Arbitrary arrest and subsequent release of seven observers of the Human Rights Center Viasna and the Belarusian Helsinki Committee (BHC), and obstacles to the right to peaceful assembly.

BLR001 / 0318 / OBS 035

Obstacles to freedom of assembly /

Arbitrary arrest / Judicial harassment

Release

Belarus

March 28, 2018

The Observatory for the Protection of Human Rights Defenders, apartnership of FIDH and the World Organisation Against Torture (OMCT), requestsyour urgent intervention in the following situation in Belarus.

Descriptionof the situation:

The Observatory hasbeen informed by reliable sources about the arbitrary arrest and subsequentrelease of Mr. Maksim Kavaliou, Ms. Tatsiana Mastykina, Mr. Andrus Krechka, Mr. Ihar Bahachou, Ms. Nasta Loika, Ms. HannaSakhankova, and Ms. Nasta Vasilchuk, observers of the Human RightsCenter Viasna and the Belarusian Helsinki Committee (BHC), as well as about obstaclesto the right to peaceful assembly.

According to theinformation received, on March 25, 2018, the seven human rights defenders werearrested during an unauthorised demonstration in Yakub Kolas Square, Minsk,organised to commemorate the 100th anniversary of Belarus’ proclamation ofindependence. The seven observers mandated by the HRC Viasna and the BHC werepart of the observation delegation monitoring the demonstration and werewearing an armband signalling them as observers.

While at the Sovetskyipolice station, Mr. Maksim Kavaliou, Ms. Tatsiana Mastykina, Mr. AndrusKrechka, Mr. Ihar Bahachou, Ms. Nasta Loika and Ms. Hanna Sakhankova wereordered to face the wall outside, with their hands up and their personalbelongings on the ground. Their bags were searched, and the police officerstook their photos and fingerprints. Ms. Tatsiana Mastykina refused to obey andwas taken away, forcibly fingerprinted, and was held by her hair whenphotographing. All six of them were released the same day.

Ms. Nasta Vasilchukwas detained at the Pervomaiskyi police station in Minsk and released withoutdrawing up a detention protocol.

Mr. Maksim Kavaliou,Ms. Tatsiana Mastykina, Mr. Andrus Krechka, Mr. Ihar Bahachou and Ms. NastaLoika were charged with “participation in unauthorised mass gatherings” underArticle 23.34 of the Code of Administrative Offences. Ms. Tatsiana Mastykinawas additionally charged with “resisting demands of a public official” under Article 23.4 of the same Code.They were supposed to appear before the Soviet District Court on March 26,2018, but the hearings were cancelled without any postponed date.

The police alsodetained several dozen protesters and four journalists of the Belsat TVchannel. At least 120 people were detained in connection with the demonstrationthroughout the country.

The Observatorystrongly condemns the arbitrary arrest of Mr. Maksim Kavaliou, Ms. TatsianaMastykina, Mr. Andrus Krechka, Mr. Ihar Bahachou, Ms. Nasta Loika, Ms. HannaSakhankova and Ms. Nasta Vasilchuk, as well as the judicial harassment of fiveof them, as it appears to be a retaliation of their legitimate and peacefulhuman rights activities.

The Observatory urgesBelarusian authorities to put an end to all forms of harassment, including atthe judicial level against them and to uphold international human rightsstandards to which Belarus is bound with respect to freedom of assembly.

Actions requested:

Please write to the authorities of Belarus,urging them to:

i. Put an end to any form ofharassment, including at the judicial level, against Mr. Maksim Kavaliou, Ms. TatsianaMastykina, Mr. Andrus Krechka, Mr. Ihar Bahachou, Ms. Nasta Loika, Ms. HannaSakhankova and Ms. Nasta Vasilchuk as well as all human rights defenders in Belarus;

ii. Guarantee in all circumstances the physicaland psychological integrity of all human rights defenders in Belarus;

iii. Complywith all their international obligations to respect the exercise of thecitizens' right to freedom of association and assembly, as established in theInternational Covenant on Civil and Political Rights, in particular itsArticles 21 and 22;

iv. Comply with the provisions of the United Nations Declaration onHuman Rights Defenders, in particular with its Articles 1, 2, 5 and 12.2;

v. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Belarus.

Addresses:

· President Aliaksandr Lukashenka, Belarus, Fax: + 375172 26 06 10 or + 375 172 22 38 72, Email: contact@president.gov.by

· General Prosecutor, Alexander Konyuk, Belarus, Fax: +375 17 226 42 52

· Minister of Justice of Belarus, Mr. OlegSlizhevsky, Email: kanc@minjust.by, Fax: + 375 17 200 86 87

· Chairman of the State Control Committee of Belarus,Mr. LeonidV Anfimov,Email: kgk@mail.belpak.by

· H.E. Mr. Yury Ambrazevich, Permanent Mission ofBelarus to the United Nations in Geneva, Switzerland, Fax: +41 22 748 24 51.Email: mission.belarus@ties.itu.int

· H.E. Mr. Aleksandr Mikhnevich, Embassy of Belarus inBrussels, Fax: + 32 2.340.02.87, Email: belgium@mfa.gov.by

Please also write tothe diplomatic representations of Belarus in your respective countries.

***

Paris-Geneva, March 28, 2018

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by FIDH and the World Organisation Against Torture (OMCT). Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanismimplemented by international civil society.

Tocontact the Observatory, call the emergency line:

· 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