INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE

Edited by Victor Cole

Vol. 5, No. 31-32

August 2002

IN THIS ISSUE:

- Authorities Demolish Autocephalous Church Building

- U.S. "Shocked But Not Surprised" By Latest Attacks On Religion

- Newspaper Heavily Fined For Libeling State Official

- Chronicle Of Arrests And Harassment Of Opposition Activists

- Persecution Of Opposition Party And Its Leader Continues

- Regime Accuses U.S. Of Double Standards On Human Rights

- U.S. Embassy: We Report Facts As They Exist

- Two More Death Row Inmates Executed In Belarus

- Opposition Leader Appeals Tax Evasion Conviction

- Israel Closes Its Embassy In Minsk

- RELIGIOUS FREEDOM IN BELARUS -

AUTHORITIES DEMOLISH NEW AUTOCEPHALOUS CHURCH

On August 1, law enforcement agents, camouflaged and armed with automatic weapons, surrounded the village of Pogranichny, Berestavitsky District, Grodno Region to allow demolition crews equipped with cranes and bulldozers to demolish a newly constructed building of the Belarusian Autocephalous Orthodox Church (BAOC), which refuses to submit to the officially-sanctioned Belarusian Orthodox Church..

Parishioners, who gathered to dedicate the new building, and opposition activists, who arrived to the village to support them, tried to prevent the demolition by linking arms around the church and chaining themselves to its pillars, but were violently dispersed. Eight persons, including Valery Shchukin, a correspondent for Narodnaya Volya, an independent newspaper, and deputy of the 13th Supreme Soviet; Sergei Malchik, leader of the Grodno branch of Viasna Human Rights Center; Vladimir Gilmanovich, deputy chair of the Grodno branch of the Belarusian Association of Journalists; Dmitry Gorshanov and Oleg Romankevich, both human rights activists from Grodno; Andrei Pachobut, a correspondent of Glos Znad Niemna, a Polish newspaper; Irina Chernyavka, journalist of Belarusky Chas, and Andrei Pisalnik of Den, an independent newspaper, were arrested.

Shchukin was charged with violation of Art. 166 of the Administrative Offences Code ("disorderly conduct and disobedience to police") and sentenced to 15 days in jail. "The policemen alleged Shchukin was resisting them. But we saw them beating the 60-year old journalist as he was lying on the ground and unable to defend himself," commented Father Yan Spasyuk. Malchik, Gilmanovich, Gorshanov, Romankevich, and Pachobut were charged with violation of state border regulations (Art. 184) and fined BYR 50,000 (about $30) each. Pachobut, Chernyavka, and Pisalnik spent the night in custody and fined 100,000 (about $60) each for the same offence.

Officials of the Berestavitsky District Executive Committee insist that the building had been built by Father Spasyuk without permission. Spasyuk maintains that in 2000, the Committee granted him permission to build the church and a residence for himself and his family. The local authorities vigorously deny that the building is a church. "First, Spasyuk applies for permission to build a private house, then he tells Russia's NTV that he is building a church," commented Pyotr Dudko, an official at the Committee's Religious Affairs Department, who also insisted that a private house may not be used as a church and that Father Spasyuk is not a "real priest." "Spasyuk was stripped of holy orders by the Moscow Patriarchate," said Dudko. "Spasyuk is not a priest of the Orthodox Church and the destroyed building is not a church," stated Andrei Petrushkevich, spokesman for Metropolitan Filaret, the Russian Orthodox Church leader in Belarus, to which the Belarusian church is loyal.

The demolition is indicative of a series of recent attacks on religious freedom and human rights in Belarus. Earlier this year, the Belarusian parliament considered a highly restrictive law on religion, ultimately deciding to postpone a vote until the fall session. Along with attempting to get the more strict religious bill passed, the government has stepped up harassment of non-Russian Orthodox religious communities. The Autocephalous Orthodox Church, which is separate from the Belarusian Exarchate of the Russian Orthodox Moscow Patriarchate, has 70 parishes in Belarus. It has been repeatedly denied registration by the authorities. Without registration, many parishes can not rent or purchase property to conduct religious services. In August 2000, Father Spasyuk was charged with resistance of police and sentenced to five days in jail. The KGB proposed that he give up attempts to revive the BAOC in Belarus. (Keston News Service/ Viasna Human Rights Center, July 29-31 - Belapan, August 2)

U.S. "SHOCKED BUT NOT SURPRISED" BY NEW ATTACK AGAINST RELIGION

Rep. Christopher H. Smith ( R-NJ), Co-Chair of the Helsinki Commission of the U.S. Congress, said he is "shocked, but not surprised" that the Lukashenko government demolished a newly-constructed church building of the Autocephalous Orthodox Church. "This outrageous crime further demonstrates how ruthless, corrupt and immoral Lukashenko's rule has become," Smith said. "Is nothing sacred in Belarus today, that the regime has to stoop so low as to level a parish church? Since Lukashenko has led Belarus to become a pariah state in the heart of Europe, nothing he does surprises me any more," Smith observed.

"I condemn Mr. Lukashenko and the Belarusian Government for the wanton destruction of this house of worship. Regardless of ecclesiastical differences between the two village parishes, government intervention is uncalled for and demolishing of a church building is unacceptable," Smith said. "This further demonstrates the true nature of the Lukashenko regime and strengthens my resolve to pass the Belarus Democracy Act." [The Belarus Democracy Act of 2002, H.R. 5056, would promote democratic development, human rights, and rule of law in Belarus. The bipartisan measure authorizes an increase in assistance for democracy-building activities, encourages free and fair parliamentary elections, and would impose sanctions against the Lukashenko regime, including denying his high-ranking officials entry into the United States.-Ed.].

--HUMAN RIGHTS AND OPPOSITION NEWS-

NEWSPAPER HEAVILY FINED FOR LIBELING OFFICIAL

In the latest crackdown on free media freedom in Belarus, Judge Anatoly Savich of the Moskovsky District Court of Minsk ordered Nasha Svaboda, an independent newspaper, to publish an apology to Anatoly Tozik, chair of the Belarusian State Control Committee, and to pay BYR 100 million (about 55,070) in punitive damages for "insulting his honor, dignity and business reputation." Mikhail Podolyak, a Nasha Svaboda journalist, was fined BYR 5 million (about $2,750).

On July 26, 2002, Tozik filed a libel suit against the newspaper claiming that in its July 16 issue the newspaper published Podolyak's article titled "Confidential," which smeared his reputation. The official demanded BYR 200 million (about up to $110,130) in damages from the newspaper, and additional BYR 15 million (about $8,260) from Podolyak. On July 31, the police raided Nasha Svaboda's headquarters, seizing office equipment.

The trial was attended by U.S. Ambassador Michael Kozak. "This is yet another case that could not happen in any of the countries bordering Belarus," he said. Pavel Zhuk, Nasha Svaboda's editor- in-chief, and Podolyak intend to appeal the verdict. Zhuk, who previously ran two other newspapers, both of which were closed by authorities, called the trial "the coordinated actions of authorities who are trying to destroy all independent press in the country." "This case is politically motivated and was initiated at the direct instruction of Alexander Lukashenko," he added. Zhuk believes that as Lukashenko's faithful servant, Tozik wanted to please his master, who on July 18 ordered him and Prosecutor General Viktor Sheiman to "bring to justice" those journalists "who destabilize the situation in the country and violate the existing law." The Belarusian leader accused the independent media of "tarnishing the reputation of the governmental officials ahead of the local and parliamentary elections."

On August 1, during a meeting with the staff of Sovetskaya Belorussiya, a state-controlled newspaper, Lukashenko admitted again that he is "allergic to the non-state media's constant allegations" against him and predicted an "unenviable future for the independent press," reported Belapan. "They [independent journalists] expect me to lose my balance. I have lost a great deal of health while governing this country, and I pray to God help me to continue," Lukashenko complained. "I am allergic to their stories about me and I certainly should do something to ensure proper order," threatened Lukashenko.

Local observers believe that this court's decision against Nasha Svaboda is part of a recently escalated governmental campaign designed to eliminate the remaining vestiges of free media in Belarus. On June 23, 2002, the Leninsky district court of Minsk found Mikola Markevich, editor-in-chief of Pahonya, an independent weekly newspaper, and Pavel Mazheiko, a journalist for the same newspaper, guilty of libel against president Lukashenko (Art. 367 (2) of Belarus Criminal Code) and sentenced them 2.5 years and two years of hard labor respectively. [The sentence was subsequently reduced on appeal to one year for each journalist-Ed.]

On September 11, 2002, the Pervomaisky district court in Minsk is set to try Viktor Ivashkevich, editor-in-chief of another independent newspaper, Rabochy. The journalist is charged with libel of the Belarusian president in his publication and is facing up to five years in prison.

On August 5, 2002, unidentified persons burglarized the office of Zgoda (The Concord), a Minsk-based independent newspaper with a circulation of 3,000 copies, taking hard discs and the entire database while leaving other assets, including money and video equipment. So far, there were no reports that authorities have made credible efforts to investigate the incident.

In an open letter to Alexander Lukashenko, the League urged to use the power of his office to ensure that Nasha Svaboda is allowed to publish again, to investigate the burglary of Zgoda's office, and to restore a climate in which all independent media outlets can function freely and without fear of persecution. In doing so, the Belarusian leader will be honoring the international commitments on freedom of expression to which Belarus is a signatory. (Charter 97, July 31 - Nasha Svaboda, August 2 - Belapan, August 5)

CHRONICLE OF ARRESTS AND HARASSMENT OF OPPOSITION ACTIVISTS

On July 29, the Tsentralny District Court of Minsk sentenced Pavel Severinets, leader of the Malady (Youth) Front, to ten days imprisonment for holding an unauthorized demonstration, reported Viasna Human Rights Center. On July 27, about a hundred young opposition activists linked hands in front of the presidential residence in Minsk to mark Independence Day and to support freedom of speech. Holding the traditional national white-red-white flags and copies of opposition independent newspapers, the picketers demanded an end to the harassment of free media. "It is necessary not only to have independence for Belarus, but it is the right of the citizens of Belarus to receive independent information," Severinets told demonstrators.

After the rally, the activists split into three groups. One group, headed by Alexsey Shein, press secretary for the Belarusian Popular Front (BPF Adradzhenne), delivered a statement in support of the recently convicted Pahonya journalists addressed to the Presidential Administration, the Belarusian Constitutional Court, and the Supreme Court. The second group, led by Pavel Severinets brought the statement to the Prosecutor's General Office. Severinets was taken into custody as he left the building. Dmitry Dashkevich, another member of the Malady Front, was detained shortly thereafter. Both activists were brought to the Tsentralny District Internal Affairs Directorate, where they were kept in custody for two days. Vyacheslav Sivchik, deputy chair of the Popular Front and several other activists who delivered the appeal to the Council of Ministers, managed to escape arrest by finding refuge in a nearby church. Police blocked the entrance to the building, then retreated after a group of Russian and Belarusian journalists arrived in response to a telephone call from the besieged activists.

On July 29, Timofey Dranchuk, a member of the youth movement Zubr, was arrested and brought to the Okrestina detention center to serve a ten-day jail term under Art. 167, par. 2 ("participation in mass actions violating public order"), reported Charter 97. The charges stemmed from unauthorized actions staged in March 2002 in many Belarusian cities to mark the 84th anniversary of the Belarusian National Republic. Judge Tatyana Pavluchik of the Tsentralny District Court of Minsk based her decision to punish Dranchuk on police reports and the testimony of two OMON (riot) officers. She ignored all other evidence, which included a videotape made by NTV, the Russian private television network, which tended to establish that Dranchuk attended the Freedom March as a reporter. While in detention, Dranchuk started suffering high blood pressure and chest pains, but was denied medical assistance. Only two days later, when the activist's health deteriorated significantly, the administration called a doctor, who ordered immediate hospitalization.

On August 1, Leonid Malakhov, a member of the United Civil Party and co-chair of Private Property, a human rights organization promoting businessmen's rights in Belarus, was sentenced to ten days in jail for organizing the anti-Lukashenko action "We Can't Live Like This!"

On August 7, Svetlana Nekh, deputy chair of the Grodno branch of Maladaya Hramada, an organization of the Young Social-Democrats, was sentenced to ten days' imprisonment for taking part in an unauthorized action called "Chain of People Who Care" staged on July 8 in Grodno. The activists commemorated another year since the disappearance of journalist Dmitry Zavadsky in 2000 and demanded an impartial investigation into his disappearance. Nekh declared a dry hunger strike in protest against the sentencing. (Charter 97/ Viasna Human Rights Center, July 29-August 5)

HARASSMENT OF OPPOSITION PARTY AND ITS LEADER CONTINUES

The Minsk headquarters of the United Civic Party (UCP) were searched again by a representative of the Prosecutor's office of the Sovetsky District of Minsk, reported the party's press service on August 1. The official was reportedly looking for any printed materials that insult the honor and dignity of the Belarusian leader. Anatoly Lebedko, the party's chair, was summoned to the Prosecutor's office and interrogated about the content of Hramadzianski Forum (The Civic Forum), a periodical published by the UCP, and other printed materials found in the UCP's Minsk office.

A month earlier, Alexander Petrash, first deputy of the Belarusian Minister of Justice, ordered an audit of the Party's activities. The large-scale inspection has been launched right after the party's leadership had appealed to the Supreme Court requesting to annul the Ministry's warning issued to the UCP for publishing information that allegedly "denigrates the honor and dignity of the head of the state, and contains unconfirmed and slanderous allegations." Narodnaya Volya, an independent newspaper, carried in its April 27 issue an article titled "Return What Is Stolen!" written by Lebedko. The opposition leader accused Lukashenko of continuous defiance of the international law by supplying Iraq and other rogue states and terrorist regimes with high-quality military equipment in order to obtain hard currency. (UCP, August 1)

REGIME ACCUSES U.S. OF DOUBLE STANDARDS ON HUMAN RIGHTS

The Belarusian Foreign Ministry prepared a 49-page response to the U.S. human rights report for 2001, accusing the State Department of pursuing a policy of double standards toward Belarus, reported Belapan on August 1.

The State Department report, which was released in March 2002, says that in 2001 the regime's human rights record continued to be very poor and worsened in several areas. The authorities continued to limit severely the right of citizens to change their government, committed widespread human and civil rights violations, including physical mistreatment of opponents, intimidation of election observers, and manipulation of the vote count during the presidential elections. The authorities did not undertake serious efforts to account for disappearances in previous years of well-known opposition political figures and discounted credible reports during the year regarding the regime's role in those disappearances. Security forces arbitrarily arrested and detained citizens, and the number of politically motivated detentions greatly increased. Severe restrictions continued on freedom of speech and of the press, and the authorities did not respect freedom of peaceful assembly or association. [The report's full text can be found at: http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8226.htm -ed.].

The State Department's annual human rights reports "misinform and confuse the international community," said Alexander Sychov, deputy Foreign Minister. "The United States continues to practice double standards in the sphere of human rights toward Belarus," he added. The Foreign Ministry official expressed hope that the response prepared by the Ministry and given to Amb. Michael Kozak, U.S. envoy to Belarus, and other State Department officials would help the next report to be "more accurate." (Belapan, August 1)

U.S. EMBASSY: WE REPORT FACTS AS THEY EXIST

Responding to the Belarusian government's reaction to the Human Rights Report, the U.S. Embassy in Minsk released the following statement:

"We have reviewed carefully the comments on the Belarus portion of the 2001 annual report on Human Rights provided to the Embassy and to the Department of State by the Ministry of Foreign Affairs of Belarus. We note that the Ministry's comments largely tend to confirm the facts stated in the report, while disputing some characterizations and conclusions. Where factual differences were raised, they were not of such a character as to call into question the report's conclusions. (For instance, the Ministry states that four Zubr activists were detained not on April 4, 2001 as stated in the
report, but on March 4, 2001.)"

"We regret having continually to report significant worsening in the human rights situation. We would like nothing better than to include in the 2002 Human Rights report language that would indicate that the Government of Belarus has taken significant steps to improve the human rights situation in accordance with internationally recognized criteria. However, our mandate on the report is to report facts as they exist. We therefore have no choice but to note with dismay and report instances such as the closure of Pahonia, the finding against Nasha Svaboda, the destruction of an Autocephalous Orthodox Church, and the continued harassment of the United Civic Party, and its leader Anatoly Lebedko. We call on the Government of Belarus to correct these situations, reverse the trend in the human rights situation this year, and to take positive steps to improve the situation in order that we can note improvements in next year's report."
http://www.usembassy.minsk.by

TWO MORE DEATH ROW INMATES EXECUTED IN BELARUS

Two death row inmates were executed in Belarus while their cases were still awaiting consideration by the UN Human Rights Committee, reported the Belarusian Helsinki Committee (BHC), a Minsk-based NGO affiliated with the International Helsinki Federation.

On June 22, 1998, Maksim V., then 20 years old, was found guilty of brutally murdering two people and handed the death sentence. His accomplice, Anton B., received ten year's imprisonment. Igor L., born in 1967, was sentenced to capital punishment for the same offence. Three other members of his gang, who masterminded the killing, were sentenced to 15 years of high security prison each.

According to Gary Pogonyailo, a prominent Belarusian human rights advocate and BHC member, both Maksim V. and Igor L., were not given a fair trial. He believes their guilt was not proven conclusively. After the appeal was denied, their mothers filed a complaint with the UN Human Rights Committee. Ignoring the fact that the cases were sent for consideration to the Committee, the authorities executed the young men shortly after the Belarusian president refused to pardon them.

Despite the fact that the death penalty has never been shown to deter crime more effectively than other punishments and is brutalizing to all involved in its application, Belarus remains the only country in Europe which continues to use it. The inadequate procedures for appeals, lack of transparency about those being held on death row, and the authorities' refusal to return the bodies of the executed to their relatives, inhibit any investigation into charges of torture or ill-treatment of them in prisons. (BHC, August 5)

OPPOSITION LEADER APPEALS TAX EVASION CONVICTION

Mikhail Chigir, former prime minister and opposition leader, filed an appeal against a tax evasion conviction that he has said was politically motivated, Belapan reported on August 5. On July 23, Judge Natalya Varenik of the Frunzensky District Court of Minsk sentenced him to three years and a half years in prison, postponing the execution of the sentence for two years, with confiscation of property for alleged tax evasion (Art. 160 of the Criminal Code). Under the sentence, he is also ordered to pay BYR 8,36 million (about $4,500) in penalties for the back taxes and banned from taking a supervisory position in a business entity for the next five years. Chigir had argued that under Belarusian law, he was not required to pay income tax in 1998 and 1999 when he was working for a German company in Moscow because he spent more than 183 days out of the country.

Chigir reiterated he is not guilty and that the court decision was personally ordered by Lukashenko. He also expressed doubts that his appeal would get anywhere because the Belarusian courts are not independent. (Belapan, August 2)

- INTERNATIONAL NEWS-

ISRAEL CLOSES ITS EMBASSY IN MINSK

David Peleg, a senior official in the Israeli Foreign Ministry in charge of Central Europe, visited Minsk for two days of talks with Foreign Minister Mikhail Khvostov; Ural Latypov, presidential administration chief; and Vladimir Konoplyov, Lukashenko's parliamentary representative. The visit came amid accusations by the Belarus Jewish Association that the government had permitted the spread of anti-Semitism in the country. Citing budget cuts in the Ministry, Peleg announced Israel closes its embassy in Minsk. (Belapan, July 31)

- AT HOME IN BELARUS-

AUTHORITIES SHUT MCDONALD'S IN MINSK

The Minsk City authorities temporarily closed the capital's largest McDonald's to make way for a new building of the Belarusian State University, erecting a fence around the building near the city's railroad station, reported Belapan on August 2. U.S. Ambassador Michael Kozak commented that the situation was one of many cases in which the Belarusian authorities violated agreements with foreign investors. "Investors must know that it is not safe to invest money in this country," he said. The Belarusian Foreign Ministry lashed out at the U.S. ambassador's criticism of the country's business climate, saying it was "unreasonable" to portray the dispute over McDonald's as a "conflict between Belarusian authorities and international investors." "It is an economic dispute which has nothing to do with politics," said Pavel Latushko, Foreign Ministry spokesman.

In 1997, McDonald's signed an agreement to lease the land for its restaurant until 2036. However, officials later said the land the city rented out actually belonged to the university, which has a building next to the restaurant. Last year, the university said it intended to build on the land where the McDonald's stands. Negotiations between the company and the university produced no compromise.(Belapan, August 2-7)

- CALENDAR OF UPCOMING EVENTS -

September 9-19- -OSCE Human Dimension Implementation Meeting
September 16- - -Third anniversary of the disappearance of Gonchar and Krasovsky
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The Belarus Update is a weekly news bulletin of the Belarus Human Rights Support Project of the International League for Human Rights (www.ilhr.org). The League, now in its 61st year, is New York-based human rights NGO in consultative status with the United Nations ECOSOC. Visit our website for back issues, analysis, and links to news sites and NGOs in Belarus: www.belarusupdate.org For queries on how to subscribe or unsubscribe or other information, contact belarus@ilhr.org

The Belarus project was established to support Belarusian citizens in making their case for the protection of civil society before the international community regarding Alexander Lukashenko's wholesale assault on human rights and the rule of law in Belarus.

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