurkovets to three days in jail and fined him 1,000 BYB (about $1) for participation in mass actions which violated public order under Art. 167, para 1, of the Belarusian Administrative Code. Yurkovets did not take part in the protest and was detained at about 6 p.m. on his way home from the bakery, located near the entrance to the Academy of Sciences metro station. During the arrest, he was told by the policemen that they have been searching for him for days and know everything about his "illegal activities." They did not listen to the young man's desperate explanations that he was completely unaware of the rally.

Andrei Mazovka, Vladimir Samonchenko, Yan Titovich, and Vladimir Lysko were fined 20 minimal wages (about $70) each. Nadezhda Grechukha was fined 25,000 BYB (about $23). Olga Timoshuk, Kiril Chulkov, Vladimir Tkachenko, Yury Grigoriev, and Yaroslav Malishevski were reprimanded. Sergei Klimuk and Denis Mikhalhuk, BPF Adradzhenne activists from Grodno, were fined 30 minimal wages (about $105) each.

On November 16, Sergei Shmelev, Denis Eremenko, Ruslan Kharkevich, and Vitally Koshelev were reprimanded. The trials over others protesters were postponed. (Viasna Human Rights Center - Charter 97 ­ BPF Adradzhenne press service, November 13-16)

AI CONDEMNS REGIME FOR CRACKDOWN ON YOUNG PROTESTERS
"In the week that Belarus is supposed to report at the Committee against Torture in Geneva it is inconceivable that the Belarusian authorities should tarnish their already poor human rights record by putting the young people behind bars for demonstrating peacefully," Amnesty International said in a statement. The human rights organization considers the young detainees, who were arrested for peacefully exercising their right to assembly, as prisoners of conscience. "Belarus must learn that using such shameful degrees of force to herd youngsters, many of whom were minors, onto police buses and into police vans does nothing to improve Belarus' sullied image in the international arena. Such ugly displays are totally at odds with the country's international human rights obligations," AI said. On November 15-16, a representative from the organization visited Geneva to speak to the members of the Committee against Torture. The organization has also submitted to the Committee a report titled "Belarus: Briefing for the UN Committee against Torture." The report highlights the overall egregious human rights situation in Belarus, expressing concern about the possible "disappearances" of opposition figures and the intimidation of their family members, frequent police ill-treatment of detainees, harassment of human rights defenders and opposition figures, arbitrary detention of peaceful demonstrators, the frequent use of the death penalty and appalling conditions in Belarus's prisons and detention centers. The full text of the statement can be found at: http://www.web.amnesty.org/web/news.nsf/thisweek/4384361593df4b1d80256996004fb19b!OpenDocument

LEAGUE SUBMITS DOSSIER TO UN COMMITTEE AGAINST TORTURE
In anticipation of the review of Belarus at the UN's Committee Against Torture, League representatives visited Belarus in October and assembled materials from direct interviews as well as local NGOs, including Viasna 96, Charter 97, the Public Legal Defense Center, and the Belarusian Helsinki Committee as well as local press reports. A brief containing the main issues of concern for CAT was presented to the chair and the expert members, highlighting cases of mistreatment of political prisoners and poor detention conditions for all types of prisoners; cases of disappeared persons; police use of truncheons against peaceful demonstrators and beatings both at street rallies and in precincts; evidence that the judicial system is not sufficiently independent to handle and provide remedies for torture cases; use of the death penalty, lack of transparency and appeals procedures in cases of capital punishment, and refusal to return the bodies of exeuted persons to relatives; and other relevant information. Under the precedents of CAT reviews, cases of disappeared persons are accepted as a form of torture not only due to the possibility that disappeared persons were tortured or murdered, but because the uncertainty by their absence, and the absence of follow-up by government and police officials, is itself a form of torture against relatives and those close to the disappeared. Copies of the report are available from pzalmayev@ilhr.org (ILHR, Nov. 17)

ILHR: REGIME BREAKS ITS PROMISE TO PERMIT FREEDOM OF ASSEMBLY
The International League for Human Rights condemned the regime for crackdown on a peaceful youth protest held in Minsk on November 12. "Your government's handling of the protest in which over 100 people were detained makes a mockery of international standards for freedom of the press and association, violates Belarusian laws, and blatantly breaks the promise of the Belarusian delegation to 'permit freedom of peaceful assembly' made to the UN's Sub-Commission on the Promotion and Protection of Human Rights in August 1999," wrote Catherine Fitzpatrick, League's Executive Director, in an open letter to Alexander Lukashenko. At the 1999 session, the government of Belarus had made a number of pledges to improve human rights, most of which have been violated or ignored, although the invitation to the UN's special rapporteur on independence of the judiciary has been honored.

The League called on Lukashenko to exercise oversight of the police and judiciary and ensure that: 1) those still in detention are released and charges are dropped against those who face trial for participating in the protest; 2) a thorough investigation is made into reports of police brutality during the course of the demonstration and subsequent detentions; 3) immediate legal action against those who may have engaged in police brutality; 4) measures are taken to ensure that citizens are guaranteed their constitutional and internationally-recognized right to engage in peaceful protest actions in the future. (ILHR, November 13)

OPPOSITION PARTY CONDEMNS CRACKDOWN ON YOUNG PROTESTORS
The Conservative Christian Party (CCP), led by Zyanon Paznyak, has condemned the police crackdown on a demonstration staged by an opposition youth organizations. "The brutal and groundless use of force reflects the uneasiness and fear that has struck the servants of the regime, who havelost the ability to soberly evaluate the situation in the country," the party leadership wrote in a statement. "The head of the regime himself has long lacked any arguments except the fist in his 'broad dialogue' with society," the CCP said. "This is how he understands the 'climate of trust' that the international community demands from him." (Belapan, November 15)

REGIME DENIES MALTREATMENT OF POLITICAL OPPOSITION
On November 15-16, the UN's Committee against Torture considered the third periodic report of Belarus, with experts from the panel querying a three-member government delegation on reported detention and maltreatment of members of the political opposition and arrest and ill-treatment of persons participating in political demonstrations. The delegation was headed by Alexander Ivanovsky, Deputy Minister of Justice of Belarus, and included Vladimir Malevich, Deputy Permanent Representative of the Permanent Mission of Belarus to the United Nations Office at Geneva; and Sergei Anoshko, First Secretary of the Permanent Mission.

Introducing the report, Ivanovsky said that Belarus "adhered consistently to human values, and that human rights were the highest value and objective of society and the State according to the Constitution." The Constitution also recognized the priority of generally accepted principles of international law and required that domestic legislation conform with them; international treaties ratified by the country did have legal force in the country, Ivanovsky said, adding that the Belarusian government defended the rights and freedoms proclaimed in such treaties.

The Government has reformed the Penal Code and Code of Criminal Procedure, Ivanovsky said; crimes against humanity and deportation not in accordance with the law, slavery, disappearances, torture, and acts of cruelty carried out on the basis of race or ethnicity or political conviction or religious belief, along with other offenses, had been specifically prohibited. Currently, the nation's court system was being reformed to ensure its true independence, he said. One goal is to protect those bringing cases for human-rights violations.

The Prosecutor-General and district prosecutors are the prime officials responsible for human-rights matters, Ivanovsky said; some 33 complaints had been filed with the Prosecutor office over the past nine months, charging violations of political rights. Over 700 complaints of violations of the rights of detainees and prisoners had been filed in recent years. Some 13 people had been released after the Prosecutor-General had found they were held illegitimately. Because the country was in economic "transition," it was facing difficulties in providing appropriate prison facilities, the Lukashenko official said, and overcrowding was a problem, along with the incidence of diseases such as tuberculosis and HIV/AIDS. Belarus appealed for international assistance to help alleviate this problem.

The Lukashenko government officials insisted that most charges of maltreatment of members of the political opposition in the country had been fabricated and that participants in political demonstrations in 1999 and earlier this year had not been inappropriately detained or improperly treated while in custody. All governments were entitled to maintain public order, and these demonstrations could only be described as disrupting the peace, they said. The officials were "surprised" to hear allegations that opposition members were held in cells with AIDS sufferers and other sick inmates, and that juveniles involved in the demonstrations were beaten. The delegation maintained that AIDS infected are kept separately from other inmates, and juveniles are treated humanely. The treatment of detainees is monitored constantly, the delegation said; at the stage of preliminary detention, detainees were held in investigative centers, and they were allowed to have medical treatment; on entry, they were allowed to ask for medical examinations.

The Belarusian officials also asserted that the country's judiciary was independent, despite accusations by NGOs that judges and lawyers were under the influence of Lukashenko and his notorious "vertikal," or vertical change of command. The fact that senior judges were appointed by the President and could be dismissed by him did not mean they could not function independently, the delegation said.

Questions about freedom of the press seemed beyond the mandate of the Committee, the delegation insisted, but there were in fact numerous newspapers reflecting varying political opinions in the country, including the opinions of the political opposition.

The death penalty did exist in Belarus, and a referendum on the topic in 1996 had shown that the public supported the continued use of the death penalty, the delegation said. Introduction of the sentence of life imprisonment had reduced the number of death sentences; four persons had been sentenced to death so far this year. The full text of the first day discussion can be found at: http://www.unhchr.ch/huricane/huricane.nsf/view01/7CD0866E3FD95837C1256999002B7EE8?opendocument

The full text of the second day discussion is located at: http://www.unhchr.ch/huricane/huricane.nsf/view01/56863668E108B092C125699A002D7027?opendocument. The Committee is scheduled to issue its conclusions and recommendations on the report of Belarus on November 20. (UN, November 15-16)

MINISTRY OF JUSTICE WARNS HUMAN RIGHTS CENTER
Viasna Human Rights Center, a non-governmental organization that sent its report about the human rights violations in the country to the UN's Committee against Torture, reported that on October 26 it received a warning from the Belarusian Ministry of Justice for allegedly using a name that differs from the name registered with the Ministry. Apparently concerned about possible confusion, the Ministry's officials demanded that the organization use "Viasna Human Rights Center Public Association" instead of "Viasna Human Rights Center." Under the current law, two warnings within a year give the authorities sufficient grounds to shut down an organization. (Viasna, November 9)

HARASSMENT OF INDEPENDENT PRESS CONTINUES
The regime added one more line to its long list of the gross violations of the basic principles of freedom of press and unlawful restrictions on independent media outlets. On November 15, without any explanations, the authorities blocked the bank account of Novaya Gazeta (New Newspaper), the only independent newspaper published in Smorgon, Minsk Region, reported the Belarusian Association of Journalists. This year, the newspaper has already received two warnings from the State Press Committee and, therefore, under the Belarusian legislature may be closed down. (BAJ, November 16)

LUKASHENKO TO BUILD UP ARMY TO RESIST NATO [READ: OPPOSITION]
On November 14, during a visit to eastern Belarus, Alexander Lukashenko said he would reinforce THE Belarusian army to "withstand pressure from the West and his political opponents at home." The Belarusian leader said that a strong army is a convincing argument to present to his critics both at home and abroad. "Because we are located on the border with NATO, we must keep our powder dry," he said, referring to the admission of neighboring Poland to NATO last year. "We have the best-trained army in the post-Soviet area. Next year its combat readiness will increase by 30 percent to prevent anyone from poking their nose in here," Lukashenko said at the meeting with deputies of the Mogilev Regional Council. "An attack on us has already been launched," Lukashenko said, adding that he would not tolerate attempts "to shake up the country" and would crack down on unsanctioned protests. "One must not lose his heart while in power," the Belarusian strongman told reporters. He confirmed his intention to seek re-election next year, adding that the election will be "more difficult" than the previous one. "We will be pressed from all directions," he said. Lukashenko also said that he expects the newly elected U.S. president to pursue a policy aimed at improving relations between Belarus and the U.S. "I have always been ready for a constructive dialogue with the U.S., but I cannot watch calmly as my authority is being broken over a knee," he said. (Belapan, November 14)

...AND ACCUSES ORT JOURNALIST OF ABDUCTION HIS COLLEAGUE
Alexander Lukashenko accused Pavel Sheremet, head of special projects at ORT, Russia's public television station, and the author of the recently aired documentary titled "Wild Manhunt," about political disappearances in Belarus, of himself masterminding the abduction of Dmitry Zavadsky, ORT cameraman in Belarus, who has been missing since July 7 (See Belarus Update Vol. 3, No. 28-32, 46), reported Belarusskaya delovaya gazeta, an independent newspaper. "The man, who produced the documentary, is the one who should be charged with abduction," Lukashenko said, adding that the film was aired because the investigators "got too close to the real figures behind the crime." Sheremet refused to comment on the accusations calling them "weird and provocative nonsense." [In unofficial conversations the investigators say that all evidence lead to the Belarusian security services, particularly to Victor Sheiman, secretary of the Belarusian State Security Council, and Vladimir Naumov, chief of the Lukashenko administration's security service.- Ed.]. (Belarusskaya delovaya gazeta, November 15)

BELARUSIAN OPPOSITION MEETS EUROPEAN LEADERSHIP
On November 15-19, the delegation of the Belarusian united opposition, which included Amb. Andrei Sannikov, former Deputy Foreign Minister of Belarus and International Coordinator of Charter 97; Vintsuk Viachorka, chair of the BPF Adradzhenne; Anatoly Lebedko, chair of the Belarusian United Civic Party; and Anatoly Korol, deputy chair of the Belarusian Social-Democratic Party, held a series of meetings with the European high ranking officials, during which they discussed the political situation in Belarus and the prospects for the EU's cooperation with the Belarusian democratic forces. (Charter 97, November 17)

COURT CONSIDERS DEPORTATION OF POLISH CATHOLIC PRIEST ILLEGAL
Belapan reported on November 13 that the Brest Regional Court has ruled that the deportation of Father Zbigniew Korolyak, a Roman Catholic priest from Poland, who was forced to leave Belarus in early June 2000 after ministering in the country for 10 years, was illegal. The court's decision came as a surprise to Korolyak and his lawyer since on October 20 the priest was banned from re-entering the country for ten years. (Belapan, November 13)

KLIMOV'S DEPUTY GRANTED AMNESTY
Leonid Volkovich, deputy director of Andrei Klimov's company, who in March, 2000, has been sentenced to four years' imprisonment, forfeiture of property and three-year abstention from office (See Belarus Update Vol. 3, No. 12) on charges of large-scale embezzlement and forgery, was released under an amnesty declared by Lukashenko earlier this year to mark the 55th anniversary of the victory over the Nazis, reported Nasha Svaboda, an independent newspaper. The criminal prosecution of Andrei Klimov, a deputy of the 13th Supreme Soviet and businessman, who has been sentenced to six years in prison after a controversial eight-month trial, was widely regarded as politically motivated. (Nasha Svaboda, November 17)

-AT HOME IN BELARUS- LUKASHENKO APPOINTS NEW DEPUTY ADMINISTRATION CHIEF
Alexander Lukashenko has appointed Gen. Yury Sivakov, former Belarusian Interior Minister, as deputy chief of his administration responsible for organizational and personnel issues, reported Nasha Svaboda. "Judging by your appearance, you enjoy good health after you have taken a little rest," Lukashenko said to Sivakov, adding that Mikhail Myasnikovich, head of his administration, who is now "barely dragging his feet," desperately needs some help. Expressing a hope that his faithful servant Sivakov will significantly reinforce the presidential administration's leadership, Lukashenko said that he is especially happy with a fact that the former Interior Minister has "normal relations with the opposition." [Sivakov resigned in April, 2000 "for health reasons" after journalists and a representative of the OSCE were detained on March 25, during the Freedom March-2, an opposition demonstration (See Belarus Update Vol. 3, No. 13).-Ed.]. (Nasha Svaboda, November 17)

MINSK DENIES LUKASHENKO FINANCED ANTI-YELTSIN GENERAL
On November 15, Tamara Rokhlina, widow of Gen. Lev Rokhlin, former chair of Russian Duma's Defense Committee, who was found guilty of murdering her husband and sentenced to eight years in prison, told a court that Alexander Lukashenko financed her husband's preparations for an anti-Yeltsin military coup d'etat in 1998, reported Interfax. Mikhail Myasnikovich and Nikolai Borisevich, spokesman of the Belarus Foreign Ministry, have promptly denied the allegations, calling them groundless. (Interfax, November 15)

­BROTHER SLAVS- KREMLIN PLAYS ROLE OF IMF IN BELARUS
Russia and Belarus still cannot agree on which country will have the control of the printing presses and monetary policy if the two economies are merged. So far Minsk has been paying off a $227 million debt to Moscow partly with shipments of tractors. But in an effort to keep the controversial Russian-Belarusian reunification drive alive, Mikhail Kasyanov, Russian Prime Minister, announced on November 14 that Russia would loan Belarus $100 million to help support the wobbly Belarusian ruble, reported Interfax. The loan was announced at a meeting of the Council of Ministers of the Russia - Belarus Union, an organization set up to oversee the eventual assimilation of Belarus into the Russian economy. At the end of this month, President Vladimir Putin and Alexander Lukashenko are expected to sign a treaty on unifying their national currencies. The merger itself will still be five years off, but ultimately Belarus is to accept the Russian ruble as its national currency. Before then, Kasyanov said, the Belarusian economy needs to be brought up to par with Russia's. The loan is to be modeled after similar loans Russia has gotten from the International Monetary Fund: it will be doled out in tranches, with each tranche dependent on both need and on Belarus adopting the economic policies that Russia recommends. A first $30 million tranche of the loan could be delivered to Minsk by the end of December, Kasyanov said. (Interfax, November 14)

BELARUS PROTESTS AFTER TOP DIPLOMAT ASSAULTED IN POLAND
Frosty relations between Minsk and Warsaw has been straining further still since Poland's accession to NATO. On November 10, Vladimir Belsky, Belarusian Ambassador to the Czech Republic, was attacked by unknown assailants in Warsaw as he was driving through Poland to Prague, reported Belapan. The attackers fractured Belsky's arm and stole his car. On November 12, the Belarusian Foreign Ministry sent a note of protest to Poland, drawing the Poland's leadership attention to "an increasing number of attacks on Belarusian citizens in Poland" and demanding a prompt investigation into the case of beating of his Ambassador. (Belapan, November 13)
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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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