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Belarus Updates, 2001

INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE
Edited by Victor Cole

Vol. 4, No. 16
April 2001

IN THIS ISSUE:

- OSCE rejects allegations of spy recruitment
- Foreigner arrested in Belarus for spying
- Regime refuses to review imprisoned deputy's sentence
- Arrests of Zubr activists continue
- Opposition leaders receive heavy fine
- Opposition leader released from jail after hearing
- Presidential candidate warns Lukashenko against election farce
- Independent newspapers protest against state press monopoly
- U.S.: journalism in Belarus is a dangerous profession
- Minsk authorities ban trade union protests
- Gays support democratic opposition
- Regime launches media campaign against non-Orthodox denominations
- Lukashenko demands contributions for spring sowing campaign

--HUMAN RIGHTS AND OPPOSITION NEWS--

OSCE REJECTS SPY RECRUITMENT ALLEGATIONS

In the latest stand-off between the OSCE and the Lukashenko regime, Leonid Yerin, chief of the Belarusian Committee for State Security (KGB), said on April 12 that the OSCE has been recruiting spies under the guise of training domestic election observers. He criticized the Mission for its "associations with militancy, terrorism and other unlawful activities," reported Belapan.

[The accusations came after a month-long campaign by the Belarusian government to tar election-monitoring officials from the OSCE with espionage allegations. The OSCE plans to train 14,000 observers to monitor voting at every polling station during the forthcoming presidential elections. The Lukashenko government has tried to block the deployment of independent observers and recently adopted Decree No. 8 "On Certain Measures of Regulation of the Procedure of Receipt and Use of Foreign Charitable Aid,", which went into effect on April 16, and which bans foreign donations to local NGOs involved in any political activities or election monitoring.- Ed.].

On April 16, Amb. Hans-Georg Wieck, head of the OSCE AMG, denied the allegations, reiterating that the OSCE's co-operation with domestic observers is legitimate and necessary. He explained that OSCE support is provided for courses on electoral law and implementing regulations, and on the exercise of the rights and obligations of electoral observers. The programs were, and continue to be, transparent and have nothing to do with espionage or political militancy, he said. The Ambassador added that by monitoring the compliance of the authorities with electoral laws, the domestic election observers perform an important function within the civil society. (Belapan, OSCE, ILHR, April 13-17)

FOREIGNER ARRESTED IN BELARUS FOR SPYING

On April 19, Fyodor Kotov, the chief spokesman for the Belarusian Committee for State Security, told reporters at a press conference in Minsk that the security services has detained a foreigner on suspicion of recruiting Belarusians and obtaining secret information, and would be charged with espionage, reported Belapan. Kotov refused to give the name of the accused spy, to identify his home country or the country that he was allegedly spying for, or to say what kind of secrets he had been interested in obtaining. The KGB official only said that the individual had been detained while receiving some secret documents. The announcement followed closely on the heels of a tit-for-tat spy scandal between Washington and Moscow, whose lead the Belarusian government often follows. The scandal culminated in the U.S. announcement that it was expelling 50 Russian diplomats, and the Russian decision to throw out the same number of Americans. Other recent signs of Belarusian alarm about potential spies included a virulent attack last month by state television against the U.S. Central Intelligence Agency, which it accused of inciting separatism and financing the political opposition. Lukashenko warned foreign secret services against trying to influence the run-up to this year's presidential elections and threatened that spies would be arrested and imprisoned. (Belapan, April 19)

REGIME REFUSES TO RECONSIDER SENTENCE OF IMPRISONED DEPUTY

The sentence of Andrei Klimov, formerly imprisoned deputy of the 13th Supreme Soviet , will not be reduced in accordance with Art. 5 of the new Criminal Code, which stipulates that if the new legislation envisages smaller punishment for a past crimes, the sentence should be shortened, and the deputy will remain in jail, Valentin Sukalo, chair of the Belarusian Supreme Court, told a press-conference in Minsk. Nasha Svaboda reported that Sukalo said 1,261 convicts were released from jails over the last three months and another 506 had their prison terms reduced. [In March 2000, after a controversial eight-month trial, the Leninski District court found Klimov guilty of large-scale embezzlement and forgery and sentenced him to six years imprisonment (See Belarus Update Vol. 3, No. 12). Judge Vera Tupik ruled that Klimov's property be confiscated and barred him from assuming certain public offices for three years after the completion of his sentence. The criminal prosecution of Klimov was widely regarded as politically motivated.- Ed.]. (Nasha Svaboda, April 20)

ARRESTS OF ZUBR ACTIVISTS CONTINUE

On April 13, at approximately midnight, Pavel Ukhnevich, activist of Zubr, youth nationwide opposition movement, was detained by the police on Slobodskaya Street in Minsk and taken to a police station for alleged writing of the graffiti saying "Where is Gonchar?" regarding the disappearance of Viktor Gonchar, deputy chair of the 13th Supreme Soviet, who disappeared without a trace on September 16,1999. Police confiscated a can of spray-paint from the boy, filed a report and after four hours of detention, let the boy go home at 4:00 a.m.. However, at about 7:00 a.m., Ukhnevich was woken up in his apartment by law-enforcers and taken to the police station again for further interrogation, where he spent five more hours and released at noon. So far, the activists has not been officially charged.

On the same day, Sergei Rimashevsky and Larisa Nikolauk, two other Zubr activists, were detained by the police patrol near the main entrance to the Belarusian State University for distributing Zubr stickers. The activists were physically and verbally abused, brought to the Moskovsky District Internal Affairs Directorate, and charged with "distribution of the printed materials of an unregistered outlet" under Art. 172, par. 3, of the Belarusian Administrative Court. After about six hours, the activists were released. The activists reported that their families were not notified of their detention.

On April 16-20, twenty two more Zubr activists were detained in Minsk, while distributing a special issue of Nasha Svaboda, an independent newspaper, with the excerpts from a medical paper prepared by Dr. Dmitry Schigelsky, a Belarusian psychiatrist who questioned Lukashenko's mental stability, reported Charter 97. Dr. Schigelsky claimed that the Belarusian dictator suffers from a serious mental disorder and presents a danger to society. Four activists were charged with alleged violation of rules of public sanitation under Art. 143, par 3 of the Belarusian Administrative Code and are to stand trial.(Charter 97, April 16- 17)

OPPOSITION LEADERS RECEIVE HEAVY FINE

On April 17, Judge Tatyana Vysotskaya of the Minsk city court fined Nikolai Statkevich, chair of the Belarusian Social Democratic Party, 100 minimum wages (about $500) and Valery Shchukin, deputy of the 13th Supreme Soviet and a journalist of Narodnaya Volya, an opposition newspaper, 30 minimum wages (about $150) for active participation in group actions disturbing the peace under Art. 168, par. 3, of the Belarusian Penal Code, reported Nasha Svaboda. On June 19, 2000, Statkevich and Shchukin were convicted of organizing of and active participation in the October 17, 1999, Freedom March in Minsk (see Belarus Update Vol. 2, No. 42) and were sentenced to 2-year and 18-month suspended sentences, respectively. The opposition leaders had been arrested immediately following the Freedom March, which resulted in clashes between protestors and the riot police. Statkevich was also charged with active participation in group actions disturbing the peace for an unauthorized demonstration held on June 27, 1999. The trial, which began on April 24, 2000, was marked by violations of judicial procedure. In many cases, witnesses were unable to identify Statkevich or Shchukin and appeared to have been coached. Most human rights observers considered the trial to be politically motivated. On August 25, 2000, the Supreme Court, citing procedural and investigative irregularities, upheld an appeal brought by Statkevich and Shchukin, vacated their sentences and returned the case to the Minsk city court for investigation and a new trial.

On April 27, 2001, the Constitutional Court of Belarus is to consider a complaint submitted by Mr. Shchukin regarding his other sentence. On March 20, 2001, Judge Ilyina of the Tsentralny District Court in Minsk sentenced the deputy to three months in prison on charges of "malicious hooliganism" under Art. 339, par. 1, of the Penal Code (see Belarus Update Vol. 4, No. 3, 12). On January 16, 2001, Schukin was refused admission to the press conference held by Vladimir Naumov, Belarusian Interior Minister. Despite Schukin's press credentials and the Law On Press and Other Media, which allows free access to such press-conferences to all journalists, police spokesman Bykov said the event was open only to representatives of the state-run media. The police then detained Schukin at the entrance to the building where the press- conference was to take place, knocked him to the ground, and twisted his arms behind his back. While trying to subdue Schukin, the policemen accidentally broke the entrance door, made of glass. As a result, Schukin sustained several deep lacerations. According to eye-witnesses, Schukin lost a significant amount of blood during the twenty minute interval before the ambulance arrived, and lay on the ground while the policemen continued holding his arms. (Nasha Svaboda, April 18)

U.S.: JOURNALISM IN BELARUS IS A DANGEROUS PROFESSION

In a statement to the UN Commission on Human Rights in Geneva on April 17, 2001, the United States has expressed a strong desire to promote and protect human rights throughout the world. Sichan Siv, a public member of the U.S. Delegation to the Commission on Human Rights, noted that in many parts of the world human rights defenders are often prevented from carrying out their work by the their own governments. Siv cited several examples of human rights defenders who have been subjected to intimidation, torture and death, including Dmitry Zavadsky, a cameraman for the Russian television network ORT, who disappeared on July 7, 2000, at the Minsk National Airport, while waiting for his colleague Pavel Sheremet, an ORT correspondent now working in Moscow. In 1997, both journalists were arrested on allegations of illegally crossing the Belarusian-Lithuanian to shoot a documentary on contraband. "Freedom of expression and a free media are fundamental pillars of civil society. For that reason, journalism is a dangerous profession in certain countries, as the case of Dimitry Zavadsky clearly indicates," said Sichan Siv. The full text of his statement is located at: http://usinfo.state.gov/products/washfile/rights.shtml

LEAGUE PROTESTS ATTACKS ON DEFENDERS, DECREE 8

In a statement delivered to the UN Commission on Human Rights in Geneva on April 17, Prof. Lung-chu Chen, board member of the International League for Human Rights, condemned attacks on human rights defenders around the world and called for both continued public forceful advocacy as well as private communications by the UN on behalf of defenders. Among cases from Europe, the CIS, the Middle East, and Asia, Prof. Chen cited the crackdown on lawyers and human rights activists in Belarus, and indicated that Decree 8, which bans foreign aid to election monitors, was a violation of the General Assembly "Defender's Resolution" signed by Belarus, which specifically validates the importance of the right to receive resources to carry out human rights work. A press release on the statement can be seen at www.unhchr.ch (ILHR, April 17)


PRESIDENTIAL CANDIDATE WARNS LUKASHENKO AGAINST ELECTION FARCE

The Minsk authorities refused to allow the Liberal Democratic Party of Belarus (LDPB) to hold a congress at the Palace of the Republic in order to nominate its chair Sergei Gaidukevich as Party's candidate for the Belarusian presidency, reported Belapan. In an open letter to the Belarusian leader, Gaidukevich wrote that he fervently believes that Lukashenko's authoritarian ruling is about to end and demanded from him to either accept a fair political fight during the forthcoming presidential election or resign. He said that Lukashenko's "pro-Communist entourage" does not fully comprehend the critical political and economic situation in the country and suggested that Belarus would follow Yugoslavia in an upheaval to oust its illegitimate leader. [The LDP is analogous to the Russian party by the same name headed by Vladimir Zhirinovsky.-Ed]. (Belapan, April 19)

INDEPENDENT NEWSPAPERS PROTEST AGAINST STATE PRESS MONOPOLY

Several editors-in-chief of the Belarusian largest independent newspapers sent an open letter to the OSCE to share their concern about the discriminatory measures that the state uses against them ahead of the presidential election, reported Charter 97. The letter noted that the state postal service charges independent papers high delivery rates, while the state-owned publications receive discounts, the authorities ban and censor critical reporting and kept up economic pressure on the independent media by pressuring advertisers to withdraw advertisements, as well as by fines and other administrative means of harassment. The editors asked the OSCE to urge the regime to respect the right of Belarusian citizens to receive, retain, and disseminate information and to cease the shameful practice of discrimination of the independent media. [Although the Belarusian legislature passed a draft law in 1994 to prohibit the existence of a press monopoly, the government maintains a virtual economic monopoly over the press through its ownership of nearly all printing and broadcasting facilities and its management of the distribution of all print media through official outlets.- Ed]. (Charter 97, April 20)

OPPOSITION LEADER RELEASED FROM JAIL AFTER HEARING

On April 13, Yuri Belenki, acting chair of the Belarusian Popular Front Conservative Christian Party (BPF-CCP), was released from jail after serving nine out 15 days of imprisonment for his active participation in the Freedom Day demonstration under charges of violating Art. 167, par. 2, of the Administrative Offenses Code after the Minsk city court reviewed his case and revised the sentence meted out by the Central District Court of Minsk. On April 3, Belenki was accused of leading a crowd of about 200 activists from the Belarusian Liberation Movement and the BPF-CCP from the Independence Square toward the GUM [Main Department Store] of Minsk. Law enforcers blocked the marchers from entering Skaryna Avenue and awaited for them in underground passageways. Interior Minister Vladimir Naumov and his deputy personally supervised the police break-up of the assembly and ordered Belenki to go to a police station for interrogation. Vintsuk Viachorka, chair of the BPF Adradzhenne, was set free from Okrestina Prison, after serving the entire sentence on the same charges. (Charter 97, April 16)

MINSK AUTHORITIES BAN TRADE UNION'S PROTESTS

Faced with mounting public protests, the regime continues to curtail the rights of assembly, which is guaranteed by Art. 40 of the Belarusian Constitution. The Minsk City Council prohibited the Trade Union of Workers of the Agricultural Machinery Industry from holding a series of pickets in the Belarusian capital, arguing that it will threatened public safety, reported Belarusskaya delovaya gazeta, an independent newspaper. With demonstrations remaining the major vehicle for public expression against government policies, the workers wanted to demand from the authorities to stop violations of their rights and improve deteriorating living conditions in the country. On April 18, the Union re-applied for the permission to carry out the action. In case of refusal, the organizers is to appeal the Council's decision in court. By banning the protests the authorities deliberately provoke civil disobedience, they said. Last year, quoting suppression of trade union movements and workers rights, as well as other human rights, the U.S. suspended the country's benefits under the Generalized System of Preferences (See Belarus Update Vol. 3, No. 28-29). (Belarusskaya delovaya gazeta, April 19)

GAYS SUPPORT DEMOCRATIC OPPOSITION

On April 19, Eduard Tarletsky, chair of the Belarusian League for Freedom of Sexual Minorities, said that members of his organization will march along with democratic opposition during the Charnobylsky Shlyakh 2001 in Minsk on April 26 to mark the 15th anniversary of the Chernobyl nuclear disaster, reported Interfax. [In 1993, Art. 121, par. 2, of the Belarusian Criminal Code was liberalized to decriminalize homosexuality for those over the age of 18. The law had previously punished open homosexuality by a prison sentence of up to five years. Gays and lesbians, however, are still automatically barred from army service. After being called to service, those who claim to be homosexuals must undergo humiliating psychiatric examinations. Last year, under pressure from the Lukashenko administration, the Minsk City Council banned the Belarusian Gay Pride 2000, a gay and lesbian parade scheduled for September 9 in Minsk.- Ed.]. (Interfax, ILHR, April 19)

--RELIGIOUS FREEDOM IN BELARUS-

REGIME LAUNCHES MEDIA CAMPAIGN AGAINST NON-ORTHODOX CONFESSIONS

In an effort to protect the dominance of the Russian Orthodox Church and impede the growth of minority religions, the authorities continue to harass other non-Orthodox religions. On April 16, Evgeny Novikov, host of "Human Rights: Worldwide Review," [sic] an analytical program broadcast by the BTR, told his audience that the preservation and development of Orthodox Christianity in Belarus is a moral necessity and that the government encourages a greater role for the Orthodox Church. The journalist stressed the need to combat "destructive sects" that operate illegally in the country in order to preserve the dominance of the Orthodoxy. Valery Shchukin, deputy of the 13th Supreme Soviet and a journalist of Narodnaya Volya, an opposition newspaper, has filed a complaint with the Minsk Prosecutor's Office against the BTR journalist for stirring up racial, ethnic and religious hatred, reported Nasha Svaboda. The Belarusian Helsinki Committee (BHC), a Minsk-based NGO affiliated with the International Helsinki Federation, sent letters to the chairs of the State Committee on Religious and National Affairs (SCRNA) and the Belarusian Television and Radio Company (BTR), urging them to stop inciting religious hatred and societal prejudice through the state media. The BHC reminded the Lukashenko officials that the country's Constitution provides for freedom of religion and condemned the continuous harassment of nontraditional and minority religions on the Belarusian state TV. (BHC, Nasha Svaboda, April 17 - 20)

--AT HOME IN BELARUS--

LUKASHENKO DEMANDS CONTRIBUTIONS FOR SPRING SOWING CAMPAIGN

On April 19, in an emotional televised address to officials, Lukashenko, a former Soviet collective farm director himself, demanded that foreign oil companies and commercial banks share some of their profits with Belarusian collective farms or else face expulsion from the country. He also ordered the government to pay farmers' the allowances they were due. "You will go to Chernobyl behind barbed wire [referring to a highly contaminated radioactive area] and will dig the earth with a spade until you find money," the eccentric Belarusian ruler told Prime Minister Vladimir Yermoshin, Finance Minister Nikolai Korbut, and Mikhail Myasnikovich, head of his administration, during the special meeting on the spring sowing campaign. Lukashenko ordered the government to prepare a list of all foreign--mainly Russian-- companies working in the Belarusian oil sector and to analyze their contributions to date. He said that not only foreign companies but also rich citizens should make their donations to collective farms. "Write down the number plates of all foreign cars in the country and give them to [Interior Minister Vladimir] Naumov," said Lukashenko. He reiterated his order that Belarus should harvest six million tons of grain this year compared to 5.3 million tons harvested in 2000. "Are you listening to me? You need to harvest six million tons, not 5.9 million," he said. "That is the plan, and your public duty is seven million." (Interfax, April 20)

-BROTHER SLAVS--

LUKASHENKO CRITICIZES RUSSIA'S POWER STRUCTURE

On April 17, during a trip to Russia, Alexander Lukashenko said that there was no valid system of authority anywhere in the country, reported Interfax. "Everyone is elected here, everyone is independent and it is not likely to work out well," he said. Commenting on Lukashenko's statement, a high-level source, close to the Russian leadership, told Interfax that he is inclined to see the words of the Belarusian leader as a misunderstanding. "The Russian authorities have never permitted themselves -- not in the past, nor in the present -- such kinds of comments in their relationship with Belarus," he added. (Interfax, April 18)

-CALENDAR OF UPCOMING EVENTS-

April 26- opposition to commemorate the 15th anniversary of the Chernobyl nuclear disaster.

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For daily updates, visit our partners website, Charter 97, www.charter97.org with news in Belarusian, Russian, and English.

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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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