Belarus
08.08.03
Urgent Interventions
Belarus : Open letter to Mr Aleksander Lukashenko, President of the Republic
OPEN LETTER to Mr Aleksander Lukashenko, President of the Republic of
Belarus, Paris-Geneva, 8 August 2003
The International Federation for Human Rights (FIDH), and the World
Organisation Against Torture (OMCT) within the framework of their
joint programme, the Observatory for the Protection of Human Rights
Defenders, note with concern that repression of Human Rights
Defenders in Belarus has intensified over the past few months.Since
April 2003, pressure on non-governmental organisations has indeed
developed tremendously, and it seems that a new campaign of State
harassment has been initiated against NGOs.In that respect, it should
be recalled that on 16 April 2003, President Lukashenko signed Decree
No. 13 "On some questions of civil justice". This decree states that
"representatives of non-governmental associations can be
representatives of physical persons in civil trials in general courts
only in cases the law allows them to represent and protect the rights
and interests of the members of those associations and other persons
in courts". Moreover, in his yearly message to the Parliament, the
President noted that the practice for representatives of NGOs to
represent the interests of citizens damages the institution of
advocacy. According to Belarus Helsinki Committee, this decree
contradicts Article 62 of the Belarus Constitution, which does not
limit the right of citizens to choose their representatives in
courts. It also contradicts Article 73 of the Civil Procedural Code,
which lists limitations to this right only regarding minors, disabled
or partially disabled persons, as well as judges, investigators and
prosecutors. The aim of this Decree is obviously to prohibit NGOs to
represent the interests of citizens in civil trials, thus hindering
their activity. The Observatory insists that this Decree violates
Article 9 (3) (c) of the U.N. Declaration on Human Rights Defenders
of 9 December 1998. This article states that "...everyone has the
right, individually and in association with others... to offer and
provide professionally qualified legal assistance or other relevant
advice and assistance in defending human rights and fundamental
freedoms".
Furthermore, Human Rights Defenders, as well as non-governmental
organisations, are subject to constant pressure, which takes many
forms: judicial liquidations of NGOs, check-ups and threats of check-
ups of NGOs' premises, warnings, etc.
The Observatory notes with deep concern that an increasing number of
NGOs are liquidated for alleged administrative irregularities. In
April, "Ratusha", a regional NGO, was liquidated for non-permitted
editorial activity. The Agency of Regional Development "Varuta" was
liquidated because only its shortened name appeared on internal
documents. "Youth Christian Union" in Minsk was liquidated for
activities that allegedly contradicted its statutes (e.g. support to
refugees) and non-presentation of the list of its members to the
Ministry of Justice. In May, "Civil initiatives" was liquidated for,
among others, purposeless use of equipment received as free
assistance, and distortion of its name. On 31 July, Vitsebsk Regional
Court ordered the liquidation of the Centre of Youth Initiatives
"Kontur" because since August 2000, its office had moved, and was not
situated at its registered address any more. The Court also claimed
that Kuntur used the financial support of foreign non-profit
organisations without the appropriate authorisation.
On 2 August, judicial proceedings started in the Minsk City Court for
the liquidation of "Legal Assistance to Population". According to the
Civil Code, the Law about Public Associations, and Presidential
Decree n° 13, this activity requires a licence, which the NGO did not
have, because it was previously deprived of it by the Justice
Ministry. It is worth mentioning that Legal Assistance to Population
provides the families of the missing Belarus political opponents with
legal assistance. The organisation head, Oleg Volchek, is the
representative of Yuri Zakharenko. He also represented the interests
of the families of the children who died at a pedestrian underground
crossing in Minsk, in May 1999. The accident, at the occasion of
which 53 people died, was reportedly due to police negligence.
Moreoever, Viasna, a Human Rights NGO, has also lately experienced
check-ups, or threats of check-ups, of five of its offices. The first
check-up concerned the regional office in Brest. It was conducted by
the Justice Board of Brest Regional Executive Committee (REC) in
March 2003, immediately after the election to local Deputy Soviets. A
report was sent to the Ministry of Justice subsequently to the check-
up, alleging accountancy irregularities. To this day, however, the
Minister of Justice has not reacted to the report. The Justice Board
of Minsk REC was also planning to carry out a check-up of the office
in Minsk. It did not take place, however, because the office had been
liquidated in the meantime. At the end of June, check-ups of the
offices of Vitebsk and of Gomel were still ongoing. The Observatory
thus fears that Viasna may be the next victim of governmental
repression.
In July the Justice Board of Minsk City Executive issued a warning to
the local Human Rights NGO "Independent Association of Juridical
Research", because it had
represented the interests of Ratusha during the liquidation trial in
Hrodna. According to the warning, the organisation infringed the Law
on public associations by carrying
out an activity outside the city of Minsk where it is registered. On
29 July, the "Belarus Organisation of Working Women" was warned for
violation of the rules concerning
production and keeping of seals, and creation of bodies that were not
mentioned in its Statutes. It also allegedly printed a wrong
registered address on some documents.
Finally, the Observatory would like to insist on the situation of
Professor Yuri Bandazhevsky. He is in jail since two years, serving
an eight years' imprisonment sentence
thought to be linked with the fact that he openly criticised the
reaction of the State authorities to the disastrous impact of the
Chernobyl catastrophe on population's health.
On 7 July 2003, the UN Human Rights Committee declared that Mr
Bandazhevsky's communication for consideration under the Optional
Protocol to the International
Covenant on Civil and Political Rights was admissible. The Committee
requested the State of Belarus, in its capacity as State party to the
Protocol, to submit written
explanations clarifying the matter, and expose measures that have
been taken. On several occasions, the Observatory expressed its
concern that the conditions of
imprisonment may severely impact on his health in the long term. In
December 2002, the Observatory requested from the authorities the
authorisation to organise an
investigative mission on Mr Bandazhevsky's conditions of detentions.
The authorities did not follow up on this request (see press release
on 17 April 2003). The Observatory
is deeply concerned about the current condition of Mr Bandazhevsky,
and is calling for his immediate and unconditional release.
The Observatory notes that all these facts contradict the principles
of freedom of association and of freedom of expression. Furthermore,
they constitute grave and blatant
violations of the U.N. Declaration on Human Rights Defenders,
especially Article 1 which states that "everyone has the right,
individually and in association with others, to
promote and to strive for the protection and realisation of human
rights and fundamental freedoms at the national and international
levels". According to Article 2, "each
State has the prime responsibility and duty to protect, promote and
implement all human rights and fundamental freedoms". Article 5
guarantees the right to "meet or
assemble peacefully; to form, join and participate in non-
governmental organisations or groups; to communicate with non-
governmental or intergovernmental organisations",
for the purpose of promoting human rights and fundamental freedoms.
In light of the above, The International Federation for Human Rights
(FIDH), and the World Organisation Against Torture (OMCT) within the
framework of their joint
programme, the Observatory for the Protection of Human Rights
Defenders, urge the Belarus authorities:
- To cease harassment and intimidation of non-governmental
organisations and individuals engaged in the protection of Human
Rights;
- To take all necessary measures to ensure that human rights
defenders can exert their activity free from State interference;
- To release individuals detained for their commitment to the
protection of human rights;
- To comply with the request of the UN Human Rights Committee, and to
release Yuri Bandazhevsky immediately and unconditionally;
- To implement international and regional instruments for the
protection of human rights binding on Belarus, and to comply with
Resolution on the situation of Human Rights
in Belarus adopted by the UN Commission on Human Rights on 17 April
2003;
- To invite Mrs. Hina Jilani, Special Representative of the UN
Secretary-General on Human Rights Defenders, and the UN Working Group
on Arbitrary Detention, to go to Belarus in order to assess the
situation.
Sidiki KABA President of FIDH
Eric SOTTAS Director of OMCT
Belarus, Paris-Geneva, 8 August 2003
The International Federation for Human Rights (FIDH), and the World
Organisation Against Torture (OMCT) within the framework of their
joint programme, the Observatory for the Protection of Human Rights
Defenders, note with concern that repression of Human Rights
Defenders in Belarus has intensified over the past few months.Since
April 2003, pressure on non-governmental organisations has indeed
developed tremendously, and it seems that a new campaign of State
harassment has been initiated against NGOs.In that respect, it should
be recalled that on 16 April 2003, President Lukashenko signed Decree
No. 13 "On some questions of civil justice". This decree states that
"representatives of non-governmental associations can be
representatives of physical persons in civil trials in general courts
only in cases the law allows them to represent and protect the rights
and interests of the members of those associations and other persons
in courts". Moreover, in his yearly message to the Parliament, the
President noted that the practice for representatives of NGOs to
represent the interests of citizens damages the institution of
advocacy. According to Belarus Helsinki Committee, this decree
contradicts Article 62 of the Belarus Constitution, which does not
limit the right of citizens to choose their representatives in
courts. It also contradicts Article 73 of the Civil Procedural Code,
which lists limitations to this right only regarding minors, disabled
or partially disabled persons, as well as judges, investigators and
prosecutors. The aim of this Decree is obviously to prohibit NGOs to
represent the interests of citizens in civil trials, thus hindering
their activity. The Observatory insists that this Decree violates
Article 9 (3) (c) of the U.N. Declaration on Human Rights Defenders
of 9 December 1998. This article states that "...everyone has the
right, individually and in association with others... to offer and
provide professionally qualified legal assistance or other relevant
advice and assistance in defending human rights and fundamental
freedoms".
Furthermore, Human Rights Defenders, as well as non-governmental
organisations, are subject to constant pressure, which takes many
forms: judicial liquidations of NGOs, check-ups and threats of check-
ups of NGOs' premises, warnings, etc.
The Observatory notes with deep concern that an increasing number of
NGOs are liquidated for alleged administrative irregularities. In
April, "Ratusha", a regional NGO, was liquidated for non-permitted
editorial activity. The Agency of Regional Development "Varuta" was
liquidated because only its shortened name appeared on internal
documents. "Youth Christian Union" in Minsk was liquidated for
activities that allegedly contradicted its statutes (e.g. support to
refugees) and non-presentation of the list of its members to the
Ministry of Justice. In May, "Civil initiatives" was liquidated for,
among others, purposeless use of equipment received as free
assistance, and distortion of its name. On 31 July, Vitsebsk Regional
Court ordered the liquidation of the Centre of Youth Initiatives
"Kontur" because since August 2000, its office had moved, and was not
situated at its registered address any more. The Court also claimed
that Kuntur used the financial support of foreign non-profit
organisations without the appropriate authorisation.
On 2 August, judicial proceedings started in the Minsk City Court for
the liquidation of "Legal Assistance to Population". According to the
Civil Code, the Law about Public Associations, and Presidential
Decree n° 13, this activity requires a licence, which the NGO did not
have, because it was previously deprived of it by the Justice
Ministry. It is worth mentioning that Legal Assistance to Population
provides the families of the missing Belarus political opponents with
legal assistance. The organisation head, Oleg Volchek, is the
representative of Yuri Zakharenko. He also represented the interests
of the families of the children who died at a pedestrian underground
crossing in Minsk, in May 1999. The accident, at the occasion of
which 53 people died, was reportedly due to police negligence.
Moreoever, Viasna, a Human Rights NGO, has also lately experienced
check-ups, or threats of check-ups, of five of its offices. The first
check-up concerned the regional office in Brest. It was conducted by
the Justice Board of Brest Regional Executive Committee (REC) in
March 2003, immediately after the election to local Deputy Soviets. A
report was sent to the Ministry of Justice subsequently to the check-
up, alleging accountancy irregularities. To this day, however, the
Minister of Justice has not reacted to the report. The Justice Board
of Minsk REC was also planning to carry out a check-up of the office
in Minsk. It did not take place, however, because the office had been
liquidated in the meantime. At the end of June, check-ups of the
offices of Vitebsk and of Gomel were still ongoing. The Observatory
thus fears that Viasna may be the next victim of governmental
repression.
In July the Justice Board of Minsk City Executive issued a warning to
the local Human Rights NGO "Independent Association of Juridical
Research", because it had
represented the interests of Ratusha during the liquidation trial in
Hrodna. According to the warning, the organisation infringed the Law
on public associations by carrying
out an activity outside the city of Minsk where it is registered. On
29 July, the "Belarus Organisation of Working Women" was warned for
violation of the rules concerning
production and keeping of seals, and creation of bodies that were not
mentioned in its Statutes. It also allegedly printed a wrong
registered address on some documents.
Finally, the Observatory would like to insist on the situation of
Professor Yuri Bandazhevsky. He is in jail since two years, serving
an eight years' imprisonment sentence
thought to be linked with the fact that he openly criticised the
reaction of the State authorities to the disastrous impact of the
Chernobyl catastrophe on population's health.
On 7 July 2003, the UN Human Rights Committee declared that Mr
Bandazhevsky's communication for consideration under the Optional
Protocol to the International
Covenant on Civil and Political Rights was admissible. The Committee
requested the State of Belarus, in its capacity as State party to the
Protocol, to submit written
explanations clarifying the matter, and expose measures that have
been taken. On several occasions, the Observatory expressed its
concern that the conditions of
imprisonment may severely impact on his health in the long term. In
December 2002, the Observatory requested from the authorities the
authorisation to organise an
investigative mission on Mr Bandazhevsky's conditions of detentions.
The authorities did not follow up on this request (see press release
on 17 April 2003). The Observatory
is deeply concerned about the current condition of Mr Bandazhevsky,
and is calling for his immediate and unconditional release.
The Observatory notes that all these facts contradict the principles
of freedom of association and of freedom of expression. Furthermore,
they constitute grave and blatant
violations of the U.N. Declaration on Human Rights Defenders,
especially Article 1 which states that "everyone has the right,
individually and in association with others, to
promote and to strive for the protection and realisation of human
rights and fundamental freedoms at the national and international
levels". According to Article 2, "each
State has the prime responsibility and duty to protect, promote and
implement all human rights and fundamental freedoms". Article 5
guarantees the right to "meet or
assemble peacefully; to form, join and participate in non-
governmental organisations or groups; to communicate with non-
governmental or intergovernmental organisations",
for the purpose of promoting human rights and fundamental freedoms.
In light of the above, The International Federation for Human Rights
(FIDH), and the World Organisation Against Torture (OMCT) within the
framework of their joint
programme, the Observatory for the Protection of Human Rights
Defenders, urge the Belarus authorities:
- To cease harassment and intimidation of non-governmental
organisations and individuals engaged in the protection of Human
Rights;
- To take all necessary measures to ensure that human rights
defenders can exert their activity free from State interference;
- To release individuals detained for their commitment to the
protection of human rights;
- To comply with the request of the UN Human Rights Committee, and to
release Yuri Bandazhevsky immediately and unconditionally;
- To implement international and regional instruments for the
protection of human rights binding on Belarus, and to comply with
Resolution on the situation of Human Rights
in Belarus adopted by the UN Commission on Human Rights on 17 April
2003;
- To invite Mrs. Hina Jilani, Special Representative of the UN
Secretary-General on Human Rights Defenders, and the UN Working Group
on Arbitrary Detention, to go to Belarus in order to assess the
situation.
Sidiki KABA President of FIDH
Eric SOTTAS Director of OMCT