March 24, 2000
Alexander
Lukashenko
Republic of Belarus
FAX: 375 172 26 06 10
Dear
Mr. Lukashenko,
The
International League for Human Rights, an international,
non-governmental human rights organization with consultative
status at the United Nations, is writing to express
concern over continued harassment of Vera Stremkovskaya,
an independent lawyer and human rights advocate in Minsk.
At
the end of January, Mr. Gambolevsky, the deputy chairman
of the Minsk Collegium of Lawyers, together with Mr.
Kartovitsky, the head of the Pervomaisky district legal
consultation bureau, conducted a check on the activities
of Ms. Stremkovskaya. Without notifying Stremkovsky
nor seeking the approval of her clients, Kartovitsky
and Gambolevsky visited various courts and demanded
information about the cases in which Stremkovskaya has
taken part as a lawyer. They also interrogated some
of her clients right in their offices regarding the
format of payment for her legal services. The clients
were obviously dismayed and some have sought legal services
elsewhere. As a result of this unlawful search and interrogation,
which violates legal ethic codes, Gambolevsky managed
to find an order to initiate a civil case, signed by
Stremkovskaya before she had received money from the
client. Despite her explanation that the case has been
going on for a long time and that the client regularly
pays money into the Collegium's account, Gambolevsky
filed a complaint and requested that she face disciplinary
action.
On
February 19, at the annual conference of advocates,
Mr. Mitrofanov, the chairman of the Minsk Collegium
of Advocates, tried to discredit Stremkovskaya, by claiming
that she has violated the Collegium's charter and code
of conduct. This claim was supported by Mr. Andreichik,
the chairman of the Republican Collegium of Advocates,
who further suggested that disciplinary action should
be taken against Stremkovskaya.
In
yet another recent instance involving a case which has
been lingering for nearly a year, Stremkovskaya may
still face criminal charges for insulting Mr. Smolentsev,
the prosecutor in the case against Vasily Starovoitov,
whom Stremkovskaya defended last year. The charges were
filed in April 1999 after Ms. Stremkovskaya asked in
court about the whereabouts of forty bottles of cognac
which were confiscated from Starovoitov's home as evidence
and then went missing. Smolentsev has argued that by
asking this question Stremkovskaya implied that he had
taken the cognac for his own consumption. The case was
supposed to have been closed, although Stremkovskaya
found out that, in early March, Smolenstev submitted
a petition requesting that the case be re-opened.
The
League believes that these actions taken against Stremkovskaya
are 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. The League urges you to cease
all harassment of Stremkovskaya and ensure that she
is able to freely practice her profession without retaliation
against her and her clients.
Sincerely,
Catherine
Fitzpatrick
Executive Director
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