INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE
Edited by Victor Cole

Vol. 5, No. 7
February 2002

IN THIS ISSUE:

-- U.S. Government Concerned About Press Harassment
-- International Pen Club Condemns Violations of Free Speech
-Another Opposition Activist Missing -Harassment Of Opposition Journalists Continues
-Police Break Up Annual Valentine's Day Protest In Minsk
-Zubr Activists Stand Trial For Slandering Lukashenko
-Five Activists Arrested In Vitebsk
-Publisher Of Opposition Paper Fined
-Prosecutor Demands Capital Punishment For Ignatovich
-Lukashenko Refuses To Cooperate With OSCE
-Belarus To Boost Cooperation With Libya, Iran
-Belarusian Jewish Groups Urge Congress To Maintain Sanctions

--HUMAN RIGHTS AND OPPOSITION NEWS-

U.S. STATE DEPARTMENT SPEAKS OUT ABOUT PRESS CRACKDOWN

Following a visit from four Belarusian independent media representatives, on February 8, 2002, Richard Boucher, released a statement in support of the Belarusian free media:

"Assistant Secretary of State for Democracy, Human Rights and Labor Lorne
Craner met February 7 with Mikolai Markevich, Iosif Siaredzich, Andrei
Bastunets, and Viachaslau Khadasousky, representatives of independent media
in Belarus, and reiterated the strong support of the United States for those
advocating freedom of expression and other fundamental rights in Belarus.

"We remain concerned by the Lukashenko regime's harassment and intimidation
of the independent media, including the criminal court cases against Mr.
Siaredzich and Mr. Markevich. We again call upon the regime to eliminate the
climate of fear, improve its performance on basic human rights and
fundamental freedoms, and fully account for the 'disappeared,' including
independent journalist Dmitry Zavadsky."

INTERNATIONAL PEN CLUB CONDEMNS VIOLATIONS OF FREE SPEECH

In recent public statements on Belarus, International Pen Club has expressed concern about the criminal prosecution of libel which is evidently aimed at suppressing any criticism of the leader of Belarus and other top officials. Art. 367 of the Penal Code provides for a maximum punishment of 5 years in prison for "slander of the president"; Art. 368 provides for up to three years of imprisonment for "insult of the president" and Art. 369 provides for up to two years of corrective labor for insulting other officials.

ANOTHER OPPOSITION ACTIVIST FEARED MISSING IN BELARUS

Yuras Korban, 24-year old head of Kontur (Contour), the Vitebsk-based Center for Civic Initiatives and the deputy chair of the Vitebsk Regional branch of the BPF Adradzhenne, has been missing since January 19, 2002. That night, he telephoned his mother to tell her that he was on his way home, then failed to return. On January 23, Yuras called his mother again to say that he had been abducted and would be home shortly if a ransom could be paid for his release. He also asked her not to tell the police about the abduction and come to Minsk on January 28 with the money. On the phone, Yuras's voice sounded different, causing his mother to believe that he had been beaten. His mother did as she was told, but when she arrived to Minsk, no one met her at the rail station. After waiting in vain for hours, she returned home, hoping to hear from her son again soon. When a week passed without any news from Yuras, she decided to file a missing person report with the police, but so far they have not been able to locate him yet. Ms. Korban thinks the demand for ransom was a disguise to hide the real reason for her son's abduction: revenge for his opposition activities. (Viasna Human Rights Center/ Malady Front Press Service, February 11)

HARASSMENT OF OPPOSITION JOURNALISTS CONTINUES

On February 14, Mikalai Markevich, editor-in-chief of Pahonya, an independent newspaper published in Grodno closed by Belarusian authorities in November 2001, and Pavel Mazheika, a journalist at Pahonya, were charged by the Grodno Prosecutor Office
with "slander of the president" under criminal libel statute punishable by up to 5 years of prison; lesser penalties of corrective labor or punitive fines may also be applied. Markevich, who recently visited the US at the invitation of the International League for Human Rights, was threatened with confiscation of property for failure to pay a fine of BYB500,000 (about $350) for "staging an unsanctioned action 'Chain of People Who Care,' in Grodno on November 19, 2001, to protest against the Court decision to close the newspaper. Police came to Markevich's apartment and inventoried his washing machine, TV, and vacuum cleaner and warned the editor that if the fine were not paid by February 18, all these items would be confiscated and not returned. (Charter 97, Viasna Human Rights Center, ILHR, February 13-14)

POLICE BREAK UP ANNUAL VALENTINE'S DAY PROTEST IN MINSK

About three hundred young opposition activists took to the streets in the sixth annual St. Valentine's Day protest called "Belarus Into Europe!" organized by the Malady Front on February 14 in Minsk. The Minsk City Executive Committee banned the action. In the morning, the activists hand delivered Valentine's cards to about 20 Western embassies across the capital, offices of the UN and OSCE AMG in Belarus. "In times of darkness, lies, aggression, repression and dictatorship, we should remember that only love will help us overcome and revive a European Belarus," the Malady Front said in its card to the U.S. Embassy in Minsk.

In the Yugoslavian Embassy the Malady Front members were invited to watch a live broadcast of the trial over Slobodan Milosevic in The Hague. "While watching the trial the Embassy employees laughed at Milosevic. We hope, we will soon be able to laugh at his friend Lukashenko," commented Pavel Severinets, head of the Malady Front.

The Russian Embassy did not receive a card. "We want to join the European Union, not a union state with Russia. Young people don't want a resurrection of the old USSR empire with Belarus becoming a Russian province. We want to live like Europeans," said Sergey Lisichenok, another Malady Front's leader, who recently suffered a serious head injury during clashes with police at the mass gravesite at Kurapaty.

At about 5:00 p.m., the youth, chanting anti-government slogans, began heading down Skaryna Avenue. Police and plainclothes agents videotaped the action. When the marchers reached Yakub Kolas Square metro station, the policemen began rounding up the youths. Several activists, including Natalya Kiyko and Sergey Lisichenok, were detained and taken to the Sovetsky District Internal Affairs Directorate, where they spent about three hours. Speaking through a megaphone, police officers continually announced that the rally had not been sanctioned on Yakub Kolas Square and suggested the protesters move to Bangalore Square on outskirts of Minsk. When the youth stopped near the Polytechnic Academy on Skaryna Avenue, policemen and plainclothes agents violently dispersed the crowd, beating the protesters with truncheons and throwing them into police buses. Sergey Gelbakh, cameraman for ORT, Russia's public TV channel, was knocked to the ground and his camera was broken. Police Lt.-Col. Mikalai Buslo also broke a microphone of a Radio Racyja correspondent.

About 30 activists were brought to the Sovetsky District Internal Affairs Directorate, including Pavel Severinets, Sergey Kostukevich, Artur Finkevich (minor), Irina Viatkina (minor), Vitaly Balashevich, Alexander Sergeychik, Andrei Kozlov, Vasily Parfenkov, Sergey Gerasimovich, Sergey Pisarenko, Anna Solovieva, Dmitry Ovchinnikov, Sergey Trapkin, Kiril Shcherbovich, Ivan and Dmitry Gapanovich, Oleg Snedchik, Dmitry Voitko, Olga Chernykh, Chaikov (first name is unknown) and others. No information has been available what charges they may face. (Viasna Human Rights Center/ Malady Front Press Service, February 14-15)

FIVE ZUBR ACTIVISTS STAND TRIAL FOR "INSULT" OF LUKASHENKO

On February 13, the Shklov, Mogilev Region, District Court continued hearing of the case of Mikhail Kiselev, Maxim Patapchyk, Alexander Pavlovich, Denis Senokosov, and Dmitry Shalashkov, all members of Zubr, the youth opposition movement. If found guilty, the activists face a fine or up to two years of correctional labor or up to six months in prison for slandering the president under Art 367, par. 1, of the Belarusian Penal Code.

On August 14, they were arrested at the entrance of a city store while engaged in a street theater action pretending to "campaign" for Lukashenko. Wearing masks to appear like Lukashenko, the activists promised their fellow citizens to pay the average monthly wage of $100, reduce prices, and imprison "all the thieves, businessmen and everybody else who will vote against me." [Under Decree #11 "On Certain Measures to Improve Procedures of Holding Meetings, Rallies, Street Processions, Demonstrations, other Massive Actions and Picketing," which went into force May 11, 2001, freedom of assembly is heavily restricted in the name of assuring public order and safety, and demonstrators are not allowed to hide their faces behind masks.- Ed.].

Police confiscated the masks, photo camera and T-shirts with the Zubr logo. Two minors were released after about six hours in detention. Three others were charged with "petty hooliganism" under Art. 156 of the Belarusian Administrative Offences Code and spent the night in jail. The next day, the activists stood trial and were acquitted of all charges and set free. However, on August 16, they learned that they are charged with defamation of the president and that their cases will be sent to the local prosecutor.

The trial was postponed until February 26 on the pretext that one of the key witnesses failed to appear in the courtroom to give testimony. Their defender believed that the judge was simply unable to pass the sentence because the case lacks sufficient evidence of the defendants'guilt.

The League notes that the "insult of the president" was introduced as a criminal offence in January 2001, when the new Criminal Code and Code of Criminal Procedures came into force. It was considered by local and international legal experts as an additional means to exert pressure on political opponents ahead of the presidential elections. Unlike any other offence, the criminal proceedings for slandering the president may be initiated only by the public prosecutor's office, which makes the determination of whether the honor and dignity of the president have been offended.

In 2001, the authorities initiated proceedings for slandering the Belarusian leader against Alexander Abramovich, chair of the Borisov branch of Narodnaya Hramada, or Belarusian Social Democrat Party (BSDP); Alesia Yasyuk, Nadezhda Grechukha, both BSDP members; and Dmitry Borodko, chair of the local branch of Viasna Human Rights Center; Natalya Brel, activist of the United Civic Party from Rechitsa, Gomel Region, Vasil Androsyuk, an activist from Brest. But these cases never reached the court stage. Four law suits were opened against Nasha Svaboda, Rabochy, Pahonya, an Narodny President, an independent newspaper, all of which face legal prosecution for alleged slandering the Belarusian president. In January 2002, Alexander Otroschenkov, press secretary of the youth movement known as Zubr (Bison), was charged with the same offence. In an interview with Charter 97, Otroschenkov said that after the presidential elections campaign, about 15 Zubr activists were accused of defaming Lukashenko.

FIVE ACTIVISTS ARRESTED IN VITEBSK

On February 13, the opposition in Vitebsk held an unauthorized picket on Liberty Square protesting widespread poverty, shortages, and rising unemployment as a result of Lukashenko's presidency. The picketers held up posters saying, "Lukashenko, Build Market Socialism on the Moon!" and "The regime can only guarantee poverty and the extinction of Belarusians." Valery Pavlovski, Vladimir Tokarev, Lyavon Pankratenko, Valery Visotski, and Sergey Shapiro were arrested and charged with organizing mass actions that violated public order under Art. 167 of the Administrative Offences Code. (Viasna Human Rights Center, February 13)

PUBLISHER OF OPPOSITION PAPER FINED

On February 12, Judge Angelica Kozlova of the Orsha, Vitebsk region, City Court fined publisher Viktor Andreev, 20 minimal wages (about $120) and upheld the confiscation of four computers, for exceeding the officially-approved circulation for Uskhod Batskaushchyny, another independent newspaper under Art. 154 of the Belarusian Administrative Code (illegal production of the printed materials). (Viasna Human Rights Center, February 13)

PROSECUTOR DEMANDS CAPITAL PUNISHMENT FOR IGNATOVICH'S GANG

The public prosecutor Fedor Shedov demanded the death sentence for Valery Ignatovich and Maksim Malik, both former officers of the Almaz Special-Assignment Police Force, Aleksey Guz, former student of the Police Academy, and Sergei Savushkin, a former convict, who are accused of committing seven premeditated murders, five armed assaults, and two abductions, including the kidnapping of journalist Dmitry Zavadsky, ORT cameraman in Belarus. Zavadsky's body has not been found and no trace of the camera operator has been found since his disappearance in July 2000. Shedov maintained that during the trial, the defendants' guilt was proved and Ignatovich and Malik merited capital punishment under Article 139 of the Criminal Code.

Sergey Tsurko, who represents in court Svetlana Zavadskaya, the wife of the kidnapped journalist, believes that their guilt was not established and that the investigation and search for Zavadsky should continue. Tsurko agreed that there is an evidence of Ignatovich's and his accomplices involvement in Zavadsky's abduction, but if the defendants would be executed without further investigation, a lot of questions would remain unanswered.

Igor Aksenchik, the attorney for Zavadsky's mother, believes that the Prosecutor General Viktor Sheiman is the main suspect in the case, noting that the investigation into the case was stopped by Lukashenko himself. Aksenchik believes that Ignatovich and his accomplices did not mastermind Zavadsky's abduction but presumably are taking the blame for it. The same day, the public prosecutor's office called Aksenchik's allegations "slanderous" and said that the authorities' "reaction will be harsh." (Nasha Svaboda, February 15)

SEVEN BELARUSIANS SENTENCED TO DEATH IN 2001

Belarus remains the only country in Europe which continues to use the death penalty. The continuing use of the death penalty in Belarus with inadequate procedures for appeals, lack of transparency about those being held on death row, and the government's appallingly stubborn refusal to return the bodies of executed to their relatives, inhibit any investigation into charges of torture or ill-treatment of them in prisons.

On February 11, Valentin Sukalo, chair of the Belarusian Supreme Court, told a press conference that seven people were sentenced to death in Belarus in 2001 and 11 more received life sentences. In all, 128 death row inmates have been executed over the past eight years. Five Belarusians are awaiting execution of their sentences. The Supreme Court chair insisted that only convicted murderers of two or more people receive the death penalty in Belarus. Sukalo said that although he believes that capital punishment should be banned, it does not stop him from turning down pardon applications. Answering journalists' questions, Sukalo said that Belarus is not ready for the introduction of the jury system because "it requires higher professionalism" from judges, prosecutors, and defense attorneys and that only 2-5% of all criminal cases can be considered by jury. (Belapan, February 11)

LUKASHENKO REFUSES TO COOPERATE WITH OSCE

On February 12, speaking at a news conference in Minsk, Alexander Lukashenko rejected OSCE conditions for a constructive dialogue across the political and social spectrum of civil society, and between the government and civil society. The four criteria, which the Belarusian leader called "notorious," were established by the OSCE in 2000 as the benchmarks for free and fair elections and the main principles of the ongoing democratization process in Belarus: transparency of the election process, access of opponents to the state-run mass media, non-discrimination of political opponents, and meaningful functions and powers for the current parliamentary body.

"If the OSCE wants to cooperate with us, then come and cooperate. But we will not allow anybody to dictate us any conditions for cooperation," Lukashenko said. According to the Belarusian leader, the OSCE pursues a hidden agenda in Belarus aimed at destroying the existing system of government under the disguise of empowering the parliament. "Do you really want another referendum, changes to the Constitution with all the ensuing consequences? I personally don't!" Lukashenko said. "They [OSCE and other European democratic institutions] told us about their desire to monitor our elections," he continued. "We opened our doors and were punished for our hospitality. They brought their OSCE Group with them which turned into an opposition headquarters."

"Some foreign deputy comes to our country and turns it upside down," said Lukashenko, alluding to a recent visit by Uta Zapf, head of the OSCE Parliamentary Assembly ad hoc Working Group on Belarus. According to Lukashenko, Andrei Klimov, a deputy of the 13th Supreme Soviet, and Prof. Yuri Bandazhevsky, former rector of the Gomel State Medical Institute, violated the country's law and no matter how much pressure the OSCE exerts on him, he sees no legal grounds to set them free. (Belapan, February 13)

FOREIGN MINISTER: US, WEST HAVE "STEREOTYPICAL" VIEW ON BELARUS

In an interview published in the February 5 issue of Sovetskaya Belorussiya, a state- controlled newspaper, Mikhail Khvostov, Belarusian Foreign Minister, accused the OSCE of unfairly assessing the country's democratic processes and called on the European countries and the US to abandon what he described as a "stereotypical" view on Belarus. The official said the Belarusian authorities seek closer cooperation with Europe and dismissed the need for radical economic reforms in the country. "Belarus is a country with an open society and an open economy," said the Foreign Minister. "Radical reforms will be ruinous for the Belarusian people and, of course, for the president and the government," he added.

According to Khvostov, the international observers confirmed that the presidential elections in this country were free and fair. "We received a favorable response from the most important political institution, the OSCE," he added. He also said that each country are free to choose for itself the standards for organizing and conducting the vote. (Sovetskaya Belorussiya, February 5)

-- INTERNATIONAL NEWS --

BELARUS TO BOOST COOPERATION WITH LIBYA, IRAN

On February 11, Vadim Popov, speaker of the House of Representatives of the Belarusian National Assembly, held a meeting with Abdullah Muhammad Al-Maghrawi, Libyan Charge d'Affaires. According to Popov, good political relations between the two countries are not backed up by sufficient economic collaboration, but the recently established intergovernmental commission on trade and economic cooperation can change that. The Libyan official agreed that the level of political contacts between Libyan leader Moamer Kadhafi and Alexander Lukashenko is high and expressed hope the talks on creating a joint ExIm bank and joint ventures will produce positive results. On numerous occasion, Lukashenko urged the lifting of UN sanctions against Libya. Local observers believe that Kadhafi and Lukashenko actively trade weapons and ammunition.

Meanwhile, Mohammed Khatami, president of Iran, another international outcast, accepted an invitation from Alexander Lukashenko to visit Belarus this year. According to Pavel Latushko, press-secretary of the Belarusian Foreign Ministry, details for the trip will be worked out when Mikhail Khvostov, Belarusian Foreign Minister, visits Iran later this month or early next month, Latushko said. (Belapan/ Dow Jones International, February 11-14)

-RELIGIOUS FREEDOM IN BELARUS-

JEWISH GROUPS URGE US TO MAINTAIN SANCTIONS AGAINST BELARUS

On February 11, Yakov Gutman, head of the World Association of Belarusian Jews, urged the US Congress to maintain Cold War-era trade sanctions against Belarus over the demolition of a century-old Minsk synagogue and other antisemitic acts. "There can be no talk of canceling the Jackson-Vanik amendment with regards to Belarus," he said. "I call on members of the US Congress to once again study the situation on the 'Jewish street' in Belarus as the most sharp demonstration of trampling on human rights in the country," he said.

Several former Soviet republics have urged the US Congress to reconsider the Jackson-Vanik amendment, which restricted trade with communist nations that denied Jews and others permission to emigrate. The countries' current governments insist the law is no longer relevant, pointing out that it no longer applies to China and most Central and Eastern European countries.

In September 2001, the synagogue in downtown Minsk was demolished by a private construction company in order to build an apartment house. The synagogue, built in 1897, was closed by Soviet authorities in the 1930s, and during the Nazi occupation it was part of Minsk's Jewish ghetto and housed Jews from many European countries. It was later turned over to a Soviet artists' foundation and was deemed a Belarusian historical landmark. The protests by Jewish groups to the city government and the Ministry of Culture fell on deaf ears. The city government insisted it was a private agreement between the company and the artists' foundation. When Gutman tried to block the synagogue from the bulldozers, he was arrested for 15 days for disturbing the peace.

Investigators have failed to solve arson attacks in recent years against two synagogues in Minsk and the vandalism of Jewish cemeteries in the cities of Brest and Borisov. Last year, Minsk's Jewish Society lost a court case against the publisher of the book of antisemitic writings of the 19th and 20th centuries, including the notorious forgery of the "Protocols of the Elders of Zion." The court ruled the book was a work of research and not an insult to the Jewish people.

Belarusian officials claim that they properly investigate all antisemitic activities. Before the Russian Revolution, the part of the Russian Empire known as "White Russia" was home to millions of Jews and flourishing Jewish communities. But Soviet discrimination prompted many to hide their Jewishness, and many fled to Israel or the West following the 1991 Soviet collapse. According to the 1999 census, just 28,000 Jews remain in today's Belarus. (Associated Press, February 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 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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