BLR008 / 1011 / OBS 118

Sentencing/ Judicial harassment

Belarus

October21, 2011

The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Belarus.

Description of the situation :

The Observatory has been informed by reliable sourcesabout the sentencing of Mr. Valiantsin Stefanovich, Vice-Chairman of the Human Rights Centre “Viasna”.

According to the information received, on October 19,2011, Mr. Stefanovich was requested to pay 4,727,330 Belarusian rubles(about 600 euros) in the administrative case opposing him to the tax inspectionof Minsk Partyzanski District. He was accused of having "understated theamount of his taxable income".

The Observatory recalls that the authorities have beenhunting Mr. Valiantsin Stefanovich's resources over the past years. Since 2008,he has been asked on several occasions to provide his tax returns, including atax form on the total income he received over 10 years (1998-2008), although hehad already presented all those documents to the district tax inspection.

The Observatory strongly denounces the sentencing ofMr. Stefanovich, which seems to merely aim at sanctioning his human rightsactivities.

Moreover, the Observatory recalls that Mr. AlesBialiatski, President of Viasna and FIDH Vice-President, has been arrestedand arbitrary detained since August 4, 2011, in a detention centre of theInterior Ministry located in Valadarski street. The latter was charged underArticle 243, part 2, of the Criminal Code of the Republic of Belarus(“concealment of profits on an especially large scale”), which provides for upto seven years' imprisonment, with confiscation of property. The criminal caseis to be considered by the Pershamaiski District Court of Minsk (Judge SyarheiBandarenka), but the trial will be held in the premises of the Maskouski DistrictCourt. The first hearing of the trial is scheduled on November 2, 2011 at 10:00am.

This case was opened on the basis of informationrelated to Mr. Bialatski's bank account at a bank in Vilnius, Lithuania, whichwas provided by the Lithuanian Ministry of Justice to the Belarusianauthorities. The Belarusian tax authorities interpreted the amount on theaccount of Mr. Bialatski's as his personal income and accused him of concealingit. In reality, this money, which was transferred by international organisations,was by no means used as personal funds but to finance the activities of the HRC"Viasna", such as assistance provided to victims of the politicalrepression in the post-electoral context.

Actions requested :

Please write to the Belarusian authorities, urgingthem to :

I. Guarantee inall circumstances the physical and psychological integrity of Mr. Valiantsin Stefanovich, Mr. Ales Bialatski as well as of all human rights defenders in Belarus;

ii.Put an end to any kind of harassment - including at the judicial level -against Mr. Valiantsin Stefanovich, Mr. Ales Bialatski as well as against allother human rights defenders;

iii. Release Mr. Ales Bialatski immediatelyand unconditionally since his detention is arbitrary as it seems to merely sanctionhis human rights activities;

iv.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, whichstates that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realization of humanrights and fundamental freedoms at the national and international levels”,

- its Article 6 (b) and(c), which states that “Everyone has the right, individually and in associationwith others […] as provided for in human rights and other applicableinternational instruments, freely to publish, impart or disseminate to othersviews, information and knowledge on all human rights and fundamental freedomsand [...] to study, discuss, form and hold opinions on the observance, both inlaw and in practice, of all human rights and fundamental freedoms and, throughthese and other appropriate means, to draw public attention to those matters”.

- and its Article 12.2,which provides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration” ;

Ensurein all circumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by the Belarusian Republic.

Addresses:

· President AlexanderLukashenko, ul .Karla Marksa, 38, 220016 Minsk, Belarus, Fax :

+ 375 172 26 06 10 or + 375 172 22 38 72, Email: contact@president.gov.by

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

· General Prosecutor,Grigory Alekseevich Vasilevich, Internatsionalnaya str. 22, 220050 Minsk,Belarus, Fax: + 375 17 226 42 52

· Minister of Justice ofBelarus, Mr. Viktor Grigorevich Golovanov, Ul. Kollektornaya,10, 220004 Minsk, Belarus, Email kanc@minjust.by

· President of the SupremeCourt of Belarus, Mr. Valentin Olegovich Sukalo, Ul. Lenina,28, 220030 Minsk, Belarus, Email: scjustrb@pmrb.gov.by

· Permanent Mission ofBelarus to the United 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 inBrussels, 192 avenue Molière, 1050 Ixelles, Belgium, Fax : + 32 2.340.02.87,Email : embbel@skynet.be

Pleasealso write to the diplomatic mission or embassy of Belarus in your respectivecountry.

***

Paris-Geneva,October 21, 2011

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

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