Few people gathered for the traditional action Chernobyl Way at the end of April. ‘The past rally can be called an action of recession’, said the head of the BPF Party Liavon Barshcheuski to journalists. Meanwhile, persecution of democratic activists is going on. Human rights defenders are of the opinion that only point changes have taken place. Minsk city executive committee banned holding of the action on the route that was proposed by its organizers. Democratic activists were detained in different regions of the country.

In particular, on 26 April in Vitsebsk activists of the civil campaign European Belarus, members of the Belarusian Christian Democracy Party and For Freedom movement hardly managed to start the action when Ales Halavan, Kastus Ivanou, Aliaksei Pialevich, Iryna Piatrova and Valer Ramanenka were detained by the police and guarded to the police station. The member of the Conservative-Christian Party Belarusian Popular Front Siarhei Kavalenka and the human rights defender Valer Misnikau were guarded to the police station as well, as ‘suspicious persons’. The activist of the European Belarus Yauhen Skrabets, who was going to Minsk, was preventively detained in Lida on 25 April. In Biaroza the police detained the journalist and human rights activist Tamara Shchapiotkina during the traditional commemorative action Candle of Memory.

On 16 April the riot police disbanded the action of solidarity with the repressed people and the families of the missing public and political activists. More than 50 people stood in Kastrychnitskaya Square for about 10 minutes, holding in their hands portraits of Vaukavysk entrepreneurs Uladzimir Asipenka, Mikalai Autukhovich and Yury Liavonau, who have been kept in custody since 8 February. The police warned through loudspeakers that the rally was unsanctioned and called on the present people to disperse. Then the policemen pressed the action participants out to Internatsyianalnaya Street with the use of physical violence. No one was detained.

The most considerable violations in April concerned the right to association. After the civil human rights-educational association For Freedom was registered on the fourth attempt, some other NGOs also submitted the necessary documents to the Ministry of Justice, also hoping to obtain the state registration. Meanwhile, the authorities are still keeping to their earlier practice – they refuse to register NGOs for wire-drawn or insufficient reasons. In particular, the Supreme Court did not grant the complaint of the founders of the civil human rights association Nasha Viasna against the refusal of the Ministry of Justice to register it. The Assembly of pro-Democratic NGOs was also denied registration. The situation with the Belarusian Christian Democracy Party is quite strange: at first the Ministry of Justice also refused to register it, but then suspended its own decision for unknown period of time.

On 23 April the Commissioner for External Relations and European Neighborhood Policy Benita Ferrero-Waldner stated at the press-conference in Brussels that Belarus can take part only in multilateral projects within the frames of the new policy of the European Union Eastern Partnership, as soon as there is no bilateral part. As said by her, the EU interacts with Belarusian NGOs and mass media. The European Commission has started consultations with the Belarusian authorities in such spheres as: transport, energy and climatic change. The European Commissioner stated that the proposal for Belarus about full membership in the European Neighborhood Policy remains in force, but certain conditions need to be implemented for it. ‘All of you know about our five recommendations to Belarus,’ she pointed. Bear in mind that in October 2008 the EU singled out five out of 12 recommendations as the basis for normalization of relations with Belarus: reform of the electoral legislation, ensuring of freedom of associations, creation of conditions for activities of NGOs, freedom of pres and abolishment of restrictions of personal liberties.

1. Administrative detentions and punishments to civil and political activists

On 4 April in Kobryn the police detained the local Young Front activist Andrei Veramyiuk, who, together with some friends, hung out a white-red-white flag on a building in the center of the city. The detainee was kept at the police station for 1.5 hours and was released without any reports composed. The white-red-white flag was removed by firemen in several hours.

On 16 April in Brest there were detained the participants of the Day of Solidarity Natallia Hahaliuk, Katsiaryna Ishchyk, Ilaryion Kasianchuk, Uladzimir Sheleh and Yauhen Skrabets, who were standing in the center of the city with the banner ‘Freedom to political prisoners’ and the flag of European Belarus. The police guarded the youth activists to the police station. There the judge of Leninski district court of Brest Larysa Nazarenka found them guilty under Article 23.34, part 1 of the Administrative Code (violation of the rules of holding mass actions) and fined each of them 70 000 rubles (about $25). The detainees had to spend the night before the trial in a remand prison.

On 23 April Leninski district court of Brest found the regional activist of the Young Front Mikhail Iliin guilty under Article 17.1 (disorderly conduct) and sentenced him to ten days of jail. ‘At the trial M.Iliin did not deny having put a toilet sink and four rolls of toilet paper to the monument of Lenin on 22 April at 11.45 a.m.’, said the human rights defender Raman Kisliak. The youngster said that in such a way he expressed his attitude to Communism and still existent cult of Lenin.

On 23 April the judge Brest oblast court Kunitskaya did not grant the cassation complaint of the civil activist Ryhor Hryk from Baranavichy against the verdict of Baranavichy and Baranavichy oblast court, according to which he had been fined under Article 23.34, part 2 of the Administrative Code for having allegedly organized a rally of entrepreneurs in January. However, it was proved that Mr. Hryk did not organize the rally and the violation report against him was drawn up in his absence.

2. Right to association

On 9 April the administration of the Assembly of pro-democratic NGOs received a letter from the Ministry of Justice with information about the registration denial. The ministry explained its decision not to register the organization with alleged violations during the establishment of the association. In particular, it was stated that the constituent agreement was invalid, because the heads of the member organizations signed it without the agreement of the governing organs of these public associations. The ministry also took the opinion that the name of the organization did not correspond to the legal requirements, because the subject of the activities of its members was not specified in the name. The Assembly representatives consider the registration denial politically motivated. ‘The constituent agreement about the establishment of the Assembly was signed by the heads of the member organizations after the assemblies of their organizations had empowered them to do it’, emphasized the lawyer Yury Chavusau. ‘The legal rules were observed, which is confirmed by the documents’. The Assembly of pro-democratic NGOs was founded by seven civil associations including the Belarusian Helsinki Committee, Center Supolnasts, BPF Adradzhenne, Center for Human Rights and three more organizations from Verkhniadzvinsk, Vitsebsk and Mahiliou.

On 30 April the members of the working group on establishment of the Assembly of pro-democratic NGOs Ales Bialiatski, Aleh Hulak and Siarhei Matskevich filed a suit to the Supreme Court, asking to find the registration denial unlawful.

The head of the Working Group of the Assembly Siarhei Matskevich reminded that it is the repeated refusal to register the Assembly: the first registration attempt was made in 2002 and the Ministry of Justice answered 1.5 years after the documents for registration had been submitted. At present the complaint against non-registration of the Assembly in 2002 is at the UN Human Rights Committee.

On 15 April the administration of the organizing committee of the Belarusian Christian Democracy Party also received registration denial. The alleged reason is the non-compliance of the documents to the questioning of the founders that was held by the Ministry of Justice. The constituent assembly of the party was held at the end of February. After the registration documents had been submitted to the Ministry of Justice, representatives of the ideological departments, KGB and the police officers started phoning to the founders. Some of the people were threatened with dismissal from job unless they refused from their signatures. It is quite interesting that the check-up of the documents of the BHD founders was conducted by the deputy minister of justice Aleh Slizheuski, who signed the registration denial.

However, on 16 April a representative of the Ministry of Justice phoned to the BHD founders and said that the decision on non-registration of the party was suspended, allegedly in connection with a number of addresses of the BHD founders and receiving the information that influenced the decision on the state registration of the party. The final decision will be allegedly taken after checking the received information.

On 22 April Leninski district court of Mahiliou turned down the complaint of the trade union of radio-electronic industry and other branches of national economy against unlawful actions of Mahiliou city executive committee. The reason for the suit is the refusal of Mahiliou CEC to register Mahiliou city organization of the trade union. The officials stated that they decided not to register the trade union because the members of the trade union worked in different branches of national economy. The judge Yuliya Trapynina took the side of the CEC and turned the complaint down. Members of the trade union organization are going to appeal against the court verdict at a higher instance. Similar trials are to take place in Vitsebsk and Homel, where the authorities also refused city organizations of the trade union.

3. Politically motivated criminal cases

On 8 April the International foundation for the protection of human rights defenders Front Line addressed the president of Belarus in connection with criminal persecution of the human rights defender Leanid Svetsik. Front Line believes that the legal proceedings against Mr. Svetsik are unfounded and related to his legitimate and peaceful human rights work. That’s why Front Line urges the authorities to immediately drop the charges against the human rights defender Leanid Svetsik; guarantee the physical and psychological integrity of Leanid Svetsik; ensure that all human rights defenders in Belarus, carrying out their legitimate work in the defense of human rights, can exercise their right to freedom of expression and association, and are able to operate free of restrictions and reprisals, including judicial harassment.

On 14 April, on the eve of consideration by the parliament of the draft law on amnesty, young activists held an action near the House of the Parliament in Nezalezhnastsi Square, demanding parole to participants of the ‘process of 14’. In about ten minutes the police detained Palina Dziakava, Uladz Ihnatovich, Marta Krylova, Aleh Ladutska, Aliaksei Liaukovich, Katsiaryna Stsepaniuk, Pavel Yukhnevich and Maxim Viniarski. The activists were guarded to Maskouski district police department. There the police officers put down their personal data and let them go. ‘We tried to turn the attention of the parliament to the fact that participants of the ‘process of 14’ could be granted parole if their article was included in the law on amnesty, and the parliament had a means to do it without losing its face,’ said the activist of European Belarus M.Viniarski.

Meanwhile, the leader of Young Democrats Mikhail Pashkevich stated that the participant of the ‘process of 14’ Tatsiana Tsishkevich was declared wanted. He found it from an investigator of the criminal-executive inspection of Frunzenski district of Minsk. At present Tatsiana studies in Poland.

The participant of the ‘process of 14’ Alexander Barazenka filed a complaint to the prosecutor’s office against the unlawful actions of the officer of the criminal-executive inspection of Frunzenski district of Minsk Siarhei Kisel. As said by the youth activist, at the end of March he had to move from Minsk to Pinsk after he had been beaten by the police inspector and received the second warning for violation of the regime of penalty. ‘I could not stay in Minsk any longer, because I understood that only one step was left to the third warning, after which I could be imprisoned. In Pinsk there’s a completely different attitude to me. There is no such biased attitude from the side of the inspector, as it was in Minsk. At present I am busy looking for a job,’ said A.Barazenka.

4. Persecution of civil and political activists

Savetski distict prosecutor’s office of Minsk gave a negative reply to the joint application of the Young Front activists Zmitser Dashkevich, Mikola Dzemidzenka, Vadzim Khaniauka and Pavel Kuryianovich about bringing of a criminal case on the fact of beating of participants of the procession dedicated to St. Valentine’s Day. In the letter it was stated that legal proceedings were not brought on the basis of Article 29, part 1, paragraph 1 of the Criminal Code – ‘because of absence of socially dangerous action’. The Young Front activists intend to appeal against the refusal at higher court instances.

On 17 April the judge of Pershamaiski district court of Minsk Natallia Petukh turned down the complaint of the Young Front activist Zmitser Khvedaruk against the unlawful actions of military officers during the drafting. The youth activist was guarded to the court from hospital by an officer. At the trial the representative of the medical commission Alexander Valoshyn did not deny that Mr. Khvedaruk was ill, but insisted that with such bunch of diseases he could serve in the army – with limited physical exercise. Z.Khvedaruk said that he had spent almost all of the last 2.5 months in medical institutions. ‘At present I am getting medical treatment at the medical company in Pechy. In fact, during the whole time of my army service I haven’t implemented my functional duties even once – I have never been in a duty detail or on the guard. I haven’t done anything useful except for peeling potatoes.’

5. Incarceration conditions in penitentiary institutions

On 16 April Vaukavysk entrepreneur Mikalai Autukhovich, who has been kept in the remand prison since 8 February on accusation in arson, declared an indefinite hunger-strike. According to his lawyer Pavel Sapelka, this is the only legal action that he could take in prison to protest against the unlawful actions of the investigative organs and absence of prosecutorial supervision of the investigation of his case. M.Autukhovich emphasizes that during the two months of imprisonment no investigative actions have been conducted with him. The investigators question his acquaintances, but not concerning the arson, but about keeping the arms, preparation of explosions in Hrodna oblast and destruction of property. Some of the witnesses are psychologically pressurized into giving false testimonies.

6. Right to peaceful assemblies

On 14 April the activists of the civil campaign European Belarus Zmitser Barodka and Maxim Siarheyeu applied to Minsk city executive committee for authorization of a picket on 1 May, at which they intended to collect signatures for joining of Belarus to the EU. They received a negative answer, signed by the deputy head of Minsk city executive committee M.Tsitsiankou. The official stated that such action did not correspond to parts 5 and 6 of Article 5 of the law of the Republic of Belarus On mass actions in the Republic of Belarus. Meanwhile, the fifth part of Article 5 of the law On mass actions has not been published, and could not come into force without it. ‘The ban of the action shows that the hysteria of the state media concerning the so-called liberalization and closer relations with Europe is just a farce. The authorities need no movement towards Europe. Freedom of peaceful assemblies, freedom expression and freedom of associations are still violated in Belarus. We still have political prisoners. Nevertheless, despite all prohibitions, the campaign is going on. Tens thousands of signatures for joining Belarus to Europe have been collected already,’ commented the activist of the European Belarus Zmitser Barodka.

The 5th Congress of the World Alliance of Belarusians Batskawshchyna is in danger of cancellation. The organizers received refusals to lend premises from 17 organizations. ‘The official reason for the refusals is ‘repairs’. In particular, in July there will be repairs at the Culture House of Trade Unions, Minsk cinema, the House of Culture of Minsk Automobile Plant and at the hall of Minsk State Linguistic University. There are fire security problems at the House of Officers. The leaders of Batskawshchyna believe that such ‘repairs epidemic’ shows the political decision of the authorities to disrupt the congress.

On 30 April the judge of Baranavichy and Baranavichy district court Mikalai Silmanovich turned down the complaint of the human rights defender Siarhei Housha, the lawyer Karnei Piatrovich and the member of For Freedom movement Viktar Syrytsa, who stated that the ruling About the rules of holding mass actions in the city of Baranavichy, adopted by Baranavichy CEC on 17 January 2006, violated the Constitution, the law On mass actions and the International Covenant on Civil and Political Rights. However, they received a short answer to their well-argued application: ‘The ruling of Baranavichy city executive committee of 17.01.2006 #4 About the rules of holding mass actions in the city of Baranavichy is in line with the law, and your application is considered as groundless’. The democratic activists intend to appeal against the court decision at higher court instances.

7. Freedom of expression and the right to disseminate information

On 16 April the independent photo correspondent, member of the Belarusian Association of Journalists Uladzimir Hrydzin was taking photos of Pershamaiski district police department of Minsk after a fire that had happened there. He was almost immediately seized by people in mufti. They twisted his arms, took away the camera and hit several times in stomach with knees. They guarded him to the police station and deleted all photos from the camera. Then the journalist was let go. The offenders ignored his demands to introduce themselves. In connection with this incident BAJ addressed the prosecutor’s office with the request to conduct a check-up and take the appropriate measures of prosecutorial reaction towards the protractors.

The prosecutor’s office found no violations in the actions of Babruisk town executive committee. The complaint was submitted to the prosecutor’s office on 18 December 2008. There Mr. Sanatsenka stated that some of the state officials systematically violated the freedom of mass media and the rights of the editorial office. He also attached to the complaint a number of documents witnessing the violations, including creation of obstacles to distribution of the edition, accreditation denials and restriction of access to information. The plaintiff believes that by their actions the state officers grossly violated the law on mass media and Article 198 of the Criminal Code (‘creation of obstacles to the lawful professional activities of a journalist’). Nevertheless, the senior investigator of Leninski district prosecutor’s office of Babruisk Siarhei Sharamet came to the conclusion that there was no corpus delicti in the actions of the local authorities. Besides, on 10 April the editorial board received a letter signed by the head of Babruisk communications center Nina Sheleh. There it is said that the agreement for the sale of Babruiski Kuryer is cancelled since 1 May. A.Sanatsenka considers it as a result of the complaint against the actions of the local authorities.

According to BAJ, at present obstacles to distribution of non-state press are created in many parts of Belarus. The worst situation is observed in Babruisk, Barysau and Baranavichy.

8. Activities of security services

On the eve of the anniversary of Chernobyl accident, on 24 April Hrodna democratic activist and human rights activist Viktar Sazonau was guarded to Hrodna oblast KGB department and familiarized with his dossier. KGB officers warned V.Sazonau about the possible consequences in the case of continuation of oppositional activities and made him sign that he was familiarized with Article 342 of the Criminal Code (organization or active participation in group actions that grossly violate the civil order).

On 29 April in Hrodna KGB officers detained the member of the BAJ, journalist Ivan Roman, who is also a correspondent of Radio Liberty and Magazyn Polski that is issued by the disgraced Union of Poles in Belarus. The journalist was officially warned about inadmissibility of illegal activities. ‘I was told that I could write only positive things, and if I give negative information – it will be considered as discredit of the Republic of Belarus in foreign media,’ said Ivan Roman. Last year the journalist received a similar warning from the prosecutor’s office.

On 23 April unknown people in mufti came to the factory, where the activist of the Young Front Anton Rusin worked. They asked him about the activities of the organization, its leaders and the march For Freedom!, prepared by the Young Front. The activist refused to answer their questions.

9. Politically motivated dismissals from jobs and expulsions from educational establishments

Ales Mekh, who had been running for the parliament at the last elections, received a negative answer from the Supreme Court concerning the unlawful dismissal from job during the electoral campaign. At present he cannot find a job in Kobryn and Kobryn district, though he is a good specialist and has two higher educations. Now Mr. Mekh intends to complain to the UN Human Rights Committee.

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