Judicial harassment against several leaders of the Belarusian Independent Trade Union of Radio and Electronic Industry Workers (REP) and the Belarusian Independent Trade Union (BITU)

BLR 003 / 0817 / OBS 087

Judicial harassment / Arbitrary detention /Release

Belarus

August 10, 2017

The Observatory for the Protection of Human Rights Defenders, apartnership of FIDH and the World Organisation Against Torture (OMCT), hasreceived new information and requests your urgent intervention in the followingsituation in Belarus.

The Observatory hasbeen informed by reliable sources of the judicial harassment faced by severalleaders of the Belarusian Independent Trade Union of Radio and ElectronicIndustry Workers (REP) and the BelarusianIndependent Trade Union (BITU). During the mass social protests thatsparked in the Spring of 2017 to protest the Presidential Decree No. 3 (“On thePrevention of Social Parasitism”) which imposes a fee on the unemployed andpartially employed, REP provided legal aid and strongly criticised the Decreein that it negatively impacted citizens' economic and social rights. REPgathered over 45,000 signatures against Presidential Decree No. 3 and activelyparticipated in the peaceful marches held in several major cities of Belarus.

On August 2, 2017,officers of the Financial Investigation Department of the State ControlCommittee of Belarus raided and confiscated,under warrant, computers and financial documentsfrom REP’s headquarters and BITU’s central office as well as the homes of BITUChairman Mr. Mikalai Zimin, BITU Secretary-Treasurer Ms. SniazhanaHrynevich, the former editor of REP ‘s website Ms. Natallia Pichuzhkina,REP’s Chief Accountant Mr. Ihar Komlik and REP Chairman Mr. Henadz Fiadynich.

The latter two werearrested during the raid as suspects of tax evasion. Mr. Henadz Fiadynich was released thesame day after an interrogation, while an investigation against him continues.At the time of publication of this appeal, Mr. Ihar Komlik remained indetention charged under Article 243, Part 2, of the Criminal Code for “Taxevasion on a large scale”. Both face up to seven years in prison withconfiscation of property.

According to the officialinformation provided by the State Control Committee of Belarus on its website, acriminal case was opened against Messrs. HenadzFiadynich and Ihar Komlik on the ground that “the chairman andthe chief accountant of the trade union opened accounts in foreign banks onbehalf of the trade union with the purpose of personal enrichment andconstantly received big transfers of funds”.

The Observatoryrecalls that Mr. Ales Bialiatski,Chairman of the Human Rights Centre “Viasna”, was charged under the samearticle in 2011 and was subsequently sentenced to four and a half years inprison for “tax evasion”. In 2013, the United Nations (UN) Working Group onArbitrary Detention concluded that his detention was arbitrary adding that the“fund raising undertaken by Mr. Bialatski for the purposes of allowing thevery existence of Viasna and continuation of its activities is in conformitywith […] article 20, paragraph 1 of the Universal Declaration of Human Rightsand 22 of the International Covenant on Civil and Political Rights”, and concluded that “the criminal provisionsas applied to Mr. Bialatski do not take account of the aforementionedstandards” and that Belarus was therefore in breach of its internationalobligations”[1]. TheUN Human Rights Committee (CCPR) subsequently confirmed the arbitrariness ofAles Bialiatski’s detention on the same grounds[2].

The Observatory would like to recall that Belarusian legislation unduly restricts the right tofreedom of association. Indeed, authorities have been arbitrarily refusing toregister civil society organisations, especially those critical of theGovernment. Furthermore, citizens involved in the activities of unregisteredassociations are liable to criminal prosecution. Moreover, registeredorganisations must register all foreign donations received with the Departmentof Humanitarian Affairs of the Presidential Administration. The InternationalLabour Organisation (ILO)[3] has previously called theBelarusian authorities to amend Presidential Decree No. 24 concerning theuse of foreign gratuitous aid since it prohibits the use of foreign gratuitousaid for, among others, carrying out public meetings, rallies, streetprocessions, demonstrations, pickets, strikes and the running of seminars andother forms of public events [4]. The latterrecommendation has never been brought into effect by Belarus.

The Observatory fearsthat REP and BITU leaders are being targeted in reprisal for their human rightsactivities and calls for the immediate release of Mr. Komlik, as well as endingall judicial harassment against REP and BITU leaders, in particular MessrsKomlik and Fiadynich, in so far as it appears to only aim at sanctioning theirpeaceful and legitimate human rights activities.

Actions requested:

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

i. Immediately and unconditionally release Mr. Ihar Komlik;

ii.Drop all the charges brought against Messrs. Ihar Komlik and Henadz Fiadynich;

iii. Put an end to any form ofharassment, including at the judicial level, against Messrs. Ihar Komlik and Henadz Fiadynich as well as all human rights defenders in Belarus;

iv. Guarantee in all circumstances the physicaland psychological integrity of Messrs. Ihar Komlik and Henadz Fiadynich ;

v. Complywith all their international obligations to respect the exercise of the citizens'right to freedom of association, as established in the International Covenanton Civil and Political Rights, in particular its Article 22, and Article 3 of ILO Convention on Freedom of Association and Protection of the Right toOrganise Convention No. 87;

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

vii. Ensure in all circumstances respect for human rights andfundamental freedoms in accordance with international human rights standardsand international instruments ratified by Belarus;

viii. Cease any acts of pressure against theindependent trade union movement and abandon the unlawful interference in thetrade unions' activities.

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. Leonid V 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, August 10, 2017

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

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 Mechanism implementedby 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

[1] See UN WGAD Opinion, August 31,2012:https://documents-dds-ny.un.org/doc/UNDOC/GEN/G12/183/14/PDF/G1218314.pdf?OpenElement

[2] See CCPR Views CCPR/C/112/D/2165/2012, October 24, 2014:http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR/C/112/D/2165/2012&Lang=en

[3] ILO is a United Nations agency that brings together governments, employers andworkers representatives, to set labour standards, develop policies and deviseprogrammes promoting decent work for all women and men.

[4] See International Labour Conference Observation (CEACR) - adopted 2014,published 104th ILC session (2015), Freedom of Association and Protection ofthe Right to Organise Convention, 1948 (No. 87) - Belarus, http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:3186994