Interference in the Work of Human Rights Organizations and Initiatives in Belarus(Dec.2010-Jan.2011)
12.01.2011 | Publications
Analytical Review"INTERFERENCE IN THE WORK OF HUMAN RIGHTS ORGANIZATIONS AND INITIATIVES IN BELARUS DECEMBER 2010 - JANUARY 2011”
International Observer Mission of the Committee of International Control Over the Human Rights Situation in Belarus
This document is a systematic compilation of facts of interference in the activitiy of human rights organizations and initiatives in Belarus aligned with the European Union Guidelines on Human Rights Defenders - "Ensuring the protection” [1] and taking into account the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (UN Declaration on Human Rights Defenders").
Introduction
In this paper we reflect exactly the
facts of pressure on human rights defenders and human rights
organizations that were among the most vulnerable groups of social
activists in the circumstances surrounding the presidential election in
Belarus. As before the election and during the events of December 19
human rights organizations in Belarus have played a significant role in
monitoring the electoral process and monitoring violations (it was a
special coalition of Human Rights Defenders for Free Elections), and
immediately after the elections, they also had to monitor human rights
abuses during rallies and demonstrations, arrests, searches,
interrogations and trials.
Termination or weakening of the work of human rights defenders and organizations will create conditions for further government pressure on activists, opposition politicians, other civil organizations and groups. And this work of defenders with monitoring the situation, evidence collection, victim assistance and coverage of events from the perspective of human rights violations creates the framework that allows to characterize the actions of the Belarusian authorities as violating international human rights standards and obligations undertaken by Belarus. Pressure on human rights defenders in Belarus does not allow them to perform their job - to monitor violations and assist victims, which creates the possibility for further deterioration.
Belarus like any other state having
regard to the UN and the OSCE, has obligations to respect the
universally recognized norms and standards of human rights, particularly
concerning human rights defenders as a special group of social
activists whose activities are aimed at protecting the rights of others.
Being members of the Organization for Security and Cooperation in
Europe, Belarus has undertaken certain obligations in the human
dimension of the OSCE, including those relating to the promotion of
human rights defenders to protect and promote human rights. As a member
of the UN Belarus is obliged to take into account the provisions of the
UN Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms of 10 December 1998 ("UN
Declaration of Human Rights Defenders").
Based on these considerations, we first
draw the attention of the international community to the situation of
human rights defenders and human rights organizations in Belarus.
The situation before the election on Dec. 19, 2010
In the period immediately preceding the 2010 elections public authority
intervention in the activities of a wide range of human rights
organizations was of an episodic nature and was intended to control the
situation. Most attention of the authorities was directed at the
activities of organizations involved in election observation.
So, on November 30 at the border crossing "Kamenny Log" on the way from Lithuania, human rights activist Leonid Sudalenka was detained [2].
who had 10 copies of instructions for observers. Passengers of the bus
on which Sudalenka was traveling, had to wait for more than two hours
until the Oshmyany customs officials drew an act of withdrawal of the
publications. After the act of withdrawal instruction was given to
Sudalenka, customs officials said that after checking the material for
the presence of illegal information instructions would be returned.
There is still no information about their return.
It was not the first case of withdrawal
of materials for observers from the representatives of the campaign
"Human Rights Defenders for Free Elections” on the Belarusian-Lithuanian
border. A week earlier, a similar situation happened with Vladimir Labkovich and Dmitry Solovyov [3].
The situation after the elections and the demonstration on Dec. 19, 2010
From the moment of the violent oppression
of the peaceful demonstration on Dec. 19, there have been documented
cases of obstruction of human rights activity, the detention of human
rights defenders, administrative prosecution, searches, summons for
interrogation, etc.
19.01.2010
Oleg Gulak, lawyer, leader of the Belarusian Helsinki Committee [4],
independent human rights organization which is affiliated with the
Council of Europe and an active member of the International Helsinki
Movement. Oleg Gulak is one of the leaders of the campaign "Human Rights
Defenders for Free Elections” and a member of the Public Advisory
Council under the President's Administration.
On December 19, 2010 during the peaceful
demonstration in downtown Minsk O. Gulak was detained by riot police.
That evening, O. Gulak had to monitor the observance of the right to
free assembly in this demonstration, to which the Belarusian Helsinki
Committee had the authority under the Charter of the organization. Oleg
Gulak introduced himself: he called his name, the organization which he
represents, and showed the badge, - but he was arrested.
The detention occurred at 12.30, almost
in the heart of the city (at the intersection of Independence Avenue and
Volodarskogo street). After his detention, Mr. Gulak was taken to the
Police department in a police van. The police officers also refused to
release him, despite his status.
On December 20, 2010, at 12.00 Mr. Gulak
was brought to court. 5 hours passed from the moment Mr. Gulak was put
into the police van until the time when he was summoned to the hearings.
All this time the defender was in an unheated police van. After
hearings his case was sent back for revision. At 19.00 on Dec. 20, 2010
Mr. Gulak was released.
20.12.2010
Human Rights Centre "Viasna" (Minsk) The main purpose of the Human Rights Centre "Viasna" is to
promote civil society based on respect for human rights, as declared in
the Universal Declaration of Human Rights and the Constitution of the
Republic of Belarus. In particular the organization was engaged
independently in election observation.
On December 20, 2010 at 3.15AM
unidentified men in civilian clothes entered the office of the
organization and detained the employees of the HRC. 10 employees of the
organization - Valentin Stefanovich, Vladimir Labkovich, Nasta Loika, Andrew Paluda, Dmitry Solovyov, Sergey Sys, Vladimir Nikolaev, Oleg Zhlutko, Konstantin Starodubets, Vitaly Cherniavsky,
were delivered to the First District Police Department of Minsk. The
detainees were examined about their whereabouts on the evening of
December 19, 2010. No transcript of examination was made.
The incident was reported to the OSCE
mission and its head. After the OSCE Office in Minsk intervened, the
detainees were released at about 6.00. At the same time officers in
civilian clothes were searching the office of the organization, in
presence of two members of the organization - Ales Belyatsky and Valentine Svyatskaya. During the search all computers were seized, which, according to officers, were necessary “to test” [5]. After the search and the techniques seizure work of the HRC "Viasna" was paralyzed.
Around 7.00 am on Dec. 20, 2010 there was a second attempt to capture [6] the organization. Five unidentified men tried to enter the office of
the organization, but employees of the organization did not open the
door, due to the fact that the unknown didn’t have a search warrant.
Human rights activist and lawyer of the organization Ales Belyatsky came
to the office, trying to find out the purpose of their actions. They
said they were looking for Vladimir Labkovich, employee of the HRC "Viasna". After Mr. Belyatsky said that Mr. Labkovich was not in the office, the men left.
In total, 15 computers and 5 laptops were taken away from the organization, obstructing its activitiy.
Natalia Radina, the editor of a human rights information site, "Charter 97" (Minsk)
On 20 December, at 4.40 am the office
door of the information site "Charter97.org" was broken down. The
journalists managed to report the attack, after which the connection was
broken. There worked the site editor assistant Natalia Radina and
volunteers who were later taken to the KGB [7].
Natalia Radina, injured during the dispersal of Dec. 19 demonstration
at Independence Square, g, Minsk, was given no medical care, despite
bleeding.
21.01.2010
Oleg Volchek, head of “Legal Assistance” to the population, human rights activist (Minsk), lawyer
On December 21 was present during the
search in the house of human rights activist who heads the organization
"Legal assistance to the people." The search was conducted within the
criminal investigation of the riots, started by Minsk police after the
events of December 19, 2010. Of the four present members of the KGB,
only one name was written into the transcript, but the O. Volchek
insisted on recording all present “policemen”. According to the results
of the search, a laptop and a personal video archive was seized [8].
24.12.2010
Michail Matskevich (Minsk), human
rights activist, member of the Center for Legal Transformation, an
ecologist, a member of the International Youth Human Rights Movement
(IYHRM).
On December 24, 2010 at 19.30, he was
detained at a peaceful rally of solidarity at the walls of the detention
center (Minsk) where citizens were kept, which were arrested during the
demonstration on Dec. 19, 2010. There an urgent demonstration took
place to support the detainees, but no permission from the authorities
had been obtained (since the law states to submit requests 2 weeks
before the event, which in this case was impossible).
The trial of Mr. Matskevich was held behind closed doors and without
legal representation. The judge did not take into account the specific
family circumstances of Mr. Matskevich (the last months of his wife’s
pregnancy). Michail Matskevich was sentenced to 10 days of
administrative arrest [9].
Olga Domorad (Minsk), human rights activist, lawyer, member of International Youth Human Rights Movement (IYHRM).
December 24, 2010 at 19.30, she was
detained at a peaceful rally of solidarity at the walls of the detention
center (Minsk), where citizens were kept, which were arrested during
the demonstration on Dec. 19, 2010.
The trial of Olga Domorad was held behind
closed doors, parents and relatives were not allowed to the trial. Olga
Domorad’s lawyer was not allowed in the courtroom by deception: he
claimed to be allowed to participate in the hearings in the court, but
he was told that no one knew where and when the trial would take place.
Eventually, during the trial Olga was attended only by the lawer
assigned by the state.
The record of the hearings were made with
numerous violations: many facts said by Olga Domorad were not included,
and the information that was recorded was distorted. Subsequently,
these errors were written in the court ruling. Olga Domorad was
sentenced to 10 days of administrative arrest [10].
28.12.2010
Vladimir Khilmanovich, civil rights activist and journalist (Grodno)
On December 28 civilian journalist and
human rights activist Vladimr Khilmanovich was examined by the KGB for
his involvement in the events that took place on Dec.19th. 2010 [11].
On Jan. 5, he was summoned for examining by the KGB again.
29.12.2010
Elena Tonkacheva, head of the Centre of Legal Transformation [12], lawyer, human rights activist (Minsk).
December 29, Ms. Tonkacheva was
interrogated by KGB agents and signed subscription not to disclose the
investigation materials.
Approximately at 19.30 the search of Ms. Tonkacheva began, which was authorized by a warrant [13].
The search was conducted within the criminal investigation of the riots
in the city of Minsk on December 19, 2010 The search continued until
21.50.
KGB officers seized documents related to
her human rights work, in full conformity with the statutory objectives
of the organization, as well as SIM cards for mobile phone with a German
number.
Department of Human Rights Centre "Viasna" in Molodechno
On December 29 the regional office of HRC
Viasna in Molodechno was searched. During the search, information media
(computers, flash drives, disks) were seized to investigate the
criminal case of the riot.
3.01.2011
Raisa Mikhailovskaya, human rights defender, Human Rights Centre (Minsk)
On January 3rd human rights activist
Raisa Mihailovskaya was summoned for interrogation by the KGB as a
witness in the criminal case on the riots, instigated by Minsk police
after the events of December 19, 2010 [14].
04.01.2011
Nasta Loika, human rights
activist, lawyer of the Human Rights Centre "Vesna" (Minsk), member of
International Youth Human Rights Movement (IYHRM).
On 4 January 2011 at about 12 hours unknown people came to her private house, where Nasta Loika lives with her mother [15]. At that time, Ms. Loyko was not present [16].
Nastia's mother refused to open the door to unknown people, who
introduced themselves as KGB agents. After that the unknown people left.
At 12.30 the KGB came back and called Ms.
Loiko demanding to come home, threatening otherwise to break the door.
After the search of Nastia Loiko’s house archival leaflets of 2006 were
confiscated, issued by the organization "Young Front", registered in the
Czech Republic.
At 16.00 on Dec. 4, 2011 Nasta Loika was taken to the KGB [17] for questioning as a witness in a criminal case on the riots on Dec. 19, 2011 [18]. Nastya Loiko subscription was taken not to disclose.
05.01.2011
Belarusian Helsinki Committee - an
independent human rights organization, non-political, non-profit
voluntary association, partner of the Council of Europe, an active
participant in the international Helsinki movement [19].
On 5 December 2011 at 11.00 a search
began in the office of the Belarusian Helsinki Committee, conducted by
four KGB men. They provided a search warrant [20] issued by the Prosecutor of Minsk Nikolai Kulikov, in which it was
written that the investigation had information that the office of BHC
might have materials related to the riots in Minsk on December 19. As a
result of the search, the server of the organization [21] and computers [22] were withdrawn.
Independent human rights observers were present during the search.
Oleg Gulak (Minsk), the head of the Belarusian Helsinki Committee
On Jan. 5, after the search of the Belarusian Helsinki Committee [23] came the search of Mr. Gulak’s personal apartment [24]. He says nothing has been taken.
06.01.2011
Leonid Sudalenka, human rights activist, the organization "Law Initiative" (Gomel)
On January 6th human rights activist
Leonid Sudalenka was searched. First, a search was conducted in the
office of the organization in the city of Gomel, then the KGB searched
his home.
Conclusions
It must be emphasized that the nature of
intervention in the work of human rights activists differs significantly
in the periods immediately before and after the last elections December
19th. In the pre-election period the authorities' attention was focused
mainly on the activities of organizations involved in independent
monitoring of elections. In the period after the election the nature of
intervention has changed, there has been a threat to personal security;
also, obstructions of work of human rights organizations have been
created. Searches and seizures have affected a significant part of the
human rights community in the country, including those who were not
directly related to the election process.
The facts of interference in human rights
organizations work have been identified not only in Minsk, but in other
regions. In practice we can talk about interference in the work of most
human rights organizations and initiatives operating in the Republic of
Belarus. In this review, there are cases of pressure on the
representatives of eight organizations. In general, there are 11
well-known and stable operating human rights organizations and several
regional initiatives of this kind in the country.
Searches and seizures of computer
equipment, digital media, as well as the documents were not only in the
offices of organizations, but also at homes of the most famous and
influential HR defenders. Total number of seized devices amounts to 30
computers, as well as plenty of digital information carriers.
In general interference with human rights
organizations and initiatives in the post-election period was based on
law. We can distinguish two main official reasons for actions of the
authorities:
- Claims related to the participation in peaceful protest that took place without the permission of authorities in various capacities (observation, participation)
- The investigation of criminal cases under Art. "Riots" (or without naming cases started as the results of the events of 19 December 2010).
Despite the formal nature of reasonable
law enforcement actions, in most cases, attention to human rights
defenders was excessive and was associated with their public activity,
certainly known to the authorities, and not with any specific reason to
suspect them of committing crimes or offenses.
A positive trend can be identified that
outside human rights observers (local independent lawyers,
representatives of the International Observation Mission) were allowed
to particular investigations and representatives of the OSCE were
informed.
In some cases, when representatives of
the authorities ignored the procedural obligations, the Belarusian human
rights defenders became in fact the victims of arbitrary arrests and
detentions, as well as unreasonable searches.
Obstructing the work of human rights
organizations had a negative impact on the ability to provide legal
assistance to victims of a disproportionate use of force by authorities
on December 19 and during the subsequent investigation. In addition, as a
result of techniques seizure and engaging of human rights defenders
into solving their own problems, ordinary citizens of the target
audiences of the organizations were unable to get free qualified legal
assistance.
Recommendations
To human rights community in other countries:
- To express support for human rights organizations in Belarus, sending letters of support to organizations and individual human rights defenders as well as addressing the government, explaining the role and importance of human rights organizations for state and insisting to refrain from pressure and persecution against them.
To authorities of the Republic of Belarus:
- Take steps to stop the interference in the legitimate work of human rights organizations and initiatives in the Republic of Belarus;
- Guarantee the freedom of civil society organizations, including decriminalization of participation in the activities of unregistered organizations, facilitating the procedures of registration of NGOs, etc.
- Adopt national action plans on human rights, providing them the strategy and measures to protect human rights defenders and supporting their activities.
To law enforcement authorities of the Republic of Belarus:
- To refrain from obstructing the work of human rights organizations and initiatives in conducting investigations on the events of 19 December 2010;
- To refrain from carrying out investigations at night; if such practices are unavoidable, to prepare staff to ensure that even at night they have to observe procedural process, in particular, the requirement to introduce themselves, to obtain all the necessary sanctions, to justify their actions, to allow lawyers to participate in the process, etc.
- To conduct an open and transparent investigations into all cases of abuse of authority or negligent performance of official duties by members of the government. Bring all offenders to disciplinary and criminal liability.
- Take steps to return all equipment seized from human rights organizations and initiatives immediately upon completion of the investigation.
To UN Special Rapporteur on the situation of human rights defenders:
- To address to public authorities of the Republic of Belarus official messages on specific cases of persecution of human rights defenders in the country;
- to request official permission to visit Belarus to study the situation in the country after the elections on Dec. 19, 2010.
To OSCE contact point for human rights defenders and national human rights institutions:
- To initiate public statements and appeals to the authorities of Belarus from the OSCE structures and institutions in connection with the systemic persecution of human rights defenders in the country;
- To constantly monitor the situation of human rights defenders, to respond to incidents of persecution by urgent statements, and to organize the presence of OSCE representatives at the trials against human rights defenders;
- To appeal to the OSCE participating States with a proposal to give special attention to the protection of human rights in Belarus at meetings of the OSCE Permanent Council;
To EU missions in Belarus:
- To intensify efforts to observe the European Union Guidelines on Human Rights Defenders;
- To strengthen contacts with public defenders, arranging public meetings and visits to the offices of human rights organizations, senior EU officials, as well as other political figures in the EU and the EU mission;
- To make adjustments to the national plan to protect human rights defenders, taking into account changed context and including in the process national and international human rights organizations working in Belarus;
- To send representatives to attend and observe the trials of human rights defenders;
- To make public statements in cases of imminent and serious danger to human rights defenders.
- http://www.consilium.europa.eu/uedocs/cmsUpload/HR_10056.04REV1RU.pdf
- http://charter97.org/ru/news/2010/12/1/34254/
- http://ru.democraticbelarus.eu/node/1354
- http://www.belhelcom.org/?q=en
- http://spring96.org/en/news/39901
- http://euroradio.by/en/1434/news/58397/?ILStart=10
- Ночью были задержаны журналисты сайта "Хартия'97" и правозащитники. - 07:33 20.12.2010
- Интервью представителю миссии.
- http://euroradio.by/en/1439/reports/58889/?tpl=208
- http://euroradio.by/en/1438/news/58858/
- http://spring96.org/be/news/40401
- http://lawtrend.org/en/?
- http://euroradio.by/en/1444/news/59153/
- http://bsdp.org/?q=be/node/9298 http://belaruspartizan.org/ 17:08 03.01.2011
- http://spring96.org/en/news/40394
- http://euroradio.by/en/1449/news/59332/
- http://euroradio.by/en/1449/news/59349/
- http://spring96.org/en/news/40428
- http://belhelcom.org/?q=en/about
- http://euroradio.by/en/1450/news/59400/
- http://spring96.org/en/news/40426
- http://spring96.org/en/news/40426
- http://euroradio.by/en/1450/news/59412/
- http://euroradio.by/en/1450/news/59412/
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17.08
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