Belarus: Trade Union leaders found guilty of tax evasion after a sham trial
| Publisher | International Federation for Human Rights |
| Publication Date | 24 August 2018 |
| Cite as | International Federation for Human Rights, Belarus: Trade Union leaders found guilty of tax evasion after a sham trial, 24 August 2018, available at: https://www.refworld.org/docid/5bc83c96a.html [accessed 18 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
24/08/2018
Press release
Paris-Geneva – Henadz Fiadynich and Ihar Komlik have been found guilty of tax evasion charges today by the Saviecki District Court of Minsk. Charges were brought against them a year after the trade union helped to mobilize protests against Presidential Decree No. 3 that established a fee on the unemployed. The Observatory's judicial observation mission reports that the politically motivated trial fell well short of providing the essential fair trial guarantees to the defendants and calls for their conviction to be quashed.
The trial started on July 30, 2018, and took place in the Saviecki District Court of Minsk before Judge Maryna Fiodarava. Messrs. Henadz Fiadynich and Ihar Komlik, respectively Chairman and Chief Accountant of the Belarusian Independent Trade Union of Radio and Electronic Industry Workers (REP), were charged under Article 243.2 of the Criminal Code for "Tax evasion on a large scale". The latter provision was previously used to prosecute Chairman of the Human Rights Centre "Viasna" Ales Bialiatski, who spent three years in prison in 2011-2014. The UN Human Rights Committee found his imprisonment arbitrary since national legislation and decisions of the Belarusian authorities made it impossible for "Viasna" to operate legally in Belarus. Legislation abusively restricting the operation of civil society organisations remains in force to date, forcing many organisations to register abroad.
The government's complaint charged that between 2011 and 2012, Messrs. Fiadynich and Komlik conspired to receive transfers of foreign funding into a bank account in Vilnius, Lithuania, and to withdraw and transport cash back to Belarus with the help of co-workers and colleagues, without having reported these receipts to the authorities.
Today the Court issued its judgement, finding the defendants guilty of all charges and sentencing them to 4 years of restriction of liberty without imprisonment.
Trial observation revealed major flaws in the conduct of pre-trial investigation and proceedings. During the trial, at least six of the witnesses examined by the parties complained that their pre-trial statements were procured through threats, intimidation and other pressure exerted by State agents during initial questioning. While Judge Fiodarava ordered an investigation of these allegations mid-way through the trial, this inquiry lacked independence and thoroughness capable of effectively determining any wrongful conduct on behalf of the authorities.
Moreover, the prosecution's case was built around key pieces of evidence, including unauthenticated bank records from a Lithuanian bank, and information about the bank account and cash flows from foreign organisations procured using an unknown email account. State witnesses refused to provide any specific information regarding how this evidence was collected, referring in general terms to the course of 'investigative work.' These facts weigh heavily against the lawfulness and reliability of such evidence, as well as the ability of Messrs. Komlik and Fiyadynich to prepare an adequate defense.
The Observatory believes that these actions by the authorities violate Belarus' obligations under international human rights law and its own Constitution, and that the convictions should therefore be overturned on appeal.
