Possible ''Disappearances'' — Dmitry Zavadsky
AI learned in May that several past and present members of the
elite Almaz police unit were being held in custody, charged in connection
with the kidnapping and possible murder of Russian Public Television
(ORT) cameraman Dmitry Zavadsky. Valery Ignatovich, Maksim Malik,
Aleksey Guz and Sergei Savushkin were expected to come to trial
at Minsk Regional Court in July. In contravention of various international
human rights standards the trial was reportedly going to be held
behind closed doors.
Dmitry Zavadsky went missing on the morning of 7 July 2000, after
he drove to a Minsk airport to meet a journalist colleague, Pavel
Sheremet, who was arriving on an aeroplane from Moscow (see AI Index:
EUR 01/001/2001). Even though Dmitry Zavadsky's car was found parked
at the airport no trace has ever been found of the 27-year-old cameraman.
Dmitry Zavadsky's wife, Svetlana, informed an AI delegation in March
that she and their young son have received no word from him since
his whereabouts became unknown.
The investigations into the apparent ''disappearance'' of Dmitry
Zavadsky as well as the other missing opposition leaders Yury Zakharenko,
Viktor Gonchar and his companion Anatoly Krasovsky have been cloaked
in controversy, eliciting domestic and international criticism relating
to their perceived transparency and impartiality (see AI Index:
49/002/2001). In March, the Parliamentary Troika, composed of members
of the European Parliament and the Parliamentary Assemblies of the
Council of Europe and the Organization for Security and Co-operation
(OSCE) in Europe, which had visited Belarus from 5 to 7 March, also
expressed ''... its continuing concern about the human rights situation''
and particularly ''... at the lack of progress in investigating
the disappearances of political opponents, Mr Zakharenko, Mr Gonchar,
Mr Krasovsky as well as the journalist Mr Zavadsky'' (11).
Toward the end of the period under review there were reports that
two officials of the Prosecutor General's Office, Dmitry Petrushkevich
and Oleg Sluchek, assigned to investigate the possible "disappearances",
fled to the USA in June, where they obtained asylum. They alleged
that officials in President Lukashenka's immediate circle of appointees
had employed the elite Almaz police group to eliminate a number
of Belarus' opposition. The missing men are reportedly buried in
a graveyard to the north of the capital, Minsk.
Prisoner of conscience — Professor Yury Bandazhevsky
On 18 June 43-year-old Professor Yury Bandazhevsky was sentenced
by the Military Collegium of the Belarusian Supreme Court in Gomel
to eight years' imprisonment in a strict penal colony with confiscation
of property for allegedly taking bribes from students seeking admission
to the Gomel Medical Institute, of which he is the former rector
(see AI Index: EUR 49/008/2001). AI believes that his conviction
is related to his outspoken criticism of the Belarusian authorities'
reaction to the Chernobyl nuclear reactor catastrophe of 1986, and
considers him to be a prisoner of conscience.
International and domestic trial observers considered not only that
the basis of Yury Bandazhevsky's conviction appeared extremely weak,
but also that his right to a fair trial had been repeatedly violated.
The Advisory and Monitoring Group of the OSCE in Belarus, which
had observed the entire duration of the trial, noted eight different
infringements of the Belarusian Criminal Code during the pre-trial
investigation and trial. These included the violation of Yury Bandazhevsky's
right to defence, as he was denied access to counsel during the
entirety of his six months in pre-trial detention. At the time of
writing Yury Bandazhevsky was imprisoned at the UZ 15/1 prison in
Minsk, where he was being held in a dormitory-type prison cell with
around 150 other prisoners, sleeping in three-tiered bunk beds.
The release of prisoner of conscience. Vladimir Koudinov
On 5 February prisoner of conscience Vladimir Koudinov was released
in an amnesty after serving four years' in prison. He was originally
sentenced to seven years' imprisonment in August 1997 on the charge
of allegedly bribing a police officer (see AI Index: EUR 49/14/00).
As a deputy of the dissolved Belarusian parliament, the 13th Supreme
Soviet, Vladimir Koudinov had taken an active role in attempting
to impeach President Alyaksandr Lukashenka for dissolving parliament
in November 1996. AI believed that he — like other deputies of the
13th Supreme Soviet — had been imprisoned for his opposition activities.
In early March he informed an AI delegation visiting Minsk about
the egregious conditions of his detention and how he felt that he
had been adversely treated by the prison authorities on account
of his political status.
Human rights defenders
For 12 days at the end of February and the beginning of March an
AI delegation visited the Belarusian cities of Brest, Gomel, Minsk,
Mogilov and Vitebsk, conducting interviews with a range of human
rights defenders. The report of the visit, In the Spotlight of the
State: Human Rights Defenders in Belarus (AI Index: EUR 49/005/2001)
highlights the considerable obstacles faced by individuals engaged
in human rights defence and promotion in Belarus.
Prisoner of conscience — human rights defender Valery
Schukin
On 12 June 60-year-old Valery Schukin the veteran human rights
defender, independent journalist and member of the dissolved Belarusian
parliament began a three-month prison sentence. He was convicted
by Minsk City Court on 17 April for his role in organizing the October
1999 pro-democracy Freedom March, and for alleged hooliganism relating
to an incident which occurred on 16 January, when police officers
refused him entry to a press conference given by the Minister of
the Interior, Vladimir Naumov, in Minsk. A struggle reportedly ensued
between the human rights activists and guards policing access to
the conference, who violently forced him to the ground. In early
July Valery Schukin was transferred to Zhodino prison where prison
officials allegedly forcibly shaved off his long beard using a blunt
razor.
New legal restrictions of the rights to freedom of
association and assembly
AI expressed concern about the introduction of two presidential
decrees, apparently designed to hamper the peaceful protest activities
of Belarus' opposition in the run-up to the presidential election,
planned for 9 September. On 14 March President Alyaksandr Lukashenka
issued the decree ''Several Measures on Improving Distribution and
Use of Foreign Humanitarian Aid'', which effectively prohibited
the use of foreign funding for pro-democracy purposes. The decree
prevents foreign monetary and non-monetary aid given to non-government
organizations (NGOs) and political parties from being used for a
broad range of activities, including the organization and monitoring
of elections and various protest actions. NGOs will run the risk
of incurring fines and closure if they violate the broadly-sweeping
legislation.
On 11 May Presidential decree, ''On Certain Measures to Improve
Procedures of Holding Meetings, Rallies, Street Processions, Demonstrations
and other Mass Actions and Pickets'', also came into effect, which
imposes new restrictions on the right of freedom of assembly. Under
the decree the body organizing a sanctioned event will be held entirely
responsible for the action and may be fined or de-registered if
public order is deemed to have been violated.
Arbitrary detention of Zubr human rights activists
During the period of review a significant number of activists of
the newly emerged youth pro-democracy and human rights organization,
Zubr, served periods of imprisonment after being arrested on account
of their peaceful protest activities. On 5 March three Zubr activists
were detained outside the Presidential Administration Building in
central Minsk for protesting against the spate of possible ''disappearances''
in Belarus. One of the three youths, Anton Telezhnikov, was sentenced
to 15 days' imprisonment. AI considered him to be a prisoner of
conscience.
In the early hours of 5 April four Zubr activists, Aleksey Shidlovsky,
Timofey Dranchuk, Dmitry Drapochko and Ales Apranisch, were detained
in Minsk for allegedly spray-painting on the wall of a factory:
''Where is Gonchar? Where is Zavadsky? Where is Zakharenko?''. They
were released late the following day and were allegedly not given
prompt access to a lawyer. The youths are currently facing criminal
charges and were expected to be tried later in 2001. In February
1998 Aleksey Shidlovsky was sentenced to 18-months' imprisonment
for a similar offence and was adopted by AI as a prisoner of conscience.
On the same day, another Zubr youth activist, Nikita Sasim, was
reportedly detained in the town of Baranovichi, south-west of Minsk,
by two police officers for writing the word 'Zubr' on walls. He
was held overnight. According to the human rights organization Spring-96,
the police officers beat the handcuffed youth and poured paint over
his head. During his interrogation on 6 April the police officers
allegedly forced the youth to the floor of the prison cell and threatened
to torture him with electric shock treatment. He was released later
that day when his mother collected him from the Moskovsky District
Department of Internal Affairs, where he was being held.
On 21 April 33 young people were detained during a peaceful anti-presidential
event in Gorky Park in Minsk. A number of the detainees alleged
that police officers used excessive force to detain them or otherwise
ill-treated them. Fourteen of the 33 youths remained in detention
at Okrestina detention centre in Minsk until 25 April when they
were brought before a court, which sentenced them to three days'
imprisonment. Having remained in Okrestina detention centre since
21 April they were allowed to go free. Participants Sergei Pyanukh
and Valery Zherbin were later sentenced to 10 days' imprisonment
in May. AI considered them to be prisoners of conscience.
In the period under review AI learned of significant numbers of
other pro-democracy and human rights activists who were arbitrarily
deprived of their liberty. On the peaceful Day of Freedom demonstration
on 25 March around 15 demonstrators were detained in Minsk for organizing
or participating in an unsanctioned demonstration. While most of
the detainees escaped imprisonment with a fine, several others including
20-year-old Dmitry Chubarenka, Spring-96's Ales Byalytski and Vincuk
Via…orka were subsequently sentenced to between 10 and 15 day terms
of imprisonment. AI considered them to be prisoners of conscience.
In the morning of 18 May, police officers reportedly detained approximately
30 protestors outside the Palace of the Republic building in Minsk.
The protestors - who belonged to the Belarusian Conservative Christian
Party - reportedly carried posters of the men who have apparently
''disappeared''. Other protestors reportedly held placards and distributed
leaflets contesting the proposed union of Belarus with Russia. Plain-clothes
police officers are alleged to have used force to disperse the peaceful
protestors and ill-treated a number of them, resulting in one man,
Vladimir Yukho, suffering a broken arm and another man reportedly
experienced severe heart problems. Throughout the day and evening
plain-clothes police officers reportedly detained other peaceful
protestors from the Youth Front of the Belarusian Popular Front
and the United Civic Party. Both groups of protestors lined Minsk's
main thoroughfare, Prospect Frantsysk Skaryna, at different times
of the day holding placards of the missing opposition figures. The
plainclothes police officers reportedly detained around a dozen
protestors, seven of them youths, one of whom was allegedly seriously
beaten.
Possible harassment of opposition family members
The sons of two of President Alyaksandr Lukashenka's political
opponents were arrested in the period under review. AI is concerned
that the two men may have been deliberately targeted by the Belarusian
authorities in order to put pressure on their families. Former prisoner
of conscience Mikhail Chigir's son, Alyaksandr Chigir, was arrested
on 10 February, accused of dealing in stolen motor vehicle parts.
Members of Belarus' opposition have stated that the arrest was to
put pressure on Mikhail Chigir, who had planned to stand as a candidate
in the 2001 presidential elections. Since his arrest he has been
held in pre-trial detention, reportedly sharing his cell with 26-year-old
Sergei Vinnikov, son of the former Chairperson of the Belarusian
National Bank, Tamara Vinnikova, who escaped to Britain from under
KGB house arrest in April 1999. Her son was reportedly charged with
the possession of drugs on 21 March and remains in pre-trial detention
in Minsk.
Freedom of the media
AI continued to receive reports about the harassment and intimidation
of Belarus' community of independent journalists. The offices of
several independent newspapers were raided by the tax officials,
including Borisovskie Novosti on 16 March and Nasha Svaboda on 19
June. The home of the Den and Belarusky Chas journalist, Sergei
Anisko, were also raided by police on 20 June. Individual newspaper
vendors selling the independent press reportedly suffered newspaper
confiscations. In the first six months of 2001 particular concern
was also expressed about the draft law, Law on Information Security,
which — if adopted in its draft format — would confer on the Belarusian
authorities a range of powers by which to censor the media and stifle
media freedom.
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