Confiscation of documents

Belarus

September 23, 2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Belarus.

Description of the situation:

TheObservatory was informed of the confiscation of 40 copies of a book titled“Enlightened by Belarusianness” ("Asvechanyia Belaruschunai"),written by Mr. Ales Bialiatski, President of the Human Rights Centre(HRC) “Viasna” and FIDH Vice-President, who is serving 4,5 years' imprisonmentin relation to his human rights activities, after they were considered as potentially damaging the image of the country.The 455-pages book is a digest of literary articles and essays on Belarusianliterature, and also features four texts written by Mr. Bialiatski behind bars.

Accordingto the information received, on September 5, 2013, Ms. Tatsiana Reviaka,a member of the HRC “Viasna”, received the conclusions of an expert examinationordered by the Ashmiany Customs Department, which alleged that Mr. AlesBialiatski’s book “could damage the image of the Republic of Belarus”. On September 13,2013, Ms. Reviaka filed a complaint to the Chairman of the State CustomsCommittee, urging him to conclude on the illegality of both the order for theappointment of the examination and of its conduct.

OnJuly 3, 2013, 40 copies of the book had been confiscated from Ms. Reviaka atthe Belarusian-Lithuanian border. On July 5, 2013, a notice was sent to Ms.Reviaka informing her that an examination would be carried out by the head ofthe chief department for ideological work, youth and culture of the Hrodnaregional executive committee. On July 15, Ms. Reviaka sent a petition torequest a copy of the examination order, as well as information about thequalifications of the expert, including his or her level of education, degree,professional experience and previous experience of conducting similarexaminations, invoking Article 138 of the Customs Code of the Customs Union,according to which “a customs examination shall be appointed by the customsauthorities and carried out by customs experts as well as experts from otherauthorised organisations”, while the expert may be a person who “possesses thenecessary expertise to give expert opinion”.

Inhis response to the request, dated July 22, 2013, the Acting Director of theAshmiany Customs Department Mr. Siarhei Samushchau alleged that the Ashmianycustoms did not know who would conduct the examination, while the decision onthe appointment of the examination had mentioned the name of P.K. Skarabko. Ms.Tatsiana Reviaka therefore sent another petition to reiterate her previousdemands about the qualifications of Mr. P.K. Skarabko. This was followed byanother vague answer which completely ignored her request.

OnAugust 14, 2013, Ms. Reviaka expressed concerns to the State Customs Committeethat 33 days after the appointment of the examination (i.e. from July 5 toAugust 7, 2013), the head of the Ashmiany Customs Department was still unawareof the expert’s name, although Part. 2 of Article 139 of the Customs Codeprovides that the period of an examination may not exceed 20 working days fromthe date of submission of the expert materials, and that such materials shouldbe passed to the expert during the same working day.

However,on September 9, 2013, the State Customs Committee replied that the examinationhad “started on July 24, 2013” and had in reality been “completed on July 30,2013”.

The Observatoryexpresses its concern about the confiscation of the copies of Mr. Bialiatski'sbook on biased grounds and about the series of procedural irregularities thatensued, and considers it as a means to further sanction his human rightsactivities.

Actions requested:

Pleasewrite to the Belarusian authorities, urging them to :

i. Cancel the examination order and return theconfiscated books written by Mr. Bialiatski to Ms. Reviaka;

ii. Put an end to any kindof harassment - including at the judicial and administrative levels - againstMr. Ales Bialiaski, Ms. Reviaka, as well as against all other human rightsdefenders in Belarus;

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

- its Article 1, which states that “everyone hasthe right, individually and in association with others, to promote and tostrive for the protection and realization of human rights and fundamentalfreedoms at the national and international levels”,

- its Article 6 (b) and (c), which states that“Everyone has the right, individually and in association with others […] asprovided for in human rights and other applicable international instruments,freely to publish, impart or disseminate to others views, information andknowledge on all human rights and fundamental freedoms and [...] to study,discuss, form and hold opinions on the observance, both in law and in practice,of all human rights and fundamental freedoms and, through these and otherappropriate means, to draw public attention to those matters”.

- and its Article 12.2, which provides that “theState shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration” ;

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by the Belarusian Republic.

Addresses:

· President Aliaksandr Lukashenka,vul. Karla Marksa, 38, 220016 Minsk, Belarus, Fax: + 375 172 26 06 10 or + 375172 22 38 72, Email: contact@president.gov.by

· Head of the Administration of thePresident of Belarus, Mr. Uladzimir Uladzimiravich Makei, vul. K. Marksa 34,220016 Minsk, Fax: + 375 17 226-06-10

· General Prosecutor, RyhorAliakseyevich 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 ofBelarus, Mr. Valiantsin Alehavich Sukala, vul. Lenina, 28, 220030 Minsk,Belarus, Email: scjustrb@pmrb.gov.by

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

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

Please also write to thediplomatic mission or embassy of Belarus in your respective country.

***

Paris-Geneva, September 23,2013

Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.

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