January 12, 2001
Alexander
Lukashenko
Republic of Belarus
FAX: +375 172 26 06 10
Cc:
Victor Sheiman
Prosecutor-General
FAX: +375 172 23 53 81
Dear
Mr. Lukashenko,
The
International League for Human Rights, an international,
non-governmental human rights organization with special
consultative status at the United Nations, is writing
to express concern over continued harassment of Vera
Stremkovskaya, an independent attorney and human rights
advocate in Minsk.
Ms.
Stremkovskaya, a Belarusian lawyer who has defended
government officials fallen from favor as well as political
opposition members and victims of police abuse in Belarusian
courts, has come under attack once again in connection
with her defense of Vasily Starovoitov, the former chairman
of the Rassvet Collective Farm, who was sentenced
on May 29 to two years imprisonment on several counts
including embezzlement and
bribery. At the time of his sentencing, he had already
been in detention since his arrest on
November 11, 1997. Many observers in Belarus and abroad
believe that the charges
against Starovoitov were politically motivated and due
process was not observed.
In
early April, 1999, as part of the court proceedings,
Ms. Stremkovskaya asked the prosecution
about the whereabouts of forty bottles of cognac, which
were confiscated from Mr.
Starovoitov's home during a search conducted as part
of the investigation into his alleged
crimes. Mr. Smolentsev, the chief investigator, subsequently
filed a criminal slander suit for U.S. $20,000 against
Ms. Stremkovskaya for claiming that, with her question,
she implied that he took the cognac for his own consumption.
Stremkovskaya
did not attend the court hearing, which was scheduled
for December 14, 2000, because, according to her, the
court violated Article 111 of the Civil Code of Procedure,
which stipulates that, in case of a change of address,
the subpoena and charges must be corrected to reflect
that change. Although Stremkovskaya had recently changed
her address, the claimant failed to make the necessary
changes, and, consequently, the subpoena was mailed
to Stremkovshaya's previous address. Instead of following
Article 111 and delaying the hearing until the claimant
corrected the documents, the court took upon itself
an unlawful liberty of trying to apprehend Stremkovskaya.
Subsequently, in an action revealing the extent of government
pressure on the criminal justice system, a prosecutor
in an unrelated case, where Stremkovskaya was representing
the defendant, handed her a copy of the summons during
a court session. Stremkovskaya is expecting the next
hearing of her case to take place some time in late
January, 2001.
The
League believes that this lawsuit was brought against
Stremkovskaya in retaliation for her legal defense of
opposition figures and her public advocacy of human
rights. Stremkovskaya remains one of the few lawyers
in Belarus able and willing to risk defending those
involved in politically motivated cases. If she is disbarred
and prevented from further practicing law, this would
be a blow to Belarus' justice system, which already
suffers from excessive subordination to the executive
branch, and has already experienced the loss of several
attorneys disbarred for political reasons. The League
urges you to cease all harassment of Stremkovskaya,
including these wrongful charges of insult, and ensure
that she is able to practice her profession freely and
safely.
Sincerely,
Catherine Fitzpatrick
Executive Director
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