Observatory for the Protection of Human Rights Defenders Annual Report 2007 - Belarus

Political context

In 2007, the authoritarian regime of President Aleksandr Lukashenko continued to repress all those who fight for democracy and respect of human rights in Belarus. According to the Human Rights Centre "Viasna", 617 people were arrested and prosecuted for having participated in demonstrations. As in 2006, many demonstrations were violently repressed, and demonstrators were beaten by the police and then arrested. In addition, the Belarusian authorities did not hesitate to dismiss or exclude several defenders from the universities.

Freedom of expression was also hindered and the authorities repressed political opponents, in particular through administrative arrests followed by sentences of several days of imprisonment. Furthermore, several political opponents continued to serve long prison sentences.

Impunity remains widespread, particularly with regard to the lack of progress concerning the investigations into the disappearances of political opponents in 1999-2000,¹ and the possible involvement of high-ranking State officials in these activities. Furthermore, after the adoption of sanctions in April 2006, which were motivated by massive violations of human rights and the rule of law in Belarus – in particular after a referendum to amend the 2004 Constitution to allow the President to run for a third term – the serious irregularities which marked the 2006 elections and also the alarming situation of political opponents, the European Union extended sanctions in April 2007 against several Belarusian officials by extending a ban on their access to European territory and by freezing their funds. Similar sanctions were also taken by the United States.

Belarus remains the last country in Europe to impose the death penalty. While the number of convictions and executions has not been made public, communications from the Department of Justice suggest that, in 2007, at least four people were sentenced to death.

Finally, political control over the institutions is almost absolute, and the judiciary and legislature are entirely subordinate to the executive branch. Moreover, the Committee on State Security (KGB) closely follows the activities of NGOs under the pretence of "state ideology," a doctrine that is taught in universities and is even imposed on businesses. In this context, the promotion of democratic values by Belarusian defenders has generally earned them accusations of bias by the authorities, who tend to present their actions as being "politically motivated".

Continued refusal to legal recognition of human rights organisations

In 2007, the Belarusian authorities continued to refuse the registration of human rights organisations, thus maintaining them in a situation of illegality. This considerably reduces the scope of these organisations and compromises their effectiveness. Moreover, the absence of registration leaves open the possibility that members of these NGOs be threatened with criminal prosecution at any time for "working within the framework of an unregistered organisation" (Article 193 of the Criminal Code). In 2007, the Belarusian Helsinki Committee remained the only human rights NGO to have a legal status. Registrations were rejected under false pretences, as was the case with the association "Liquidator", which defends the rights of the persons employed to seek remedies after the Chernobyl disaster who were subjected to radiations in the framework of their job, as well as the "For Freedom" association.

More generally, Belarusian authorities have continuously failed to comply with their obligations under the international human rights instruments that they have ratified. In July 2007, the United Nations Committee on Human Rights examined the case of the Human Rights Centre "Viasna", which was dissolved in 2003, and urged the Belarusian authorities to register the organisation and to take action to stop violations of freedom of association.² Despite this decision, the Department of Justice refused to re-register Viasna in August 2007, a decision that was upheld on appeal by the Supreme Court in October 2007.

Preventive arrests on the eve of protests: a new legal "weapon" against human rights defenders

As in 2006, the situation of human rights deteriorated in 2007, both on the occasion of local elections in January 2007 and during major protests. The year 2007, however, has been marked by the use of a new method of repression against human rights defenders: preventive arrests of supporters on the eve of protests, followed by short-term sentences of detention, which seriously hampered their activities in observing these events. In January 2007, Mr. Pavel Levinaú, a member of the Belarusian Committee of Helsinki, was arrested on the eve of local elections; he was a key organiser of the observation campaign in Vitebsk. Similarly, on the eve of demonstrations on March 25, 2007 to celebrate the anniversary of the proclamation of the People's Republic of Belarus, Mr. Vladimir Vialitchkin and Mr. Valery Poutitsky, members of Viasna, were arrested in Brest and Retchitsa, respectively. They were placed in preventive detention, charged with "hooliganism" and fined. In October 2007, on the eve of the "European March" demonstration in support of Belarusian solidarity with European countries, calling for greater respect for human rights, numerous people were arrested, including members of Viasna, the "For Freedom" association, and the Polish Union of Belarus. All of these preventive arrests were followed by administrative sentences.

Ban on demonstrations in support of human rights

Freedom of assembly in Belarus continued to be severely hindered, as the authorities systematically prohibited demonstrations under false pretences, generally by evoking the difficulty to "maintain public order". In August 2007, authorities in Grodno forbade Mr. Raman Yourgel and Ms. Sviatlana Roudkoúskaïa, members of the Belarusian Helsinki Committee, to organise a demonstration for the release of political prisoners. Besides, on September 23, 2007, the local branches of Viasna in Baranovichi, Vitebsk, Brest and Orsha were denied the right to organise a celebration of the anniversary of the Universal Declaration of Human Rights.

Administrative sentences

While in 2006 many defenders were sentenced to imprisonment by criminal courts, no Belarusian defender was sentenced in 2007, as these convictions were doubtlessly considered too high-profile and thus guaranteed to evoke strong reactions from the international community. The strategy therefore focused on using articles of the Administrative Code against defenders, such as those relating to "hooliganism", "abuse in a public place" or "insulting a state officer". Consequently, the overwhelming majority of arrests of defenders in 2007 were followed by fines and sentences of imprisonment not exceeding 15 days, with the majority of accusations entirely fabricated, and a conviction based solely on testimony from the police officers who had arrested these defenders.

The Observatory for the Protection of Human Rights Defenders is a joint programme of the World Organisation Against Torture (OMCT) and the International Federation of Human Rights (FIDH).

1 Mr. Viktor Gontchar, a politician member of the opposition, and Mr. Anatoli Krassovsky, a businessman, disappeared on September 16, 1999. Mr. Yuri Zakharenko, former Minister of the Interior who joined the opposition, was abducted on May 7, 1999, and Mr. Dmitry Zavadsky, journalist and former cameraman for President Lukashenko, disappeared on July 7, 2000.

2 See Communication n° 1296/2004 of the United Nations Committee on Human Rights, July 24, 2007.