Administrative harassment against three human rights defenders

BLR 001 / 0113 / OBS 003

Administrativeharassment / Fines

Belarus

January 10,2013

The Observatory for theProtection of Human Rights Defenders, a joint programme of the InternationalFederation for Human Rights (FIDH) and the World Organisation Against Torture(OMCT), requests your urgent intervention in the following situation in Belarus.

Description ofthe situation:

The Observatory has beeninformed by reliable sources about the imposition of fines on Messrs. RamanYurhel, member of the Belarusian Helsinki Committee (BHC), and ViktarSazonau and Uladzimir Khilmanovich, members of the Human Rights Center“Viasna”.

According to theinformation received, on January 5, 2013, Messrs. Raman Yurhel, Viktar Sazonauand Uladzimir Khilmanovich were fined a total of 4.5 million Belarusian roubles(1.5 million each) by the Leninski District Court of Hrodna after being chargedunder Article 23.34 of the Administrative Code, which provides punishment forviolating the procedure of “organising or conducting a mass event ordemonstration”.

The three defenders werecharged after they photographed themselves on December 10, 2012 in the town ofHrodna, Belarus, with a portrait of imprisoned Belarusian human rights defenderAles Bialiatski and brochures containing the text of the Universal Declarationof Human Rights. The police issued charge sheets on December 18, 2012, afterthe December-10 action was qualified as an “unauthorised mass event”. Thecharge sheets, which contain a description the administrative violationssupposedly committed, were brought to the knowledge of the three defenders onDecember 19, 2012. The three cases were then merged into a single case, andscheduled to be heard on January 5, 2013 before the Leninski District Court ofHrodna.

The hearing lasted 2.30hours. No witnesses nor any evidence were presented during that hearing and allthe accusations were based solely on speculation and reports of policeofficials. Presiding Judge Vital Letska also failed to interrupt the hearing atany point over the 2.30 hours, before issuing the court ruling.

Actionsrequested:

Please write to theBelarusian authorities, urging them to:

i. Guaranteein all circumstances the physical and psychological integrity of Messrs. Raman Yurhel, Viktar Sazonau andUladzimir Khilmanovich, as well as of all humanrights defenders in Belarus;

ii.Put an end to any kind of harassment - including at the judicial andadministrative levels - against Messrs. Raman Yurhel, Viktar Sazonau andUladzimir Khilmanovich, as well as against all other human rights defenders inBelarus;

iii.Conform with the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998,especially:

-its Article 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”,

-its Article 6 (b) and (c), which states that “Everyone has the right,individually and in association with others […] as provided for in human rightsand other applicable international instruments, freely to publish, impart ordisseminate to others views, information and knowledge on all human rights andfundamental freedoms and [...] to study, discuss, form and hold opinions on theobservance, both in law and in practice, of all human rights and fundamentalfreedoms and, through these and other appropriate means, to draw publicattention to those matters”.

-and its Article 12.2, which provides that “the State shall take all necessarymeasures to ensure the protection by the competent authorities of everyone,individually and in association with others, against any violence, threats,retaliation, de facto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration” ;

iv.Ensure in all circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by the Belarusian Republic.

Addresses:

·President AliaksandrLukashenka, vul. Karla Marksa, 38, 220016 Minsk, Belarus, Fax: + 375 172 26 0610 or + 375 172 22 38 72, Email: contact@president.gov.by

·Head of the Administration ofthe President of Belarus, Mr. Uladzimir Uladzimiravich Makei, vul. K. Marksa34, 220016 Minsk, Fax: + 375 17 226-06-10

· General Prosecutor, Ryhor Aliakseyevich Vasilevich, vul.Internatsyjanalnaya. 22, 220050 Minsk, Belarus, Fax: + 375 17 226 42 52

· Minister of Justice of Belarus, Mr. Viktar Ryhoravich Halavanau, vul. Kalektarnaya, 10, 220004 Minsk, Belarus, Email kanc@minjust.by

· President of the Supreme Court of Belarus, Mr. Valiantsin AlehavichSukala, vul. Lenina, 28, 220030 Minsk, Belarus, Email: scjustrb@pmrb.gov.by

· Permanent Mission of Belarus to the United Nations in Geneva, 15 avenuede la paix, 1211 Geneva 20, Switzerland, Fax: +41 22 748 24 51. Email: mission.belarus@ties.itu.int

·Embassy of Belarus inBrussels, 192 avenue Molière, 1050 Ixelles, Belgium, Fax: + 32 2.340.02.87,Email: embbel@skynet.be

Please also write to the diplomatic mission or embassy of Belarus inyour respective country.

***

Paris-Geneva, January 10, 2013

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.

To contact the Observatory, call the emergencyline:

• E-mail: Appeals@fidh-omct.org
• Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29