On March 11, 2012, the deputy head of the Human Rights Center "Viasna" Valiantsin Stefanovich didn't manage to come to Lithuania. He was stopped by border guards at the crossing point "Kamenny Loh" and told that foreign travel restrictions were applied towards him.
However, the human rights defender received no explanations. On March 7 officers of this crossing point didn't let out the head of the United Civil Party Anatol Liabedzka, on March 10 – the head of the Belarusian Leftist Party "Fair World" Siarhei Kaliakin and activist of the movement "For Freedom" Viktar Karniayenka. Bear in mind that in the beginning of March the web-portal tut.by stated that the Belarusian authorities were considering the possibility of introducing foreign travel restrictions towards the people who directly called to introduce sanctions against Belarus. According to that information, the preliminary list contained 108 surnames. This is the way the Belarusian regime reacts to the extension of the list of Belarusian officials falling under visa restrictions and freezing of assets in the EU.
Valiantsin Stefanovich, deputy chair of the Human Rights Center “Viasna” has received copies of court rulings ordering to execute the decision by Minsk Partyzanski District Court of 16 December 2011.
Under the decision, the human rights defender is to pay over 31 mln. belarusian roubles of income tax, 22 mln. of fine and 2 mln. of state duties (total 5300 euros). In case of failure to pay the sum within seven days, the human rights defender may face compulsory measures, including confiscation of property.
On February 13, the Minsk City Court upheld the verdict issued to the to the deputy-head of the Human Rights Center “Viasna” Valiantsin Stefanovich by the Partyzanski District Court of Minsk.
According to the Partyzanski District Court, on December 16, 2011 Mr. Stefanovich was found guilty of tax evasion and sentenced to pay 54,357,370 rubles as the tax for allegedly concealed income, and 2,717,870 rubles as the court fee. The panel of judges of the Minsk City Court considered the appeal and decided to leave the verdict of the court of the first instance in force. Human rights defender Valiantsin Stefanovich is convinced that his case is a continuation of the persecution of the Human Rights Center “Viasna”, including the imprisonment of ales Bialiatski for human rights activities and support to political prisoners, monitoring of elections and the campaign against the death penalty. He also reminded about the evident traits left by KGB in the materials of criminal case against Ales Bialiatski. Somewhat earlier, on December 24, 2012, the Minsk City Court considered the appeal against the verdict to the head of the HRC “Viasna” Ales Bialiatski (sentenced to 4.5 years in high-security prison with confiscation of property) and left the verdict unchanged. The essence of the charges to Ales Bialiatski is alleged concealment of his personal income, received in 2007-2010 to his bank accounts in Lithuania and Poland, which resulted in the non-payment of 352,274,360 rubles of income tax. Valiantsin Stefanovich assures that the Human Rights Center “Viasna” is not going to stop its activities.
The Human Rights Center "Viasna" has been working without its leader, Ales Bialiatski, for six months already. The human rights activist was detained on 4 August 2011, and sentenced to 4.5 years in maximum security colony with confiscation of property on 24 November.
Isolation of the head of the human rights organization investigations, interrogations of members of the organization and the trial added to worries and anxieties of the center’s staff. However, the activity of "Viasna" is not substantially affected, since the members of the organization have not succumbed to confusion and continued their work. How is “Viasna” working today, without its permanent leader and inspirer of Ales Bialiatski? What are the thoughts and hopes of “Viasna” members? Members of the Human Rights Center have. Valiantsin Stefanovich, Deputy Chairperson of the Human Rights Center "Viasna":
- On the one hand, our work has changed during this time, on the other - has not changed. "Viasna" continues to work actively at the international level with various UN agencies (the Human Rights Committee, the Committee on Torture), structures of the European Union and the Council of Europe, as well as with other human rights organizations. It has changed because the question of Ales Bialiatski was added to our habitual activities. We paid much attention to it. We had a number of serious meetings at different meeting. For instance, with the EU Commissioner Fule we talked about the situation in Belarus in general and the situation with Bialatski Ales in particular for about 4 minutes.. I think that the intensity of our work does not decrease, but now it has one more dimension – the case of Ales Bialiatski. Of course, we always talk about such painful issue as existence of political prisoners in Belarus when talking about this criminal case. Tatsiana Reviaka, member of the Council of the HRC “Viasna”: - For me it is very important that after the arrest of Ales Bialiatski. "Viasna" continues to work at full strength - none of “Viasna” members left the organization or gave up human rights activism. This is true for all our activities and all spheres where we operate. I think that that is exactly what Aliaksandr had in mind when the court said: "Long live “Viasna”!" and heard the same response. Arrest Ales further consolidated "Viasna" members and showed once again that "Viasna" is an organization of like-minded people who consciously work for human rights, understanding the threats and challenges of our time. I am very proud of my colleagues and the fact that I belong to this community. For me personally, the arrest of Alesia was a severe blow, but it was not unexpected. Now we are separated by bars and prison walls, but we remain friends and colleagues, though we can contact each other only through correspondence. Of course, it is difficult without Ales, I am anxious about him, for his health, and also admire his courage and fortitude. Alena Laptsionak, a member of the HRC “Viasna”: - Speaking about my emotional state, I must confess that until the last moment I did not believe in the possibility of a prolonged seizure of Ales and such a hard sentence. It’s not because I believe in justice or thought too good about our authorities, but just because it seems to be easier not to thing about the worst and not to wait for it. The more that “Viasna” has worked without registration for so many years, and all dangers passed it by: it was getting stronger and stronger, getting more and more international prestige. On the other hand, I personally recorded interviews with Ales during the previous years and asked questions like “Aren’t you afraid of persecution?" and foresaw the answer that the choice has been made and the price doesn’t matter, though it could sound a bit pathetic at that time. Now my mind also refuses to accept the events of the recent months: the more that everything except for the absence of our leader remains virtually unchanged, including our business and friends. I have the impression that Ales is just on a business trip and will soon return, and the letters he writes from prison are full of optimism and funny memories of our recent past. My mood goes up when I find a letter from him in my mailbox: you read it, then write something in response – it fells like a talk... Anastasia Loika, a member of the HRC “Viasna”: - The work of our reception room hasn’t stopped for a moment after the detention and arrest of Ales Bialiatski. Following his instructions, we started working even more actively despite our own moral state and the increasing external threats. We also understand that we can be deprived of our office in Minsk since the verdict to the Chairperson of “Viasna” provides for the confiscation of property. However, it won’t happen so quickly. At present we continue working at our office, and we have some emergency variants even if it happens. We will continue giving legal assistance and advice to people.
Despite yesterday’s ruling by the Minsk City Court confirming the 4.5-year prison term to Viasna leader Ales Bialiatski, the Human Rights Center “Viasna” will continue its activities on a regular basis in the office it has occupied unless the premises are seized.
“We surely predicted the decision. However, we see no reasons for our office to be seized in the near future. Even though it may be confiscated, we will try to resume our activities elsewhere”, says member of Viasna Board Uladzimir Labkovich.
Human rights defensers have to leave the flat that belonged to Ales Bialiatski and was confiscated by the state after his trial.
Euroradio has learned this from Tatsyana Ravyaka, the colleague of the human rights activist.
According to her, the human rights centre staff hoped the hearing of the cassation appeal would cancel at least a part of sentence to Bialiatski. In this case, his colleagues would be able to continue working in the office they have been occupying since 2000.
“Lukashenka claimed unambiguously: he should return the money and he will be freed. However, it has turned out that the case was not about money. The losses that are said to have been caused by Bialiatski have been compensated… But the court’s decision has not changed! This is an absolutely political case, there is no economic component in Bialiatski’s case,” the human rights activist said.
We remind that Ales Bialiatksi was sentenced to 4.5-year imprisonment and confiscation of property for tax evasion. The Minsk City Court upheld the sentence today though 757 million of rubles were collected by public and paid to the state to compensate for the alleged damage.
On 19 January, deputy chair of the Human Rights Center “Viasna” Valiantsin Stefanovich lodged a complaint with Minsk City Court demanding to reverse an earlier decision of 16 December 2011 by Minsk Partyzanski District Court to exact 56 mln. rubles of fine for alleged tax violations.
The human rights defender believes that the court ruling is groundless and illegal, which should result in its reversal, as provided by Par. 1 and 2 Art. 401 of the Code for Civil Procedures.
In his appeal submitted to Minsk City Court, Valiantsin Stefanovich names the reasons sufficient for the reversal of the verdict. “In its ruling, the court concludes that the money received at my bank account in the Lithuanian AO SEB bank from sources outside the Republic of Belarus in 2009 and 2010 are liable for taxation. However, the court failed to take into account all the facts that can be considered as evidence in the case”, says Mr. Stefanovich, stressing two key issues mentioned in the judgment by Judge Veranika Abramovich.
Firstly, he emphasizes the existence of an official paper by the Lithuanian Ministry of Justice, which was adjourned to the case file:
“A copy of the paper was sealed by the Lithuanian Embassy to Belarus and signed by the plenipotentiary ambassador of the country. According to the paper, the information [on the flow of funds received at a Lithuanian bank account from sources outside the Republic of Belarus in 2009-2010] provided by the Lithuanian Ministry of Justice is false. Under Art. 193 of the Code for Civil Procedures, the paper is official, as it was issued by a body (the Lithuanian Ministry of Justice) in the framework of its authority. The claimant failed to disprove the data contained in the paper. Therefore, the content of the official paper is true (Art. 193 of the CCP)”.
During the court hearing, Mr. Stefanovich also requested that the court addressed the Lithuanian Ministry of Justice to receive explanations as to the exact parts of the submitted information that were considered false. Representatives of the tax inspection did not object to the motion either.
“The court dismissed the motion by its written order, saying that it was going to assess the paper during the pronouncement of judgment. However, the court ruling did not assess the evidence. Thus, the court abstained from examination and evaluation of the evidence which was crucial for a fair and unbiased consideration of the case and failed to take into account all the facts that could be considered as evidence in the case. Meanwhile, under Par. 1 Art. 214 of the CCP, the court assesses the evidence according to its own convictions based on full-scale and unbiased examination in a trial of all the facts that can be considered as evidence in the case, being guided by the law only”, says the appeal.
Secondly, the human rights defender notes that in her verdict the judge refers to accounting legislation, which is illegal:
“The court’s reference to the Accounting Code of 1994 is not right, since under Art. 1 of the Code it deals with legal entities registered in the territory of the Republic of Belarus, local branches and offices, including those of foreign organizations, economic groups, regular associations, state bodies, as well as individual entrepreneurs. I, as an individual, do not belong to either of the entities and the Code does not apply to me. It also does not apply to the foreign foundations that donated the resources, since they do not perform any activities nor have any registered representatives in the territory of Belarus. My relations with the foundations were of civil nature and their instructions concerning the transfer of money to third persons or the implementation of certain services for their benefit could be of any (including oral) kind”, says Mr. Stefanovich.
None of over 60 pickets in support of imprisoned Viasna leader Ales Bialiatski expected to be staged by human rights defenders was authorized by Minsk executive authorities.
“Despite the fact that the applications met the Mass Events Code, and the expected number of picketers ranged between 2 and 5 persons, all the pickets were banned. Human rights defenders received nearly identical responses, which in reality are formal roundabout replies. The reasons for the bans are traditional: “another event is scheduled”, “the exact location of the picket cannot be identified”, “the picket is believed to be interfering with the traffic and pedestrians”, etc. Such bans do not only run counter to the international treaties ratified by the Republic of Belarus, but to the Mass Events Code and the Belarusian Constitution as well”, says one of the activists Siarhei Ustsinau.
14 bans were appealed at Minsk Maskouski District Court. On 13 January, all of them were dismissed.
According to Mr. Ustsinau, the fact shows that Belarus has no fair trial, while the bans are merely aimed at suppressing alternative opinions.
On December 16 the Partyzanski District Tax Inspection of Minsk increased the sum of the claim to Valiantsin Stefanovich to 53 million rubles. A representative of the tax inspection stated that earlier information about Stefanovich’s account in the Lithuanian bank SEB, provided by the Lithuanian authorities, is incomplete, mustn’t be taken into account, because it wasn’t specified what is incomplete. Concerning the documents on financial transfers to his account provided by Amnesty International and the Danish Institute for Human Rights, the plaintiff thinks that they don’t contain any errands to Stefanovich, but just specify that Stefanovich received this money (more than 16,000 Euros).
In his testimony of December 2, Stefanovich claimed that he had spent means of the Danish Institute for Human Rights (16,900 Euros) and Amnesty International (1,400 Euro) on the campaign against the death penalty and preparation of a yearly review of human rights violations in Belarus. Stefanovich added that a part of this money had been passed to specialists for preparing a communication to the UN on behalf of relatives of the death convicts who had been executed in 2009. Valiantsin Stefanovich didn’t mention the surnames of these people. He also stated that he acted not on his own behalf, but as a representative of the Human Rights Center “Viasna”, which was deprived of the state registration in 2003. The illegality of the liquidation of “Viasna” was officially confirmed by the UN, which stated that its members had the right to re-registration and compensation.
During the hearing, held on December 16, Valiantsin Stefanovich said that he was the deputy head of the Human Rights Center “Viasna” which rendered aid to victims of political repressions, prepared human rights reviews and participated in various campaigns, including the campaign against the death penalty. HRC “Viasna” concluded agreements with international human rights organizations in order to receive support for such activities. Bank accounts were opened in Lithuania for this purpose, and finances were transferred to them by Amnesty International and the Danish Institute for Human Rights. This is also confirmed by documents submitted by these organizations. Stefanovich again stated that he had never used this money as personal income.
Stefanovich also referred to the letter from the Lithuanian Ministry of Justice, where it was stated that the information that had been provided about his account, was invalid, and the court failed to disprove it. He also pointed out that the administrative case against him was directly related to the KGB pressure on “Viasna” and reminded about the letter of the head of the KGB Zaitsau to the deputy Prosecutor General Shved where it was stated that the opposition was financed through “Viasna”. Stefanovich refuted this saying that “Viasna” protected political prisoners and victims of repressions and will continue doing it. He added that tax inspectors held check-ups concerning him and his relatives every year and failed to find any discrepancies between profits and expenditures. That’s why he considered it as unlawful persecution and asked the court not to grant the lawsuit of the tax inspection. However, the court granted the lawsuit of the tax inspectors and ruled that 54 million Belarusian rubles and also 2 more million rubles were to be exacted from Stefanovich. Human rights defender stated that he would appeal against this verdict.
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your intervention in the following situation in Belarus.
Description of the situation :
The Observatory has been informed by reliable sources of the arrest of Mr. Andrei Paluda, a human rights defender from Belarus, and the confiscation of his material. According to the information received, on November 22, 2011, late at night, Mr. Andrei Paluda was arrested as he crossed the Lithuanian/Belarusian border with ten copies of the brochure “Results of Independent monitoring”, which the HRC Viasna and the Belarusian Helsinki Committee had published with the support of FIDH after observing the 2010 presidential election. The reports were seized by the customs officials who sent them to expert examination, labelling them as “magazines of oppositional character”. Mr. Paluda was subsequently released.
The Observatory denounces this confiscation as another violation of freedom of expression and a further threat in order to silence all independent voices in a context of violent repression in Belarus.
Actions requested:
The Observatory urges the authorities of Belarus to: i. Guarantee in all circumstances the physical and psychological integrity of Mr. Andrei Paluda 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 all human rights defenders in Belarus; iii. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, which provides in particular that "everyone has the right, individually and in association with others": - "to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels" (Article 1); - "to form, join and participate in non-governmental organizations, associations or groups" and "to communicate with non-governmental or intergovernmental organizations" (Article 5(b) and (c)); - "to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms" (Article 9.3(c)); - "to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means" (Article 13).
iii. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Belarus.
Addresses: • President Alexander Lukashenko, ul. Karla Marksa, 38, 220016 Minsk, Belarus, Fax: + 375 172 26 06 10 or + 375 172 22 38 72, Email: infogrp@president.gov.by • Head of the Administration of the President 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 of Belarus, Mr. Viktor Grigorevich Golovanov, Ul. Kollektornaya, 10, 220004 Minsk, Belarus, Email kanc@minjust.by • President of the Supreme Court of Belarus, Mr. Valentin Olegovich Sukalo, Ul. Lenina, 28, 220030 Minsk, Belarus, Email: scjustrb@pmrb.gov.by • Permanent Mission of Belarus 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 in Brussels, 192 avenue Molière, 1050 Ixelles, Belgium, Fax : + 32 2.340.02.87, Email : embbel@skynet.be
Please also write to the diplomatic mission or embassy of Belarus in your respective country.
*** Paris-Geneva, November 24, 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply. To contact the Observatory, call the emergency line: • E-mail: Appeals@fidh-omct.org • TelandfaxFIDH+33(0)143552518/+33143551880 • TelandfaxOMCT+41(0)228094939/+41228094929
