Observatory for the Protection of Human Rights Defenders Annual Report 2009 - Belarus

Political context

Although the September 2008 parliamentary elections, in which no seat was won by the opposition, were considered not to be transparent by international observers,¹ the European Union nevertheless noted several positive signs in Belarus, such as the release of the last political prisoners at the end of the summer and the reorientation of Belarusian foreign policy towards Europe.² As a result, at the end of September the EU decided to partially suspend the sanctions adopted in 2004 and to lift the ban on visits by senior Belarusian officials for a period of six months.³ The OSCE Chairman-in-Office and Finnish Foreign Minister, Mr. Alexandre Stubb, also spoke in favour of greater cooperation with Belarus.⁴ On the Belarus side, on November 14, 2008 the Head of the Presidential Administration, Mr. Uladzimir Makey, deploring the isolation of Minsk, promised "positive steps" in the media situation, words that were followed with acts at the end of November, with the return of the independent newspapers Narodnaya Volya and Nasha Niva in the official distribution circuits. On November 19, 2008, the country's authorities additionally informed their European counterparts that they were ready to take into account OSCE recommendations on the Election Code.

However, the positive developments of the end of the year 2008 should not mask the continued repression by the Belarusian authorities of opponents to the regime and civil society stakeholders. In 2008 for instance, the authorities sometimes used politically motivated dismissals or the exclusion of students from their universities to quash protests. Freedoms of assembly and association continued to be largely flouted. Since the State controls the judicial bodies, in 2008 several criminal proceedings were again opened against opponents and protesters, who remained at risk of prison terms, where detention conditions are extremely harsh. Furthermore, in 2008 journalists were subject to numerous threats and pressure, in an environment in which legislation relating to press freedom again became harsher this year, notably after a new law was signed in August 2008 by President Lukashenko, further restricting the freedom of the media, especially on-line publications, and making cooperation with foreign media more difficult.⁵ Last but not least, Belarus remained the last State in the region to maintain capital punishment.

In addition, it was still not possible for many of the defenders appearing on the authorities' "special list" to leave the country. Although some defenders appearing on the list were given permission to travel abroad, they were systematically searched when they crossed the border.

Obstacles preventing human rights organisations from obtaining legal status

In 2008, human rights organisations were again regularly denied registration for formal and fallacious reasons, or were subjected to requests for clarification or amendment as regards their registration application, or even for re-registration following arbitrary dissolution, thus making longer an already very slow procedure. Most human rights defenders consequently continued to risk proceedings under Article 193.1 of the Criminal Code for activities carried out in the framework of "an unregistered organisation". For instance, in August 2008, a letter from the Ministry of Justice informed the leaders of the Human Rights Centre "Viasna" of the five official reasons for the refusal to register their organisation, that was ordered nearly a year before on October 26, 2007, by a ruling of the Supreme Court.⁶ Although many NGOs did not succeed in obtaining legal status, those who did so also encountered great difficulty in carrying out their work. One of the concrete obstacles to NGO activities was the increase in rents for NGO premises, which caused the leaders of the Hrodna branch office of the NGO "BPF Adradzhenne" to give up renting their regional office.⁷ On May 29, the branch was officially closed down on the grounds that it no longer had a legal address or office.

Multiple obstacles to freedom of peaceful assembly

The year 2008 saw the continuation of practices intended to discourage human rights defenders from exercising their right to peaceful assembly. The Belarusian authorities resorted to acts of harassment before rallies, arrests and often refused to authorise demonstrations, thus making it possible to prosecute demonstrators for taking part in unauthorised demonstrations. A great number of protesters were arrested and detained in 2008, such as Messrs. Ales Bialiatski, FIDH Vice-President and President of the Human Rights Centre "Viasna", Uladzimir Labkovich, Aleh Matskevich, Siarzhuk Sys, Aleh Kalinkou, Uladzimir Khilmanovich, Viktar Sazonau, Alexander Karaliou, Alexander Padalian, as well as Ms. Maryna Statkevch and Ms. Iryna Toustsik, who were arrested whilst they were celebrating the 60th anniversary of the Universal Declaration of Human Rights on December 10, 2008 and distributed copies of the Declaration in Minsk, Hrodna and Mahiliou. In addition, on December 4, 2008, a few days before the celebration of the sixtieth anniversary, a police officer went to the home of Mr. Sergei Govcha, a leader of the branch of "Viasna" in the town of Baranovitch, to search for "forbidden texts".⁸

Discredit campaign in the official media and harassment of defenders by the authorities

Since the main media are State-controlled, human rights NGOs and the work of defenders were often brought into popular discredit. After Mr. Oleg Hulak, President of the Belarusian Helsinki Committee, and Mr. Ales Bialiatski had taken part in a press conference on human rights on June 12, 2008, during which they declared their intention of organising the monitoring of future parliamentary elections, the first television channel broadcast a report in its Sunday programme "Panorama" that attacked their honour and dignity. In 2008, the authorities also began tax inspections against several defenders and their families, including Mr. Ales Bialiatski, Mr. Oleg Hulak, Mr. Dmitri Markuchevski and Ms. Tatiana Protko, members of the Helsinki Committee, as well as Mr. Valentin Stefanovitch, a member of the Human Rights Centre "Viasna".⁹

In addition, the KGB directly intervened on several occasions to exert pressure on certain defenders, including students, and carried out inquiries and searches during which victims were often threatened. On May 23, 2008 for example, a search was made by three KGB officers at the home of Mr. Leanid Svetsik, a human rights defender from Vitsebsk, who was prosecuted under Article 130.1 of the Criminal Code for "inciting national and religious hostility" in the context of threats made by the extreme right-wing organisation Russian National Unity (RNE) against citizens who Mr. Svetsik had supported. His computer and works relating to human rights were confiscated and Mr. Svetsik was questioned on several occasions at the KGB office. His trial was under way as of the end of 2008.

Increase in the number of searches and preventive measures taken against journalists defending human rights

In Belarus, the radio stations remained the only way of broadcasting information on the promotion and protection of human rights. In 2008, in order to stop independent journalists from doing their work of information supply, the authorities organised numerous repeated searches at their homes and offices. For instance, on March 27 and 28, 2008, throughout Belarus, KGB agents searched the private apartments and offices of a number of independent journalists, and confiscated computers. The offices of Radio Racya, The European Radio for Belarus and Bel Sat TV Channel were among the targets.

Urgent Interventions issued by The Observatory in 2008¹⁰

1 "The preliminary report by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on the conduct of the parliamentary elections in Belarus on Sunday 28 September concludes that these elections fell short of the OSCE's democratic commitments, in spite of a measure of progress in relation to previous elections. [...] The Presidency has also noted the positive developments prior to the elections, particularly with regard to the release of the last political prisoners and the invitation to the OSCE to observe the parliamentary elections on 28 September". See Declaration by the EU Presidency on the parliamentary elections in Belarus, September 30, 2008.

2 In 2008, Belarus tried to develop closer economic ties with its European neighbours as a counterweight to the relationship with the Russian Federation.

3 However, the EU reserved the right to renew the sanctions before the end of the six months period.

4 See OSCE Chairman's Press Release, October 7, 2008.

5 This law which was deplored by Ms. Ferrero-Waldner, the European Commissioner for External Relations, in a statement on July 1, 2008, strengthens the media registration programme and makes it easier for the authorities to close down any of the media. It additionally establishes State control of Internet-based publications and requires Government accreditation for journalists working for foreign media. Finally, it prohibits financial and technical aid from foreign persons or organisations (unless these persons are co-founders).

6 The Ministry of Justice indicated that certain information relating to the founders of the association was false, without specifying which information. The Ministry used as a second argument the fact that 20 of the 69 founders had received administrative sentences. The third reason for denial of registration was the fact that, under Article 20.1 of the Law on Associations, associations may only defend their members' rights, which is in contravention of the statutes of an organisation that conforms with the Universal Declaration of Human Rights. In the fourth place, the authorities put forward the fact that the name of the Human Rights Centre "Viasna" had not been changed from that of the organisation that had been dissolved, violating Article 12.6 of the Law on Associations. Finally, the Belarusian authorities argued that the financial document relating to the payment of costs for the Human Rights Centre "Viasna" did not mention the reason for the payments and therefore could not be accepted.

7 See Human Rights Centre "Viasna".

8 Idem.

9 Idem.

10 See the Compilation of cases in the CD-Rom attached to this report.