Elena Tonkacheva’s residence permit is revoked; decision to deport her from Belarus is being taken

The head of the Legal Transformation Center “Lawtrend” Elena Tonkacheva is going to appeal this decision and focus of resolving the issue of her possible expulsion.

Elena Tonkacheva, the head of the Legal Transformation Center “Lawtrend”, received the notice of cancellation of the residence permit and consideration of her expulsion from Belarus in the afternoon on October 30.

In September “EuroBelarus” reported that in respect of human rights defender Elena Tonkacheva that has been living in Belarus since 1985, but has Russian citizenship, might be initiated process of deprivation of residency permit.

The human rights defender is not going to judge or interpret the actions of the authorities until the process of communication with them on this situation is fully completed and final decisions are made.

In the exclusive interview with “EuroBelarus” Information Service Elena Tonkacheva provides “full information regarding this issue to date – and in the near future there will be nothing to add”. The reason for the decision to revoke the residence permit lied in administrative offences in the form of minor speedings while driving registered by cameras.

- In the morning on October 31, 2014 I got a call from the Department of Internal Affairs in the administration of the Pershamaiski district in Minsk and was invited to get a decision about revocation of residence permit in Belarus. I also was notified about the further procedure I have to go through. Within the month since receiving the notification I ought to leave Belarus, and within the next five days since notification I have to register for temporary stay at the territory of Belarus. I.e. my residence permit is void; I should return it and register for temporary stay in Belarus for a month, - Elena Tonkacheva tells. – I have a possibility to appeal the decision in court.

- Within several days I’m planning to conclude an agreement with a lawyer experienced in the cases related to migration problems and with additional judicial support start the procedure of appealing the taken decision.

Elena Tonkacheva marks that “earlier I submitted quite detailed explanations of how my life is related with Belarus to Department of Migration and Citizenship”.

- I thoroughly informed migration services about the fact that I have been living in Minsk since the age of 15, that I finished school and got my first passport here, finished secondary technical school and graduated from university here; that my seniority and job-related experience started and has been realized in Belarus. About the fact that my daughter is a citizen of Belarus by birth, that I live in an apartment that is a property of my family, that I have permanent job here. But, nevertheless, all these arguments are probably not enough; and the decision was made.

According to the head of “Lawtrend”, although upon paying the fines “for the traffic police the situation was exhausted, for the migration services several minor speedings during the year gave enough grounds to make the decision in my respect”.

- In the course of the appeal I intend to further provide information that my car hasn’t always been used by me. Cameras registered all the administrative offences, i.e. minor speedings, and as is known, in this case explanations are admitted if not all the offences resulted from driving of the car owner.

However, as Elena Tonkacheva emphasizes, there is also “second part, which concerns me most of all”.

- That is why in the near future I want to grant all my attention not to the commentaries for the press but to preparation to the next phase of interaction with the migration services. On October 30 I was served with one more document – “Notice of consideration of expulsion from the Republic of Belarus”. “In the interests of public order” one more procedure has been started, i.e. the compulsory expulsion from the country. As I was explained in the administration, the consideration of the issue regarding compulsory expulsion is assigned for 12 a.m. on November 5. I was proposed to personally be present at the consideration of my expulsion with the opportunity to give explanations, provide additional data and documents that show the circumstances significant to resolve this issue. Of course, on November 5 I am intended to attend the session of this committee, and surely, I will use every argument listed above so that the decision is taken in my favor.

According to Elena Tonkacheva, “of course, deprivation of residence is very unpleasant and painful, but at least it preserves me the right to stay in the territory of Belarus for 90 days during a calendar year”.

- In case of compulsory expulsion by migration services a term during which I won’t be able to enter Belarus at all will be established. Taking into account that I have a daughter, property in Belarus, whereas in Russia I have neither registration nor property and any idea where to go, the prospects are quite unpleasant. Let me note that I intend to address to the Russian consulate and request the representatives of the diplomatic mission to be present during the consideration of my expulsion.

Answering the question about the reasons for such radical initiative of the authorities, Elena Tonkacheva emphasized that “since the moment when it became clear that the procedure of the revocation of residence permit started against me” she “absolutely willfully refrained from value judgments and wasn’t trying to publicly interpret causal relations of the actions taken by the state”.

- First of all, I believe that such comments against myself are originally subjective; secondly, I believe that it is my colleagues-human rights defenders, members of the public, people I work with have the right for value judgments. Besides, as a lawyer I think that I ought to go through the whole procedure using all available mechanisms of official interaction with the authorities to the full, which means that I will be preparing documents and defence line. At the moment my emotional state makes it hard for me to have excessive communication regarding this situation with the third persons.

Elena Tonkacheva is “grateful for sympathy, support, and offers of help that I received during this period”.

- I am grateful to all the people in and outside Belarus who are concerned with my situation. But I understand that I bear main responsibility for communication with the authorities. That is why I ask to understand and accept my position on limiting communication, taking into account the psychological tension I am in. Being involved in human rights advocacy, I know how much solidarity means in hard times and thank all those who demonstrate their sincere interest. My task is to inform the society, which I am already doing by giving this interview. I am ready for the next step only after the decision by the authorities is made.