Observatory for the Protection of Human Rights Defenders Annual Report 2003 - Belarus

Ever since the re-election of President Alexandre Lukachenko in September 2001, associations for the defence of human rights have been increasingly submitted to State control. The judicial observation mission mandated by the Observatory in October was able to observe that in 2003, yet another step had been taken towards the neutralisation of civil society, with the strengthening of a restrictive law applied to freedom of association, and the liquidation in great numbers of NGOs working for the defence of human rights.

Restrictions on the rules governing associations

Registration system

In 1999, the adoption of a presidential decree "on certain measures on regulation of the activity of political parties and associations" (n° 2) deeply changed the registration system applicable to associations, until then a mere formality. All human rights organisations and associations, including those already registered legally, were obliged to use this new registration system, with its particularly restrictive measures, or risk being disbanded or banned from activity. The Republican Commission responsible for registration includes the Prime Minister, directors of the presidential administration and of the Security Council. It may examine the content, the association's tasks and working methods, and reject registration when it "does not comply with legislation". Presidential decree n° 11 of September 2003 extended the registration system to "associative unions".

For instance, on 24th December 2003, the Supreme Court of Belarus confirmed a Ministry of Justice decision to refuse registration to the Assembly of democratic NGOs, Belarus' largest associative network. Registration was applied for in 2002, then rejected in October 2003 by the Ministry of Justice on the recommendation of the Republican registration commission, on the grounds that the Assembly failed to submit its legal address to the Commission. In a hearing of 24th December, Ministry of Justice official Mrs. Natalia Kebikava stressed that several founding organisations of the Assembly had been disbanded since the registration application.

The legal address requirement is one of the system's insidious points. A large share of property is handled by the State. At the same time, private owners are pressurised by authorities not to accept this type of tenants. In reality, the authorities control access to housing, a pre-requisite to registration and re-registration of organisations. This is one of the main reasons given by the ministry of Justice in association dissolution procedures.

Monitoring of symbols used by associations is another way authorities use to restrict the creation of associations or to break up existing

ones. The last decree on this matter, dating from 7th August 2002²² makes it compulsory for the Heraldic Council of State to validate associative logos, and for them to be registered in the State heraldic register. Failing to do so, the association will be disbanded. National symbols, particularly, were prohibited following the referendum of 1995, reestablishing the symbols of soviet Belarus.

The role of associations regarding legal representation

In light of the repression suffered by a number of opponents and the general violation of human rights in Belarus, several associations have been created to provide legal aid to the country's citizens. In April 2003, the adoption of a new presidential decree (decree n° 13)²³ restricted the right to legal assistance for associations. The decree provides that, "representatives of non-governmental organisations may only represent physical persons in civil suits in general courts if the law authorises them to represent and defend the rights and interests of members of these associations and other persons before the courts". This decree violates article 62 of the Belarus Constitution that guarantees citizens the right to legal assistance to defend their rights before a court. It also goes against article 73 of the Civil Procedure Code that restricts this right to minors, disabled or partially disabled persons, judges, investigating magistrates and public prosecutors. Commenting on this decree, the president's press service reasoned that "the representation of citizens' interests in court requires professional training".

In his speech to Parliament on 16th April 2003, President Lukachenko said that the representation of citizens' interests by NGO was detrimental to the profession of lawyers. Decree n° 12 of 3rd May, 1997 regarding the work of lawyers and solicitors obliges lawyers to "be members of a centralised State college overseen by the ministry of Justice, with the competence to authorise or refuse the right to exercise by issuing temporary licences". However, article 72 of the Civil Procedure Code enables each party to be represented and/or aided by a "civil representative" in court; a large number of jurists therefore assist persons tried in court for civil and administrative matters, whereas criminal matters are left to lawyers.

To illustrate, on 5th September 2003, the NGO "Legal aid to the population" was disbanded by the town court (ruling confirmed by the Supreme Court on 13th October 2003) based on the Associations law and presidential decree n° 13. The association was accused of providing legal aid without a compulsory licence. The Ministry of Justice took the licence away in the spring of 2000. The NGO provided legal assistance to families of missing political opponents. Its director, Mr. Oleg Voltchek, represents the family of Iouri Zakharenko, former minister of Interior, who disappeared in May 1999.

Foreign assistance to NGOs

On 28th November 2003, President Lukachenko signed a decree regarding the use of foreign humanitarian aid (decree n° 24). The decree introduces measures to monitor foreign aid and stipulates that such aid may not be used "to organise political meetings, demonstrations, pickets, to prepare and distribute propaganda or to hold seminars or other forms of political work with the population". Any NGO in breach of this decree may be disbanded. The decree follows decree n° 8, adopted in March 2001, which introduced a sharp authorisation system overseen by the President for foreign financing of work undertaken by human rights NGOs, associations, independent media and political parties.²⁴ The decree specifies that any form of aid must be certified for registration by the Department of humanitarian aid, under the responsibility of the President. It also provides that free foreign aid may not be used to prepare or conduct political or social events. Currently in Belarus, most associations and independent media, as well as opposing political parties are run with the help of foreign organisations and foundations.

The institution of state associations

In parallel to the procedure to limit the freedom of associative work, Belarus authorities have introduced a process to encourage associations that are loyal to the State, such as the Republican Youth Union, which benefits from advertising on television and which actively participates in the youth ideology programme. On 30th July 2003, President Lukachenko issued a decree (n° 335) on State republican associations, creating a new status for "associations aimed at meeting significant objectives defined by the State". It is therefore probable that Belarus leaders profit from the dissolution of State-resistant associations by replacing them with docile associations that can benefit from administrative or financial advantages from the State. As repressed human rights activists protest, these new associations may well exploit information collected during inspections of disbanded associations' premises.

Dissolution procedures

Until 2001, associations could be disbanded for three reasons (Associations Law):

• if their activities advocated "a change to the Constitution by violent means, violated the integrity and security of the State, incited propaganda of war, violence, racial, national and religious hatred, or if they were detrimental to the physical and mental health of citizens" (art. 3);
• if the association receives a written warning twice in one year (art. 29);
• if, upon registration, the association's founders are in breach of the Associations law (art. 29).

Since the amendments to Art. 29 of the Associations law of 1994 (n° 213-3) were adopted on 26th June 2003, associations may be disbanded on a court ruling if the "association has at any time been in breach of the legislation on gatherings". This decision followed a series of measures taken since 1997 to drastically limit the freedom of meetings and pacific gatherings for NGO.²⁵ According to the amendment to the law on gatherings adopted 4th December 2003, an application must be made to authorities for the organisation of any gathering of any form no later than 15 days before the date of the event. Organisers may not organise any publicity before official authorisation is given, i.e. no later than five days in advance. The amendment also introduces strict limitations as to the place of gathering, and establishes prohibited perimeters around official or public buildings. Local authorities are entitled to modify the time and place of the event and, in several cases, they reject the application arbitrarily. The measures taken result in a number of offences. For example, those participating may be charged with taking part in an unauthorised gathering, of obstructing the work of the police, using unauthorised symbols or chanting anti-president slogans. Since the amendment was adopted, highway costs, costs for maintaining order and for emergency services – firemen, hospitals – are borne entirely by the organisers. In light of the heavy estimates presented to them, many organisations are unable to pay.

Massive liquidation of NGOs

On 17th June 2003, the NGO "Civil Initiatives" was disbanded, among other reasons, for distorting its name and unjustified use of equipment donated. The association filed a complaint to the United Nations Commission on Human Rights following its disbandment.

On 9th July 2003, the Varuta resource centre in Baranovitchi was disbanded after two warnings from the Ministry of Justice for using an abbreviation of its name on internal documents and using the word "organisation" rather than "association" on its headed paper. Varuta provided assistance in the publication of bulletins, journals and magazines. It developed training and education programmes.

On 31st July 2003, the regional court of Vitebsk ordered the dissolution of the Kontur youth initiative centre on the grounds that its head office address had changed since August 2000 and no longer corresponded to the address shown on the association's registration form. The court also based its decision on the fact that Kontur used foreign financial help without the appropriate authorisation.

In August 2003, the Helsinki committee received a warning from the Ministry of Justice for use of headed paper and a stamp failing to comply with the statutes of the association.

On 9th October 2003, the Supreme Court of Belarus ordered the dissolution of the "Women's answer" association for violating the regulations on the use of its legal registration address.

The same day, the court also disbanded the Belarus fund Cassiopeia on the request of the Ministry of Justice, following warnings concerning an incorrect legal address (registered in private premises) and the use of wrongly headed paper.

On 16th October 2003, the Supreme Court of Belarus disbanded the Lutskevitch brothers fund for breaking the registration law (incorrect address and stamp).

The Minsk Independent Association of Juridical Research received two warnings issued by the ministry of Justice on 10th July and 29th August 2003 for granting non-registered NGOs legal consultations, and for representing the interests of sued NGOs during their trial. After the Association published some articles in the newsletter of the Democratic NGOs Assembly, which was denied registration, a third warning was issued on 5th September that by law instigated a liquidation lawsuit. The Association lodged an appeal against these warnings that was dismissed by the Minsk City court on 5th November. On 29th January 2004, the court ruled the dissolution of the Association on the basis of Article 72 of the Civil Procedure Code, considering that this article forbids any legal representation of one of the parties during a trial.

On 11th November 2003, the Supreme Court requested the dissolution of the "Association of young entrepreneurs" that offered legal advice and organised training to young entrepreneurs, due to irregularities upon the association's re-registration in 1999.

On 24th November 2003, the Supreme Court ordered the dissolution of the association "The hand of support" for similar reasons.

Viasna targeted

The trial for the human rights protection association "Viasna" took place on 22nd, 23rd, 24th and 28th October 2003, following the request for the association's dissolution from the Belarus Ministry of Justice. The Observatory's representatives were able to sit in at the one-judge hearings and observe the trial.

Charges

On 2nd September 2003, the ministry of Justice referred a dissolution procedure to the Supreme Court of Belarus accusing the association:

• of submitting registration documents containing forged signatures (violation of article 13 of the Associations law, of point 3 of the Presidential decree of 26th January 1999 and of point 2 of decision n° 108 of the ministry of Justice of 15th May 1995);
• of presenting an inadequate number of members (8 instead of 10) for the regional structure of Mogilev (violation of ruling of Republican association registration and re-registration commission of 24th March 1999);
• of breaching its own statutes by not collecting membership fees and not creating a local structure in Minsk (violation of points 3.1, 4.5 and 5.1 of Viasna statutes, of article 4 of the Associations law and of article 48 of the Civil Code);
• of breaching the electoral regulation by sending non-member observers (ruling from central electoral commission of 8th September 2001);
• of seeking to legally defend non-members of the association (violation of article 72 of the civil procedure code, article 22 of the Associations law and point 2.1 of Viasna statutes).

The trial was conducted in accordance with international human rights protection standards. The defence could present point by point the arguments it had prepared.

On 28th October, the judge ordered the dissolution of Viasna and a fine of 82,500 Roubles (35 Euros), a clearly political verdict. Four of the five charges were rejected for lack of proof as to the forged signatures, for insufficient legal grounds as to non-compliance to the registration procedure and for failing to adhere to regulations regarding assistance of private persons in civil trials. The only charge accepted was therefore the breach of the electoral regulation.

After hearing the ruling, the association's chairman, Ales Bielatski, defence counsellors Vladimir Labkovitch and Valentin Stefanovitch and five members present to support Viasna refused to leave the courtroom. The police arrested them and they were kept in police custody. On 29th October, they were released but were fined $ 40 to 80 for "refusal to comply" (article 166 of the administrative Code).

Viasna appealed the Supreme Court's ruling. The trial will be held in the same court, this time with several judges.

Detention of Mr. Bandazhevski²⁶

The authorities have refused to meet the Observatory's request, renewed regularly since 3rd December 2002, to allow an international enquiry mission into the detention conditions of Mr. Yuri Bandazhevski.

Mr. Bandazhevski, a renowned international scientist, specialising in medical nuclear radioactivity-related research and former director of the Gomel State Institute of Medicine, revealed in his research work the harmful effects of the catastrophe in Chernobyl on the population of Belarus, contradicting official claims from authorities. He also criticised the misuse of Health Department funds, which he said should have been used for research in this area.

On 18th June 2001, Mr. Bandazhevski was sentenced to eight years of strict detention on the pretext that he sought bribes from parents of pupils at the Institute. In light of his deteriorating physical and mental health, the Observatory referred the matter to the United Nations Working Group on Arbitrary Detention.

On 7th July 2003, the United Nations Commission on Human Rights declared Mr. Bandazhevski's complaint to be admissible, on account of the Protocol option in relation to the International Pact on civil and political rights. The Commission requested that Belarus, having signed the Protocol, provide written explanations and notify it of measures taken.

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

21. On 3rd June 2002, the police intervened to suppress a social protest movement in the village of Nardaran, resulting in one death and twelve people wounded.

22. Decree n° 441 "On the formation of the Heraldry Council under President of the Republic of Belarus and some measures aimed to improve the adoption & state registration of medals, orders & official heraldic symbols".

23. "On some questions regarding civil legal procedures", See open letter to the authorities, 8th August 2003.

24. On this subject, see Belarus: A caricature of autocracy. Civil society in a stranglehold. Observatory international investigation mission, September 2001, p. 16.

25. See Belarus: A caricature of autocracy. Civil society in a stranglehold. Observatory international enquiry mission, September 2001, p. 23.

26. See Annual Report 2002, Press Release of 17th April 2003 and Open Letter to authorities of 8th August 2003.