INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE
Edited by Victor Cole

Vol. 5, No. 10
March 2002

IN THIS ISSUE:

- Chigir's Son Sentenced To Seven Years Hard Labor
- Defense Lawyer Charged With Slander, Goes Into Hiding
- Harassment of Independent Media Intensifies
- Border Guards Detain Ten Opposition Activists For Six Hours
- Belarus Human Rights Record Remained Poor In 2001
- U.S. State Dept: Belarus May Become Major Drug Transit
- Head Of Russia-Belarus Union Convicted Of Money Laundering

--HUMAN RIGHTS AND OPPOSITION NEWS-

OPPOSITION LEADER'S SON SENTENCED TO SEVEN YEARS

On March 6, Judge Sergei Khripach of the Leninsky District Court of Minsk, sentenced Alexander Chigir, the youngest son of Mikhail Chigir, former prime minister and opposition leader, to seven years in a hard labor colony with confiscation of property under Art. 205, par. 4, of the Belarusian Penal Code (larceny committed by a group). Chigir's co-defendants, Anton Yashin and Dmitry Yutskevich, received 7.5 and 11.5 years, respectively. All three were accused of stealing four Ford Transit cars. Yutskevich and Yashin were also charged with stealing a Citroen and a BMW. They all pleaded not guilty. The defense lawyers denounced all charges as a fabrication based on Yashin's and Yutskevich's testimonies, which they gave as a result of torture and threats and later retracted, and intend to appeal the ruling. They intend to appeal the harsh sentence. Yutskevich's lawyer Larisa Trifonova said that the complaint would list numerous irregularities and violations of the Criminal Procedure Code during the preliminary investigation.

"We expected that Alexander would be acquitted on at least three of the four counts," defense lawyer Alexander Pylchenko told reporters. "Although Alexander did buy a stolen car from a Russian citizen, he could not possibly know that it was a stolen one, " he added. According to Julia Chigir, Alexander's mother and a member of the defense team, the judge completely ignored the results of the three-month judicial inquiry, which had proved the lack of sufficient evidence to convict. "Sentencing to prison an innocent person is a crime itself. I fervently believe that sooner or later, the judges, prosecutors, and investigators who worked on this case will be punished," said Julia Chigir. Mikhail Chigir denounced the sentencing of his son as a political revenge.

Many international and domestic observers believe that Alexander Chigir was punished in retaliation for his father's political activities. "The investigation failed to prove Alexander Chigir's guilt," commented Anatoly Lebedko, chair of the opposition United Civic Party. "He was punished for his father's political activity and should be regarded as a prisoner of conscience," he said. The UCP leader added that it is time to establish in Belarus the National Hall of Shame, in which Judge Sergei Khripach deserves an honorable place. This coming spring the United Civic Party is to held a series of an unauthorized actions "Chain of People Who Care" to demand an impartial investigation into cases of Alexander Chigir and Alexander Zaitsev, a Zubr activist, who committed suicide on December 20, 2001. Friends and family say he was repeatedly asked by KGB to become an informer and had resisted. (Belapan/Charter 97, March 5)

DEFENSE LAWYER CHARGED WITH SLANDER, GOES INTO HIDING

The Prosecutor's General Office has opened a criminal case against lawyer Igor Aksenchik, who represents Olga Zavadskaya, mother of kidnapped journalist Dmitry Zavadsky, in the case against Valery Ignatovich, Maksim Malik, Aleksey Guz and Sergei Savushkin, accused of committing several crimes, including Zavadsky's abduction.

On February 13, 2002, while speaking to journalists near the entrance to the court's building, Aksenchik said that during the investigation the guilt of four members of the Ignatovich group has not been proved. He said that a number of high-ranking Belarusian officials, who masterminded the abduction of Dmitry Zavadsky as well as Yuri Zakharenko, the former Minister of Internal Affairs, founder of an independent officers' organization critical of the Lukashenko government, who disappeared on May 7, 1999, and Victor Gonchar, a 13th Supreme Soviet deputy chair and a high profile antigovernment politician, who disappeared on September 16, 1999, had not appeared before the court. After being charged with slander, the lawyer went into hiding.

On March 11, the judge is to announce his ruling in to the case. All of the accused, two of whom are former members of an elite police unit, have pleaded not guilty. In mid-February, the Public Prosecutor called for capital punishment for all four men.

Violating various international human rights standards, the trial, which began in late October 2001, has been held behind closed doors. The Government offered no credible reason why the trial should not be open to public scrutiny and repeated requests for access to the proceedings from domestic human rights organizations were rejected. Dmitry Zavadsky's wife, Svetlana, was reportedly only allowed to attend the trial on the condition she did not disclose information about the trial proceedings.

Both international and domestic observers have argued that, although the four accused may have been involved in the murder of Dmitry Zavadsky, Lukashenko's immediate circle of appointees had organized this and other murders of prominent opposition figures. Repeated concern has been expressed that the four accused men will be convicted of the charges and then quickly executed in order to destroy any evidence linking the presidential administration to the crimes. (Nasha Svaboda/ Charter 97, March 6)

OPPOSITION NEWSPAPER WARNED

The Belarusian Prosecutor's Office has issued a written warning to Nasha Niva, an independent newspaper, for "illegal distribution of the printed materials of an unregistered outlet" under Art. 172, par. 3, of the Belarusian Administrative Offences Code. In its "Letters to the Newspaper" section, the newspaper published a Christmas address to parishioners by priest Ivan Spasyuk, minister of the unregistered Belarusian Autocephalous Orthodox Church as well as a short announcement concerning a Christmas service to be held in Kurapaty to honor the memory of thousands of political prisoners executed and buried during Stalin's terror in the 1930s.

The League notes that the authorities repeatedly have been denied registration to the Belarusian Orthodox Autocephalous Church (BOAC). Local courts have refused to hear appeals made by the BOAC, to overturn the authorities' decision not to register their churches. The BOAC is unable to train a sufficient number of priests to meet the growing needs of its parishioners in its 70 parishes because of ongoing registration problems, including the inability to register a seminary.

In July 2000, Belarusian security forces arrested Spasyuk on charges of conducting services without a permit. He later was sentenced to a 5 days imprisonment for allegedly resisting arrest. In May 2001, authorities again arrested Spasyuk while he was attempting to hold a service in the village of Radaulyany, the Brest District. Authorities then summoned Spasyuk and his wife to a local court where, in a closed hearing and without the ability to call witnesses or obtain legal assistance, Spasyuk was detained and then fined for petty hooliganism. (Belapan, March 4)

COURT REFUSES TO HEAR LIBEL SUIT AGAINST OFFICIAL NEWSPAPER

On March 5, Judge Marina Fedorova of the Sovetsky District Court of Minsk dismissed a label suit filed by Tatiana Protko, chair of the Belarusian Helsinki Committee against
Sovetskaya Belorussiya, a state-controlled newspaper.

In its September 5, 2001, issue the newspaper, founded by the Presidential Administration, published a two-page article titled "Operation 'Belarus White Stork'" In the article, the daily alleged that the OSCE mission was acting as an umbrella for the Western spy services that want to overthrow the Belarusian president. Sovetskaya Belorussiya described the Western plan, allegedly dubbed "Operation 'White Stork'" which was supposed to culminate in an opposition march in Minsk on the night after the election and was to include clashes with police." "That will give the West a pretext for refusing to recognize President Lukashenko's re-election and proclaim the election invalid," the newspaper concluded. The article also made claims about the Belarusian Helsinki Committee which caused its leader Tatiana Protko to file a complaint with the Sovetsky District Court of Minks demanding a refutation.

Judge Fedorova ruled that the article was a part of a "political debate" ahead of the presidential elections which are "outside of the court's jurisdiction." (Belapan, March 5)

AUTHORITIES BAN PICKET IN SUPPORT OF PROSECUTED JOURNALISTS

The Grodno City Executive Committee turned down a petition filed by the local branch of the BPF Adradzhenne to hold a picket in support of Mikalai Markevich, editor-in-chief of Pahonia, an independent newspaper, and Pavel Mazeika, a journalist at Pahonia, who on February 13-14, 2002, were indicted by the Grodno Regional Prosecutor's Office for alleged defaming of the Belarusian President under Art. 367, part 2 of the Belarusian Penal Code. "The picketing will not help proceedings in this criminal case anyway," wrote Alexander Martynenko, the Committee's chair in the refusal. (Radio Polonia, March 2)

BORDER GUARDS DETAIN TEN OPPOSITION ACTIVISTS FOR SIX HOURS

On March 1, a group of ten Belarusian opposition activists were held up on the Belarusian-Lithuanian border by the Belarusian border guards for more than six hours. The delegation was on its way to neighboring Lithuania to attend an international conference titled "Prospects for cooperation with Belarus: Experience and Prospects" organized by the Institute of International Relations and Political Sciences of the Vilnius University in Druskininkai, Lithuania, on March 1-2.

"It was a gross political provocation staged to trigger our disobedience to the authorities," said Zhanna Litvina, president of the Belarusian Association of Journalists and a member of the delegation. She added that the custom officials did not hide that they were fulfilling an order. Litvina said that Valentina Polevikova, chair of Nadzeya, Belarusian Women's Party, and Tatyana Protko, head of the Belarusian Helsinki Committee were searched. The border guards also inspected a minivan of the OSCE AMG in Minsk, in which the delegation arrived at the border.

Organizers of the discussion believe that the incident indicates the unwillingness of the Belarusian authorities to seek a dialogue with Europe. "In spite of the interest of the neighboring countries and the international security community to find out the situation and offer an assistance, the Belarusian regime absolutely ignores such initiatives," commented Raimundas Lopata, head of the Institute of International Relations and Political Sciences. (Baltic News Service/ Belapan, March 1-2)

BELARUS HUMAN RIGHTS RECORD REMAINED POOR IN 2001

On March 4, the U.S. Department of State released the 26th Country Reports on Human Rights Practices. The Reports provide a snapshot of the human rights record in almost 190 countries, evaluated under a consistent set of internationally recognized human rights standards and norms.

According to the Report, in 2001, the Belarusian government's human rights record deteriorated further still. The authorities continued to limit the right of citizens to change their government. In the period prior to the September 2001 presidential elections, the regime committed widespread human and civil rights violations, including physical mistreatment of opponents, manipulation of the regime-dominated mass media, intimidation of election observers, and manipulation of the vote count.

The authorities did not undertake serious efforts to account for disappearances of well-known opposition political figures and discounted credible reports during the year regarding the regime's role in those disappearances. Security forces continued to physically mistreat and abuse political opponents, detainees, and others.

There were reports of severe hazing in the military during the year. Prison conditions remained poor. Security forces arbitrarily arrested and detained citizens, and the number of apparently politically motivated detentions greatly increased, although many of those detained were held for brief periods. The security services infringed on citizens' privacy rights and monitored closely the activities of opposition politicians and other segments of the population. Severe restrictions continued on freedom of speech and of the press, and the authorities did not respect freedom of peaceful assembly or association. During the year, the regime introduced several new decrees further severely restricting these freedoms.

The authorities continued to restrict freedom of religion, favoring the Russian Orthodox Church at the expense of the Roman Catholic, Protestant, Greek Catholic, and Autocephalous Orthodox churches. The authorities also restricted freedom of movement. Regime security agents closely monitored human rights organizations and hindered their efforts. Domestic violence and discrimination against women remained significant problems, and anti-Semitism persisted.

The authorities continued to restrict severely workers' rights to associate freely, organize, and bargain collectively; and after the Presidential elections launched a major effort to cut off resources to the trade unions by prohibiting employers from withholding union dues. The International Labor Organization has sanctioned the regime for these violations. There were reports of forced labor. Trafficking in women and girls was a continuing problem.

For the full text of the Belarus Country Report on Human Rights Practices for
2001 please go to http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8226.htm

STUNG BY CRITICISM, BELARUS ACCUSES U.S. OF RIGHTS ABUSES

On March 7, Pavel Latushko, Foreign Ministry spokesman, said the Belarusian government had found nothing new in the U.S. Department of State report on human rights situation in Belarus, alleging that "certain facts" in the report had been "invented." "We draw attention to examples of the abuse of human rights in the United States itself. Where the number of inmates people has risen to more than two million, a figure unequalled in any other country in the world," scoffed Latushko. (Belapan, March 7)

- AT HOME IN BELARUS-

U.S. STATE DEPT: BELARUS MAY BECOME MAJOR DRUG TRANSIT

On March 1, the Bureau for International Narcotics and Law Enforcement Affairs of the U.S. Department of State released its annual report on the situation concerning drug trafficking around the globe. The report says that the economic, political, and geographical situation of Belarus gives it the potential to become a major drug transit and synthetic drug production site. Good rail and road connections running east to west and north to south are used to transport narcotics from areas such as Ukraine, Central Asia, the Caucasus and Russia to the Baltic States, Poland, and Germany. According to the Report, cases of drug heroin trafficking from Afghanistan destined for Poland and Germany have increased dramatically as a result of the customs union that eliminated internal borders between Belarus and Russia. Deteriorating economic conditions and a sharp drop in real wages continue to dislocate many workers and add to Belarus's potential the drug transit corridor.

The Belarusian government currently lacks both the legislative framework and the financial resources to combat drug trafficking. No national drug abuse prevention strategy has been formulated in Belarus. The main emphasis is put on treatment and social rehabilitation of current drug addicts, while only limited efforts are devoted to prevention programs. Treatment for drug addicts is generally done in psychiatric hospitals, either as a result of Court Remand or self-enrollment. The emphasis of treatment is medical detoxification. Psychological counseling, and social rehabilitation is beyond the capacity of local institutions. (U.S. Department of State, March 1)

-BROTHER SLAVS-

HEAD OF RUSSIA-BELARUS UNION CONVICTED OF MONEY LAUNDERING

Pavel Borodin, head of the Russia-Belarus Union and a former Kremlin aide, has been found guilty of money laundering and ordered to pay a fine of 300,000 Swiss francs ($180,000), Swiss prosecutor general Bernard Bertossa announced on March 5. Borodin, the Kremlin's ex-property manager who was close to former Russian president Boris Yeltsin, was suspected of using Swiss banks to launder some $25 million in kickbacks paid out by Swiss firms Mabetex and Mercata, notably to obtain lucrative contracts in Russia. Both firms carried out renovation work at the Kremlin. Arrested in the United States on January 17, 2001, Borodin agreed to be extradited to Switzerland on April 7 last year. He had repeatedly professed his innocence, emphasizing that the contracts were legal, and that he was cleared of charges by a Russian court in December 2000. (Interfax, March 5)
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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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