INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE
Edited by Victor Cole

Vol. 4, No. 1
January 2001

IN THIS ISSUE

- New Criminal Codes Come to Force
- Lukashenko Reaffirms Non-Nuclear Position
- Russia Puts Nukes Back In Kaliningrad Region
- Market Vendors Protest Economic Policies
- Workers Strike in Mogilev
- Chigir Urges Russia to Support Opposition Candidate
- Violence again Journalists Intensifies
- Independent TV Channel Closed
- In Reversal, Court Affirms Deportation of Clergy
- Orthodox Church Doesn't Favor Dialogue
- Most Russians, Ukrainians, Belarusians Favor Reunification

--HUMAN RIGHTS AND OPPOSITION NEWS

NEW CRIMINAL AND PROCEDURAL CODE IN FORCE

On January 1, the new Criminal Code and Code of Criminal Procedures, which were adopted in June 1999, entered into force. While introducing the new codes, Alexander Lukashenko claimed they meet international standards and are the most democratic among CIS countries, reported Itar-Tass. Local and international experts say that no real reform of the judiciary is envisaged by the new legislation. Investigative bodies remain under the control of executive branch, namely, the Interior Ministry, the Prosecution, and the Security Service. Investigators are appointed by and report to the heads of the respective state institutions. Nothing is offered to ease the plight of detainees, who are often treated with cruelty and humiliation. There are many instances of where illegal methods of investigation, including torture, are used to obtain confessions. Investigation and court proceedings are often prolonged, from several months to several years. The cases of Vasily Starovoitov, former head of the country's most successful agricultural joint-stock company; Vasily Leonov, former Minister of Agriculture, and Andrei Klimov, a deputy of the 13th Supreme Soviet and businessman, were in pre-trial investigation for more than two years. During the time, those under investigation were remanded in custody since Belarus has no bail system. Under Lukashenko, judges are pressured to submit to government will, particularly in political cases. "Telephone justice," the practice of executive and local authorities dictating court decisions, is widely reported to continue. Judges are appointed and promoted by presidential decrees. Public defenders are often employed by human rights NGOs, especially for "political" trials, since state attorneys are afraid to participate in such proceedings. The new Criminal Code, which says nothing about public defenders, will further limit the possibilities for public defenders' assistance in criminal cases. The jury system has not been introduced. (Itar-Tass, January 1)

LAWYER OF IMPRISONED SUPREME SOVIET DEPUTY DEMANDS HIS RELEASE

On January 3, Tatyana Statkevich, lawyer of Vladimir Koudinov, imprisoned deputy of the 13th Supreme Soviet, filed an appeal with the Minsk Regional Court requesting revision of her client's verdict in accordance with the new Criminal Code, reported Nasha Svaboda. Art 5 of the new Code stipulates that if the new legislation envisages smaller punishment for someone's past crimes, the sentence should be revised. The deputy was arrested on February 4, 1997, on corruption-related charges and sentenced on August 4, 1997, to seven years in a hard-labor colony. Later, his prison term was shortened to five years. (Nasha Svaboda, January 5)

LUKASHENKO REAFFIRMS NON-NUCLEAR POSITION

On the first day of the New Year, Lukashenko rehearsed his vintage theme of NATO and the United States supposedly harboring intentions to invade Belarus. Lukashenko told journalists in Minsk that Russia and Belarus are ready to strengthen their security under a coordinated action program and, if necessary, will take appropriate measures to prevent a military threat by using all means and forces available, reported Interfax. But despite NATO expansion, Belarus is not considering the return of nuclear weapons to its territory, Lukashenko said. The Belarusian leader recalled that the non-nuclear position is mandated by the Belarusian Constitution, adding that his country had set an example for the world by withdrawing all nuclear weapons from its territory three years ahead of schedule, despite the high economic costs. Belarus inherited a large conventional force and nuclear arsenal when the Soviet Union collapsed in 1991. In 1996, Lukashenko gave up the nuclear weapons to Russia. The opposition regards the Union as a community of two unequal partners into which Belarus was dragged to play the role of Russia's defense shield as Moscow tries to counter NATO's expansion eastward.

…WHILE RUSSIAN NUKES ARE BACK IN REGION

On January 3, the Washington Times broke the news that the Kremlin had returned nuclear weapons to its Baltic enclave, Kaliningrad. It sent a shudder through Kaliningrad's Baltic neighbors and prompted regional politicians and analysts to warn of a return to the tense days of the Cold War. On January 4, Russian officials and defense experts dismissed the report, saying such a move is impractical and makes no military sense. But analysts said it might be a sign of hardening military positions between the two Cold War superpowers, as President Vladimir Putin tries to strengthen Russia's bargaining power against President-elect George W. Bush's professed aim to build a missile defense shield to protect the U.S. from attack by rogue states. (Interfax, Washington Times, January 2-3)

MARKET VENDORS PROTEST ECONOMIC POLICIES
Belapan reported that on January 1-5, about 200,000 Belarusian open market and street vendors, who sell some of the cheapest food and household staples, went on strike. The action was organized by the Independent Trade Union of Belarus and the Free Trade Union of Entrepreneurs. The sellers protest crushing taxes and bureaucracy. The entrepreneurs, as they call themselves, mostly vendors from local marketplaces, demanded immediate tax reductions, simplification of accounting rules, and repeal of certain presidential decrees which stifle the entrepreneurial activity in the country. The local authorities have threatened to remove the vendors from their market stalls if they continue their protest. On January 15, the entrepreneurs are to hold a rally and decide whether to continue with the protest. [Belarus does not have a unified tax code. Tax rates change frequently and without prior notice through presidential or parliamentary decree, and often apply retroactively. The cumulative tax burden on business is heavy, and often totals more than 70 percent.- Ed.] (Belapan, January 2)

WORKERS STRIKE IN MOGILEV

On December 28, a spontaneous strike broke out at the Mogilev-based car-manufacturing plant. About one thousand people left their work stations and blocked traffic, demanding that the administration repay all wage arrears by December 31, reported Charter 97. Within two hours workers received their salaries. (Charter 97, December 31)

WHITE-RED-WHITE FLAG APPEARS IN THE CENTER OF BORISOV

On January 2, opposition activists hung out a white-red-white flag on the building of the City Council in the center of Borisov, Minsk Region. The flag stayed up for several hours before the authorities managed to remove it. The historically national white-red-white flag was used as the Belarusian state flag in the period between the breakup of the USSR and the ascendance of Lukashenko. A referendum initiated by Lukashenko in 1995 resulted in the introduction of Soviet-style state symbols to replace the historic ones, and the white-red-white flag became a symbol of opposition to the Lukashenko government and a symbol of street protests in Belarus. A public display of the flag may entail a sizable fine or several days in jail. (Charter 97, January 3)

CHIGIR URGES RUSSIA TO SUPPORT OPPOSITION PRESIDENTIAL CANDIDATE

On December 30, in an interview to Belapan, Mikhail Chigir, former Belarusian prime minister, now active in opposition, said that the decision who should be the next Belarusian president will be made in Moscow. In late December, Chigir visited Moscow and held unofficial meetings with many influential Russian politicians, during which he urged them to support the candidate from the opposition. "I tried to persuade the Russian political elite that a change of the Belarusian leadership would not bring a worsening of Russia-Belarus relations," the former Premier said. According to him, very few Russian politicians are aware of the real state of affairs in Belarus because their notion of Belarusian reality is based on information received from official channels. (Belapan, December 30)

TWENTY ONE PERCENT OF MINSK RESIDENTS SUPPORT LUKASHENKO

During a public opinion survey conducted by the Zerkalo polling service run by the Belapan news agency, 500 Minsk residents were asked to respond to the question "Whom would you vote for if presidential elections in Belarus were held today?" Twenty one percent of respondents said that they would give their votes to Lukashenko. (Belapan, January 2)

VIOLENCE AGAINST JOURNALISTS ROSE IN 2000

The year 2000 has been marked by a series of assassinations and targeted murders of journalists that highlight the dangers facing reporters around the world, said the International Federation of Journalists, which released its list of journalists and mediaworkers killed during the year. According to the IFJ, at least 37 killings took place, many of them directed against media exposing corruption or expressing political dissent. "The death toll speaks for itself - journalists risk their lives daily for expressing independent opinions and exposing wrongdoing," said Aidan White, IFJ' General Secretary. "In every corner of the world journalists have paid a terrible price in the struggle for democracy." The IFJ's report lists 37 journalists as having been killed as a result of their work, and details 20 cases as under investigation, including the case of Dmitry Zavadsky, ORT cameraman in Belarus missing since July 7, 2000. The deaths of five media staff are also listed. The Report highlights a number of dramatic examples of assassination. Full copies of the report are available on the IFJ Website at: IFJ Killed List 2000

On January 4, the Committee to Protect Journalists (CPJ), a New York nonprofit dedicated to defending the rights of journalists world-wide, released a similar report saying that most of the killings occurred in the countries where assassins have learned they can kill journalists with impunity. In announcing the organization's annual accounting of journalists who lost their lives because of their work, Ann Cooper, CPJ's executive director, said that if people who want to silence the press know they will not be held accountable, they will commit---and get away with---murder. In addition to the 24 cases of killing described in its report, CPJ continues to investigate the deaths of another 20 journalists, where circumstances indicate their killings may have been related to their professional work. CPJ also fears that Dmitry Zavadsky may have been killed in 2000. An official investigation, conducted in secret, now appears to be stalled. By publicizing and protesting these killings, CPJ and IFJ work to help change the conditions that foster violence against journalists. The death toll that they compile each year is one of the most widely cited measures of press freedom in the world. (IFJ-CPJ, January 4)

INDEPENDENT TV CHANNEL CLOSED DOWN
Nasha Svaboda reported that starting January 1, "Vosmoi Kanal" ("Channel 8") the only independent Belarusian TV channel broadcast in Minsk on the eighth frequency wave band [hence the name], was forced to give up its frequency license to Stalichnaye Telebachanne (Capital TV), a TV station founded by the Minsk City Council and reportedly supported by Michael Myasnikovich, head of the Presidential Administration, his deputy Vladimir Zametalin, and Victor Chikin, head of the Belarusian State TV. As of today, Stalichnaye Telebachanne doesn't produce its own programming, simply retranslating Ren-TV, a Russian TV station owned by Gazprom. (Nasha Svaboda, January 5)

--RELIGIOUS FREEDOM IN BELARUS-

COURT AFFIRMS DEPORTATION OF POLISH CATHOLIC PRIEST

In the latest twist in the long-running case of Rev. Zbigniew Korolyak, the presidium of the Brest regional court overturned the revocation of his deportation, reported the Belarusian Interconfessional Association. Korolyak, a Roman Catholic priest from Poland, was forced to leave Belarus in early June 2000, after ministering in the country for 10 years. On November 13, 2000, the same court ruled in favor of the priest in what his lawyer Igor Kabalik called a sensational decision (See Belarus Update Vol. 3, No. 47). A month later, a full panel of the court then reviewed its ruling that the deportation order issued against the priest last May was legal. This latest hearing took place behind closed doors and Korolyak and his lawyer were not even informed about the hearing. The last remaining avenue for Rev. Korolyak to challenge the latest ruling is to take the case to the Belarusian Supreme Court. Such a move is the prerogative of Cardinal Kazimierz Swiatek, head of the Catholic Church in Belarus. Father Korolyak was invited by the Pinsk Catholic Diocese to serve as parish priest of the Church of the Exaltation of the Holy Cross in Brest, but was forced to leave the country, ahead of the deportation order issued by the Leninski District Internal Affairs Directorate of Brest, after encountering increasing opposition from the Brest office of the government's Committee for Religious Affairs (CRA) and the prosecutor's office. The CRA had refused to extend his registration as a priest at the beginning of the year. (Belarusian Interconfessional Association, December 30)

ORTHODOX LEADER HONORS CONTROVERSIAL JOURNALISTS
Nasha Svaboda reported on January 5 that Metropolitan Filaret of Minsk held a reception for Belarusian journalists who "write about Orthodoxy." Among the guests were Michael Shymanski, editor-in-chief of Narodnaya Gazeta, Nina Yanovich, NG correspondent, and Nina Chaika, editor and producer of Belarusian State Radio. The event drew considerable criticism from Evangelical Christians, who pointed out that the invitees are notorious for their harsh comments directed against the evangelical churches in Belarus and unduly loyal to the Belarusian Orthodox Church headed by Filaret. (Nasha Svaboda, January 5)

--BROTHER SLAVS-

MOST RUSSIANS, UKRAINIANS, BELARUSIANS SAID TO FAVOR REUNIFICATION

RIA, the pro-government Russian news agency, reported on January 3 that the majority of those polled in Russia, Ukraine and Belarus advocated unification of the states into one country. The poll was carried out by a research center at the Moscow Academy for Humanities and Social Studies among adults in December 2000. In the course of the study 1,700 were polled in Russia (500 of them in Moscow), 1,100 - in Ukraine and 1,000 in Belarus, pollsters told RIA. Reunification received the support of 61 per cent of Russians (54 per cent of Muscovites), 53 per cent of Ukrainians and 69 per cent of Belarusians. Fifteen per cent of Russians (22 per cent of Muscovites), 36 per cent of Ukrainians and 19 per cent of Belarusians rejected the unification. Twenty-four per cent of those polled in Russia, 11 per cent in Ukraine and 12 per cent in Belarus were uncertain about their attitudes to such a union. Radio Liberty reported those polled in this survey were also asked if they favored a "pre-1917" union, indicating some disenchantment with the Soviet Union per se. But the nature of the unification, and the reasons for seeking it, may not have been addressed adequately in the survey, or at least were not covered by local media. (RIA, RFE/RL Newsline, Jan. 3)

RUSSIA, BELARUS TO COMPLETE BALTIC BORDER DEMARCATION BY 2005

The Russia-Belarus Union will have completed accommodation of its border with the Baltic states by 2005, a spokesman for the Belarusian border guard service told the Military News Agency on December 29. Under a joint border infrastructure development program, which was adopted in 1996, Russia and Belarus have invested about $31.96 million into border demarcation, made operational 14 border crossing stations, and started demarcation of the Belarus-Lithuania frontier. The EU has allocated €1.44 million (about $1.33m) for reconstruction of the Kameny Log border crossing on the Belarus-Lithuania border in the framework of the TACIS program. (Military News Agency, January 1)

-CALENDAR OF UPCOMING EVENTS-

January 15- Market vendors to hold rally
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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 60th year, is New York-based human rights NGO in consultative status with the United Nations.

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.

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