Irina Kirkora: I believe Elena Tonkacheva is an innocent victim

Human rights community is wondering: how the process of Elena Tonkacheva’s expulsion is related to her civic stance?

On January 8 in the court of Pershamaiski district started considering the case of the head of the Legal Transformation Center “Lawtrend” Elena Tonkacheva. Let us recall that the human rights fighter received the notice of cancellation of the residence permit and consideration of her expulsion from Belarus on October 30. The reason for this decision of the authorities lied in administrative offences in the form of minor speedings while driving registered by cameras.

Despite the absurdity of the situation, on November 5 the Department of Internal Affairs of Pershamaiski district in Minsk decided to deprive Elena Tonkacheva of the right of entry for three years and ordered her to leave Belarus within a month.

On December 24 Elena Tonkacheva filed an appeal to the court. Because of that her deportation was postponed until January 24, i.e. before the court announces the verdict.

On January 8 the court didn’t make any decision; the consideration of the case continued on January 9 at 11 a.m. in the building of Pershamaiski district court in Minsk.

EuroBelarus Information Service asked Irina Kirkora, a member of the Presidential Council for Civil Society and Human Rights, who arrived specifically to the case consideration in Minsk, to share her impressions of the court sitting.

 - How can you evaluate the situation Elena Tonkacheva is in?

- I can only access the situation from the perspective of the agreements signed between Belarus and Russian Federation in the part re equal rights of citizens of the both countries. The legislation of the Russian Federation stipulates for the possible deportation of Belarusan citizens, but only for some particular administrative offences related to infringement of public order and public security, whereas according to the Belarusan legislation a citizen of Russian Federation can be deported for any administrative offence, even such as traveling ticketless.

- How can you characterize the general situation with human rights in Belarus and Russia?

- I have suspicions that there are difficulties in the both countries, and civil society should actively impel the state to abolish them. For now there is nothing to boast about. Now I am, of course, concerned about the rights of the Russian citizens in Belarus.

- In your opinion, is it due to speak about the political reasons of this process?

- I can give no comments to that. Elena and her colleagues must be more specific about it. As a member of the Presidential Council for Civil Society and Human Rights, my role in this situation is close attention to observation of Russia citizen’s rights at the territory of the Union State. I think that the situation when a Russian citizen may be deported from Belarus for any administrative offence, whereas Belarusan citizen may be deported from Russian Federation only for a specific unlawful action is inappropriate.

- Can we say that the work of the Presidential Council for Civil Society and Human Rights is efficient, as seen from the situation with Elena Tonkacheva’s deportation? When this case was being considered in the Department of Internal Affairs Sergei Krivenko, a member of the Presidential Council for Civil Society and Human Rights came to Minsk. Now you have come as well…

- Of course, I would very much like that our work is more efficient. But we won’t give up in any situation, asserting Elena’s rights alongside with the rights of all Russian citizens that might be subject to similar actions.

- There persecution of human rights defendants has many precedents…

- When human rights defendants are persecuted, a question always appears whether it is related to their professional activity. And I think that every human rights defendant asked him- or herself this question.

- So what are your impressions from the court?

- What I’ve heard in court the first day and the result the situation was brought to doesn’t correspond to reality, to Elena’s personality and public danger for Belarus and Belarusan citizens at all. I think that in this situation Elena is an innocent victim. But this is my opinion, which I have after what I’ve heard in court.