On April 15 the Parliamentary Assembly of the Council of Europe approved the resolution which among other things calls upon Belarus to reverse Article of the Criminal Code which envisages accountability for activities on behalf of an unregistered organization. Cyprus MP Christos Pourgourides, who has prepared a report on abuse of the criminal justice system in Belarus for the PACE Committee on Legal Affairs and Human Rights on has answered questions of Radio Svaboda.
How do you estimate the condition of the Belarusian system of criminal legislation and law enforcement in general?
- Firstly, the regime abuses the system for political ends. It’s absolutely unacceptable. Besides, this system is damaged by the fact that the judicial power is not independent. The Prosecutor’s office is not independent as well. Without an independent judicial power, without independent legal officials there is no supremacy of law. And I can say definitely that unfortunately rule of law is not present in Belarus.
- Are there equivalents of the Belarusian law on criminal accountability for participation in activities of unregistered public associations in other countries?
- It is possible that there are some countries with similar legislative regulations, but the executive power and government do not use them. Only in Belarus the government punishes for such actions. It is natural that these regulations must be removed from the laws and regulations of the country. There were countries with resembling laws [in the Council of Europe], and they were asked to remove there regulations from the legislation. I do not know whether all the countries have done that, but even when such regulations exist, they are not applied by anybody.
- The Belarusian regime has many times stats that there are no political prisoners in the country, and that all persons recognized as political prisoners by the West, including Alyaksandr Kazulin, had been convicted for criminal offences. How could you comment on that?
- Kazulin and others are political prisoners, as they have been imprisoned with political purposes. They haven’t committed criminal offences, and I think statements of the regime about not having political prisoners in Belarus absolutely groundless.
- How do you estimate the today’s state of affairs with the cases of well-known personalities abducted in Belarus (Viktar Hanchar, Anatol Krasouski, Yury Zakharanka, Zmitser Zavadsky? Is there any progress in investigation of these cases? Have new arguments about the regime’s implication in these high-ranking officials and a journalist’ abductions appeared?
- There was no further investigation. The evidence we collected in 2004 is convincing. There are specific proofs of the regime’s implication in the abductions. There was an attempt of the Belarusian regime to call my conclusions into question by international parliamentary organizations, but that attempt failed completely. I believe that nobody can disprove these facts. There is more than enough evidence that the regime is involved in abductions. Now we need a full-fledged investigation, so that those who are involved in these hideous crimes incurred responsibility. It will happen sooner or later. I do not doubt that the regime in Belarus would collapse sooner or later.
- Does it mean that Europe has not so many carrots and sticks to influence the actions of the Belarusian authorities? To your mind, what new moves could be made by Europe to improve the situation with human rights in Belarus?
- Certainly, Europe cannot use force to bring changes in Belarus. However, I am in no doubt that the forces that support democracy are to win one day. And I am in no doubt that in the near future Belarus would take its place in the family of European democratic communities.
- Is it possible that European countries would impose some economic sanctions against the Belarusian regime on the example of the US which imposed sanctions against Belneftekhim concern?
- It’s a question under discussion now. Yes.
- Russian MP’s response to your report on abuse of the criminal justice system in Belarus was highly critical…
- I addressed Russian deputies with an appeal to show factual mistakes in my report, to show just a word which is not true to facts, and they haven’t done that. It’s a shame Russian deputies have taken such a position. Once they are sure to regret the support they have been granting to Lukashenka’s regime. They support a monster, and once they are to face this monster.
- But many would say Russia itself is taking the path of Belarus…
- I know about such criticism. I am speaking about Belarus, and I won’t speak about Russia.
- In your closing remarks answering accusations of Russian MPs, who said the European structures are isolating Belarus, you compared the Belarusian regime to a young man who had murdered his parents and then asked a judge to consider the fact of his being an orphan as a mitigating circumstance. Isn’t it a too harsh comparison (with a murderer)?
- I am not comparing, I am just saying the truth. Truth always hurts. I do not compare them to criminals. I am saying that they are involved in abductions, and they are concealing these abductions. It’s a fact.
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