Belarus Project

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Belarus Updates, 2000
INTERNATIONAL LEAGUE FOR HUMAN RIGHTS BELARUS UPDATE Edited by Victor Cole Vol. 3, No. 48 November 2000 IN THIS ISSUE - Lukashenko: I am immortal - U.S. urges Belarus to choose the path to democracy - UN accuses regime of numerous allegations of inhumane treatment - AI calls for immediate action needed to end torture in Belarus - Government denies journalist's killing - Harassment of independent press continues - Imprisoned son of opposition activist goes on hunger strike - Trials of opposition activists continues - Opposition leader vs. Dictator - NATO denies report about its plans to finance Belarusian opposition --HUMAN RIGHTS AND OPPOSITION NEWS LUKASHENKO: WHO SAID I AM MORTAL? On November 21, addressing the first session of the newly elected Belarusian parliament, Alexander Lukashenko said that he wants to build an administration that will remain in power for decades, if not centuries. "We must together pave the way for a power that will last for decades and perhaps even centuries," the Belarusian leader said. Lukashenko ruled out what he called "any Yugoslav scenario" in the next year presidential election. He confirmed his desire to hand over "some" of his powers to the parliament "some time in the future," adding that after the presidential election he "may initiate a referendum to make the constitution more flexible." On the same day, the Lukashenko hand-picked parliament elected Vadim Popov, 60-year-old Minister of Agriculture, as its speaker. Local observers believe that the dictator favored Popov, who was born in Russia and therefore is not eligible under Belarusian legislation to run for the Belarusian presidency, over another candidate, Vladimir Konoplev, former deputy speaker and one of the Lukashenko's closest associates. Konoplev subserviently withdrew his candidacy and was awarded for loyalty with a position of deputy speaker. (Belapan, November 22) U.S. URGES BELARUS TO CHOOSE PATH TO DEMOCRACY On November 16, Oscar DeSoto, Deputy Political Counselor, told the Permanent Council of the OSCE in Vienna that the United States has full confidence in the finding of the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) and the European Troika that recent elections in Belarus were not free and fair, and it urges Belarus to "choose the path to democracy." Following is a transcript of his remarks: "Madame Chairperson, the United States would like to reaffirm its position and express full confidence in the ODIHR and the European Troika finding that expressed disappointment regarding the recent elections in Belarus and the finding that they did not meet international standards for free and fair elections." "The United States urges Belarus to implement its OSCE commitments and to choose the path to democracy. Belarus should take concrete steps immediately to meet international standards, including respect for human rights, to pave the way for recognition of the upcoming presidential elections. We are disturbed by the November 15th spot report by the Advisory Monitoring Group that on November 12th the militia in Minsk blocked a peaceful march by youth organizations, including the youth branch of the Belarus Popular Front and arrested approximately 100 youths. We understand that another 15 youths were arrested at a similar march in Grodno. Some of the arrested have been put on trial. University student Andrei Yurkovets has been sentenced to three days in jail and at least three other students were fined 20 minimum monthly wages each. These acts are contrary to Belarus' OSCE commitment to freedom of assembly. They also undermine the international community's confidence in the government's commitment to improve human rights and to establish a period of peace as promised by President Lukashenko." "We reissue our call to the Belarusian authorities to meet their OSCE commitments and international standards for free and fair elections. Only under such conditions can next year's presidential elections win the respect of the international community." (USIA, November 17) UN PANEL NOTES NUMEROUS ALLEGATIONS OF INHUMANE TREATMENT On November 20, the UN's Committee against Torture (CAT), a panel of 10 independent experts who evaluate states' commitments to the UN's binding treaties, issued conclusions and recommendations on the third periodic report of Belarus, citing concern over a deterioration in the country's human-rights situation since the last report of Belarus to the Committee in 1992 and "numerous continuing allegations of torture and other inhumane treatment or punishment" committed by State officials or with their acquiescence. It said such violations particularly appeared to have been committed against political opponents of the Government and peaceful demonstrators, and included disappearances and beatings. The Committee members expressed their concern over a lack of independence of Belarusian prosecutors, particularly as the prosecutor has the authority to extend the duration of pre-trial detention up to 18 months. They also pointed out at the failure to conduct prompt, impartial and full investigations into the many allegations of torture reported to the authorities. The main concern was the lack of independent judiciary, with the President maintaining the sole power to appoint and dismiss most judges, who must also pass through a probationary initial term, and whose tenure lacked independent safeguards. Another concern was the continuing use of the death penalty in the country with inadequate procedures for appeals, lack of transparency about those being held on death row, and the stubborn refusal to return the bodies of executed to their relatives, thus inhibiting any investigation into charges of torture or ill-treatment of them in prisons. In his reply, Alexander Ivanovsky, Deputy Minister of Justice of Belarus, insisted that the Committee failed to substantiate its allegations with evidence, pointing out that it is insufficient to simply state that the judiciary and bar are not independent without offering "convincing evidence." "If the Government of Belarus was going to publish the Committee's conclusions and recommendations in the press, as called for by the Committee, it should be utterly apparent that the Committee's conclusions were factually accurate," Ivanovsky said. The Committee recommended that Belarus amend its domestic penal law to include the crime of torture as defined in article 1 of the Convention, supported by an adequate penalty; to take urgent and effective steps to establish a fully independent complaints-processing mechanism to ensure prompt, impartial, and full investigations into the many allegations of torture reported to the authorities, and the prosecution and punishment, where appropriate, of the alleged perpetrators. CAT urged the Belarusian government to consider establishing an independent and impartial office of ombudsman with effective powers to investigate all complaints of human-rights violations. Any other necessary measures should be taken, including review of the Constitution, laws, and decrees, to establish independence of the judiciary and bar. Efforts should be made to improve conditions in prisons and pre-trial detention centers and a system allowing for inspections of prisons and detention centers by credible impartial monitors, whose findings should be made public, should also be established. The full text of the press release can be found at: http://www.unhchr.ch/huricane/huricane.nsf/view01/90DD92F9685534C6C125699E002C11FB?opendocument Copies of the full text of the CAT conclusions are available from the League. Write belarus@ilhr.org and specify your request in the subject head. AI CALLS FOR IMMEDIATE ACTIONS TO END TORTURE IN BELARUS The Belarusian government should immediately implement the UN CAT's recommendations to stop torture, said Amnesty International on November 21. "The Committee's findings on the overall human rights situation in Belarus indicate the extent to which basic human rights have been trampled on in the country in past years," the organization said. "Belarus should draw the necessary lessons from the Committee's damning report and take immediate steps to put human rights back on the country's agenda." AI has received numerous reports of human rights violations, including the disappearances of leading opposition figures, arbitrary detention and ill-treatment of peaceful protestors. It has for many years documented human rights violations in Belarus, which were often committed with impunity. The organization has recorded a pattern of failure of officials to conduct prompt, impartial and full investigations into the many allegations of torture reported to the authorities, and to prosecute alleged perpetrators. "If Alexander Lukashenko hopes to salvage his country's battered human rights image abroad, he should take immediate action to implement the Committee's recommendations," said AI. "There can be little doubt that the CAT's concerns and recommendations indicate there is much to be done in Belarus," the organization said. The Belarusian authorities should see the Committee's report as an opportunity to take the country forward away from their regressive human rights practices of the present and recent past." (AI, November 21) REGIME DENIES JOURNALIST'S KILLING On November 21, many Belarusian independent newspapers and informational agencies reported that they received an anonymous e-mail allegedly written by a former KGB officer, which said that a former officer of the Almaz (Diamond) Special-Assignment Police Force, five active and two retired officers from the presidential security service, and two Chechens have recently been arrested and confessed to killing Dmitry Zavadsky, ORT cameraman in Belarus missing since July 7 (See Belarus Update Vol. 3, No. 28-32, 46-47). The message, sent to leading independent newspapers and human rights NGOs, was relayed from a free Yahoo e-mail address. The e-mail author said that the suspects showed a spot in a forest outside Minsk where Zavadsky's body is buried; however, the body has not been exhumed yet. The investigators also found a bloodstained shovel. Tests proved that the blood on the shovel was identical to the cameraman's blood. The e-mail writer also said that that the Belarusian State Security Council (KGB) got on the kidnappers' trail following the arrest of Ignatovich, a former officer of the Almaz. During the interrogation, Ignatovich named several Belarusian military servicemen who had collaborated with the Chechen separatists as instructors. Their arrest confirmed the investigators' "Chechen theory." The investigators also established that the same criminal group had been directly involved in the disappearance and assassination of Viktor Gonchar, prominent opposition leader, the e-mail claimed. Soon after reporting the results of the inquiry, two investigators were beaten by unknown individuals, and there was also an attempt to rape the wife of one of them. After holding a secret meeting with Vladimir Matskevich, KGB Chief, Oleg Bozhelko, Belarusian Prosecutor General, and Vladimir Naumov, chief of the presidential administration's security service, Lukashenko gave orders not to exhume Zavadsky's body, and to hand his case over to the Ministry of Internal Affairs on the grounds that the investigation was not intensive enough. [Subsequently, Lukashenko sacked Matskevich and Bozhelko, in a move many analysts say was related to the Zavadsky investigation and other high-profile cases. See next issue of the Update for details---Ed.] On November 21, the Belarusian State Security Council denounced the anonymous allegations that Zavadsky was killed by some officers of Lukashenko's security service, reported Belapan. "We treat this as graffiti on some wall," Fyodor Kotov, KGB spokesman, said of the anonymous e-mail that has been circulating. The same day, Lukashenko dismissed such talk as "lies and blackmail," and blamed Zavadsky's disappearance on Chechnya-based kidnappers. [A week earlier, Lukashenko accused Pavel Sheremet of abducting his colleague Zavadsky himself. Sheremet is head of special projects at ORT, Russia's public television station, and producer of the recently-aired documentary titled "Wild Manhunt," about political disappearances in Belarus, including Zavadsky's abduction. (See Belarus Update Vol. 3. No. 47)-Ed.]. Lieutenant-colonel Dmitry Parton, Press-secretary of the Interior Ministry, denied the allegation from the letter that Zavadsky's case had been transferred from the Prosecutor's Office to the Ministry of Internal Affairs. He confirmed, however, that one of the detained suspects in the case is a former employee of the Almaz. Viktor Morozov, deputy head of the department for combating organized crime and corruption of the Belarusian Prosecutor's Office, called the e-mailed letter "incomprehensible" and suggested that it be turned over for analysis to law-enforcement agents investigating Zavadsky's disappearance. (Nasha Svaboda, Belarusskaya delovaya gazeta, Belapan, November 21-22) HARASSMENT OF INDEPENDENT PRESS CONTINUES On November 20, Narodnaya Volya, an independent newspaper, received a warning from the State Press Committee for disseminating information on behalf of an unregistered public organization, a new offense under the restrictive press laws. The Committees letter refers to the statement published by the newspaper of the Coordinating Council of the Belarusian Democratic Forces titled "Boycott-2000 campaign is victorious" and signed by Amb. Andrei Sannikov, former Deputy Foreign Minister of Belarus and International Coordinator of Charter 97; Ales Beliatsky, head of Viasna Human Rights Center, and other prominent opposition leaders. According to the letter, the newspaper has violated Art 5, part 1, para 9, of the Law On Press and Other Mass Media, since no such organizations are registered by the Belarusian Ministry of Justice. (Charter 97, November 20) IMPRISONED SON OF OPPOSITION ACTIVIST GOES ON HUNGER STRIKE On November 18, Dmitry Obodovsky, 26, son of Sergei Obodovsky, director of the Mogilev Human Rights Center and lawyer of the Mogilev Branch of the Free Trade Union, went on a hunger strike again in an attempt to draw the public's attention to his case. Dmitry's persecution started soon after his father was elected to the local electoral committee of the opposition-staged presidential election [See Belarus Update, Vol. 3, No. 5]. On July 10, 1999, Dmitry was arrested and charged with rape. He had already spent six months in pre-trial detention, when the prosecution realized that it didn't have enough evidence to substantiate the charge. The authorities got Dmitry's cellmate to agree to a plea bargain, which contained a confession of larceny allegedly committed with Dmitry. As a result of the "confession," Dmitry was sentenced to five years and three months in prison. Appealing the sentence, Dmitry's lawyers insisted that serious irregularities occurred during the preliminary investigation and the trial, which was closed to the public. On April 14, 2000, the Tsentralny District court of Mogilev ruled to conduct an expert assessment of the key evidence in the Dmitry's case. Ironically, the same court had earlier decided that the evidence had been obtained illegally and therefore inadmissible. The Mogilev Regional Court sent the case for re-examination, which began in the Centralny District Court of Mogilev on August 25, 2000. On November 14, 2000, the administration of the correctional institution, where Dmitry Obodovsky has been held, filed a report about Dmitry's numerous violations of the detention regime, which may lead to his placement in a punishment cell. Local observers believe that by persecuting Dmitry, the local authorities are trying to impede the opposition activities of his father. Belarusian human rights NGOs demand an immediate and impartial examination of the case and medical assistance to Dmitry. The League urges human rights groups and others concerned about the rule of law in Belarus to join us in writing protest letters about this pattern of harassment and retaliation to the Prosecutor General and to the Prosecutor of the Mogilev region (Anatoly Dudkin, fax: 011-375-222-257-355), the Ministry of Internal Affairs and to the regional Mogilev branch (Svyataslav Kurel, fax: 011-375-222-395-101). Please e-mail us copies of your letters and we will send them on to the Ministry of Foreign Affairs and to the Belarusian Embassy. (ILHR, Belapan, November 18) TRIALS OF OPPOSITION ACTIVISTS CONTINUE On November 16, the Svetlogorsk City Court fined Ales Shevelenko, chair of the local branch of the Malady Front, and Andrei Ponasov, member of the organization, five minimum monthly wages (about $18) each for alleged violation of rules of public sanitation under Art. 143, para 3, of the Belarusian Administrative Code and dissemination of printing production that does not contain the information about publisher under Art. 172, para 3. The boys were arrested while pasting the leaflets calling on the Svetlogorsk citizens to take part in the October 8 unsanctioned rally. On November 20, the Leninski District Court of Minsk acquitted opposition activists Vladimir Kishkurny, Leonid Sadovsky, and Ales Sadovsky, who were arrested for passing out a special issue of Nasha Svaboda, an independent newspaper, and charged with violation of the election legislation under Art. 167, para 3, of the Belarusian Administrative Code, reported Charter 97. Judges Tereshkova and Zhdanok dismissed the case in accordance with Art. 227, para 6, of the Administrative Code, which terminates the persecution of people for advocating the boycott of the election. On November 22-23, the Leninski District Court of Grodno fined Andrei Meleshko, chair of the Grodno branch of the Malady Front, 170 minimal wages (about $600) and Svetlana Nekh 150 minimal wages (about $525) for participation in mass actions which violated public order under Art. 167, para 1, of the Belarusian Administrative Code, reported BPF Adradzhenne. The opposition activists were arrested on October 8 after the Freedom March and on November 12 during a peaceful youth protest called Changes! Vadim Saranchoukov, a former student of the Grodno State University and opposition activist, who in December, 1999, has been expelled by the rector "for systematic nonattendance," (See Belarus Update Vol. 3, No. 1) was reprimanded. (Charter 97, BPF Adradzhenne, November 17- 24) OPPOSITION LEADER VS. DICTATOR Nasha Svaboda reported on November 20 that the Partizansky District Court of Minsk refused to hear a defamation suit filed by Anatoly Lebedko, chair of the opposition United Civic Party, against Alexander Lukashenko, on the grounds that the defendant does not reside in the Partizansky district. [On October 15, in a surreal monologue at a Minsk polling station, Alexander Lukashenko accused Lebedko of receiving financial assistance from the OSCE AMG in Belarus (See Belarus Update Vol. 3, No. 43). Lebedko demanded from the Belarusian leader to produce any evidence to support the accusations.- Ed.] Commenting on the court's decision to reject his suit, the opposition leader said that as a Belarusian citizen he wants to know the legal residence of the leader of the country in order to sue him in court. (Nasha Svaboda, November 20) NATO DENIES REPORTS ABOUT ITS PLANS TO FINANCE BELARUSIAN OPPOSITION Kommersant, a Russian daily, reported that during a speech at the Cambridge Union Debating club in Britain, Jamie Shea, head of NATO's information department, said that NATO plans to finance the Belarusian opposition ahead of the country's next year presidential election. In response to the report, the pro-Kremlin Unity party accused NATO of "interference in internal affairs of a sovereign state" and "breach of international law." On November 21, Shea denied the report. "I did not even mentioned Belarus, let alone NATO's helping its opposition," Shea said in a telephone interview to Interfax from Brussels. (Kommersant, Interfax, November 20-21) SOCIAL DEMOCRATS ASKED TO LEAVE COUNCIL OF DEMOCRATIC FORCES On November 23, the Coordination Council of the Belarusian Democratic Forces asked Narodnaya Hramada, or the Belarusian Social Democratic Party, to resign its membership in the body of the united Belarusian opposition on the grounds that the party's leadership did not comply with the decision of the Congress of Belarussian Democratic Forces to boycott the parliamentary elections, reported Interfax. Party's chair Nikolai Statkevich unsuccessfully ran in the election. (Interfax, November 23) SOCIAL DEMOCRATS HOLD PICKETS IN BORISOV On November 20, activists of the Borisov branch of the Belarusian Social Democratic Party held three short unauthorized pickets near the Crystal Class Plant named after Dzerzhinsky [KGB founder - Ed.], demanding better compensation and improvement in working conditions. No incidents with the police were reported. The opposition activists were overwhelmingly supported by Plant's employees. (Viasna Human Rights Center , November 21) ********************************************************************** 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 Back**