The High Commissioner for Human Rights on the situation in Belarus published in April 2012 a report which was presented at the 18th session of the Human Rights Council in Geneva last September. As ever since Belarusian governement hasn't fulfilled the recommendations, UNHCHR repeats them, emphasizing the additional requirements.

The  present  report  is  submitted  in  accordance  with  Human  Rights  Council resolution 17/24, in which the Council requested the United Nations High Commissioner for Human Rights to  monitor the human rights situation in Belarus and to present to the Council, in an interactive dialogue at its twentieth session, a comprehensive report on the human rights situation in Belarus following the presidential election of 19 December 2010.

The  report  covers  the  period  from  19  December  2010  to  23  March  2012.  The  High Commissioner  presented  an  oral  report  on  the  situation  to  the  Council  at  its  eighteenth session.

The situation of human rights has significantly deteriorated in Belarus following the presidential  election.  The  Government's  response  to  a  mostly  peaceful  demonstration  in Minsk, contesting the electoral process, was followed by a massive crackdown on political opponents,  human  rights  groups  and  independent  media.  Overall,  more  than  600  people were arrested and detained on or shortly after election day; 43 opposition leaders, activists and  independent  journalists  were  sentenced,  including  five  out  of  nine  opposition candidates.

Since  the election, the  human rights situation  has further  deteriorated, particularly the rights to freedoms of association, assembly and expression, and the right to a fair trial. Allegations of torture and ill-treatment in custody, impunity of perpetrators, violations of due judicial process and pressure on defence lawyers persist. The lack of an independent judiciary and a national human rights institution aggravate the human rights situation and impede progress. 

The  High  Commissioner  makes  recommendations  aimed  at  addressing  systemic challenges, as well as urgent human rights issues. As  the  Office  of  the  High  Commissioner  was  not  allowed  access  to  Belarus,  the present  report  is  based  on  a  variety  of  sources,  including  information  provided  by  the Government.

 Freedom of association and human rights defenders

59.  According to article 22.1 of the International Covenant on Civil and Political Rights, everyone has the right to freedom of association with others, including the right to form and join  trade  unions  for  the  protection  of  his/her  interests.  Nevertheless,  the  Criminal  Code criminalizes the “organization of unregistered public associations” (art. 193.1). Throughout the period under review, human rights defenders and non-governmental organizations were subjected  to  various  forms  of  pressure,  including  arrests,  interrogations,  office  raids  and confiscation  of  materials,  as  well  as  acts  of  intimidation  linked  to  contacts  with international and intergovernmental organizations. These  actions violate the Covenant, as well as articles 5(c), 9.4 and 12 of the Declaration on Human Rights Defenders.

60.  As an indication of the seriousness of the human rights situation in Belarus, a case of reprisal  against  the  Belarusian  Helsinki  Committee  for  cooperation  with  the  Special Rapporteur on the independence of judges and lawyers was included in the report of the Secretary-General  on  cooperation  with  the  United  Nations,  its  mechanisms  or representatives in the field of human rights.47 

61.  In  the  spring  of  2011,  several  human  rights  defenders  (citizens  of  the  Russian Federation and Ukraine) from the International NGO Observation Mission to Belarus were deported from Belarus; some had not been allowed to enter the country.48 For example, on 16 March 2011, the Head of the Mission, Andrei Yurov (Russian Federation), was briefly detained by Belarusian law enforcement agents under part 2 of article 371 of the Criminal Code  (“Illegal  crossing  of  State  borders  by  a  person  previously  denied  entry  into  the country”).49 

62.  The  Human  Rights  Centre  Viasna  has  also  been  repeatedly  targeted  by  the authorities. Since cancelling its registration in 2003, the Belarusian  authorities threatened Viasna Chairman Ales Bialiatski (also the Vice-President of the International Federation for Human Rights and a member of the Belarusian Association of Journalists) with criminal prosecution  for  “unauthorized  NGO  activity”  (Criminal  Code,  art.  193.1).  The  latest warning was issued in April 2011. On 20 December 2010, KGB officers reportedly raided the Viasna offices, seized computers and documentation, and detained  10 staff members, who were released later the same day. On 4 August 2011, Mr Bialiatski was again arrested, placed  in  a  pretrial  detention  centre  of  the  Ministry  of  the  Interior  and  charged  with  tax evasion. On 24 November, he was sentenced by the Pershamayski District Court in Minsk to four and a half years of maximum security imprisonment and his property confiscated.50 Mr  Bialiatski  was  convicted  for  “concealment  of  incomes  on  an  especially  large  scale” (Criminal  Code,  art.  243.2).  The  court  ruled  that  Mr  Biliatski  had  intentionally  avoided paying  taxes  from  the  money  he  allegedly  kept  in  bank  accounts  abroad;  the  court disregarded the fact that the money was not Mr Bialiatski‟s personal income. He appealed against the verdict, which was, however, confirmed on 24 December 2011 by the Minsk City Court. In February 2012, Mr Bialiatski was taken to Babruysk correctional colony No. 2.51 Another Viasna member, Valiantsin Stefanovich, was also found guilty of tax evasion and, on 16 December 2011, the court in Minsk sentenced him to a fine for having concealed income. 

63.  The  defamation  campaign  launched  by  Government-controlled  media  against leaders of the political opposition also targeted human rights defenders and journalists. For example, the Internet website “Traitors” (www.predateli.com), which is linked to the group of  supporters  of  the  incumbent President,52  contains  names  and  pictures  of  human  rights activists,  journalists  and  opponents  of  President  Lukashenka  and  is  considered  part  of  a smear campaign aimed at silencing dissidents.

IV.   Conclusions and recommendations

73.  The information collected and its analysis suggest a pattern of serious violations of human rights since 19 December 2010. A number of actions, on 19 December 2010 and  in  the  aftermath,  were  clearly  aimed  at  curtailing  the  rights  to  freedoms  of association, assembly and expression, and the right to a fair trial. To date, allegations of  torture  and  ill-treatment  in  custody,  impunity  of  perpetrators,  violations  of  due judicial process and pressure on defence lawyers persist. The lack of an independent judiciary aggravates the situation and impedes progress. 

74.  Despite  the  release,  in  August  and  September  2011,  of  a  number  of  those imprisoned  in  connection  with  the  events  of  19  December  2010,  amendments  to several laws have further restricted civil and political rights. This situation indicates that the deficiencies pertaining to human rights in Belarus are of a systemic nature. They  need  to  be  addressed  by  the  authorities  through  a  comprehensive  approach, which  would  include  a  review  of  the  legislation,  policies,  strategies  and  practice pertaining to human rights.

75.  While  presenting  the  oral  report  of  the  High  Commissioner  to  the  Human Rights Council at its eighteenth session, the Deputy High Commissioner made several preliminary  recommendations  to  the  Government  of  Belarus.  As  those recommendations  remain  largely  unimplemented,  OHCHR  reiterates  them, broadening  their  scope  and  adding  additional  ones.  The  High  Commissioner  thus recommends that the Government of Belarus: 

(a)  Immediately and unconditionally release remaining political opponents, activists  and  journalists  who  were  not  involved  in  any  violence  in  the  events  of  19 December 2010 and its aftermath;

(b)  Conduct  an  impartial,  credible  and  objective  investigation  of  the circumstances in which the above persons were arrested and detained, and take steps to promptly rehabilitate them; 

(c)  Conduct a comprehensive, transparent and credible investigation into all reported  cases  of  torture  and  ill-treatment,  and  bring  those  responsible  to  justice; ensure in all circumstances the physical and psychological integrity of detained and imprisoned persons; and establish an independent national preventive mechanism for the prevention of torture at the domestic level;

(d)  Ensure  the  full  implementation  of  the  rights  to  freedom  of  association and assembly, in accordance with international law, and put an immediate end to all forms  of  political  and  administrative  pressure  on  and  harassment  of  political opponents;

 (e)  Put an immediate end to all forms of pressure on and harassment of civil society  organizations,  as  well  as  individual  human  rights  defenders;  and  release immediately  and  unconditionally  Ales  Bialiatski,  and  withdraw  charges  brought against him and other human rights defenders; 

(f)  Take  measures  to  ensure  that  civil  society  organizations  have  the freedom  to  perform  their  tasks;  revoke  the  official  warnings  issued  against  civil society organizations, and cease the practice of issuing such warnings;

(g)  Put an immediate end to all forms of pressure on journalists and media workers;  withdraw  all  charges  against  journalists  prosecuted  for  their  professional activities, and take measures to rehabilitate them; and recall official warnings issued against newspapers and cease such practice; 

(h)  Ensure  freedom  of  expression  and  create  a  legal  environment  and practices  conducive  to  the  effective  freedom  of  the  media;  eliminate  the  practice  of censorship  and  self-censorship;  and  ensure  that  Internet  control  measures  are minimal  and  that  regulations  do  not  lead  to  censorship  of  electronic  media  and freedom of speech; 

(i)  Ensure full compliance with international standards for due process and fair  trial;  put  an  immediate  end  to  all  forms  of  pressure  on  judges,  lawyers  and members of the bar; and ensure that the bar is free and independent of all forms of administrative control by the Government; 

(j)  Cooperate fully with all United Nations human rights mechanisms, and fully implement all recommendations  made at the  universal periodic review and by treaty bodies and special procedures; 

(k)  Cooperate  fully  with  OHCHR,  including  by  providing  access  to  an OHCHR  technical  team  to  visit  Belarus  and  to  engage  directly  with  the  relevant authorities and civil society actors; 

(l)  Establish  a  national  human  rights  institution  in  compliance  with  the Paris Principles;

(m)  Establish a moratorium on all executions with a view to abolishing the death penalty, and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights;

(n)  Initiate  a  comprehensive  review  of  the  overall  legal  framework, including the Criminal Code, as well as the laws amended in 2011, bringing them into line  with  the  State’s  international  human  rights  obligations,  and,  in  doing  so,  seek international expertise available from the United Nations, OSCE and the Council of Europe; 

(o)  Study the findings and observations reflected in the report of the OSCE election observation mission in Belarus, the report of the OSCE Moscow Mechanism Rapporteur58  and  the  report  of  the  OSCE  Office  for  Democratic  Institutions  and Human  Rights  on  trial  monitoring  in  Belarus,59  and  implement  fully  the recommendations made therein.

Full text of report see below:

Report of the UN High Comissionner for Human Rights on the situation of human rights in Belarus (10.04.2012) (0.61 Mb)

Paris-Geneva, April 19, 2012.

On April 2, 2012, 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), submitted the case of Mr. Ales Bialiatski to the United Nations (UN) Working group on Arbitrary Detention (WGAD).

Mr. Ales Bialiatski is the Vice President of FIDH and the President of the Human Rights Centre “Viasna”, in Belarus.

He was arrested on August 4, 2011, and sentenced to 4 years and a half imprisonment under fabricated charges of “tax evasion on an especially large scale” in November 2011, following a blatantly unfair trial which clearly showed the politically-motivated character of the prosecution.

“We reiterate our strong condemnation of the ongoing arbitrary detention of Ales Bialiatski, which was staged by the Belarusian authorities to silence his human rights activities and those of his organisation, Viasna. We ask the Working Group on Arbitrary Detention to confirm the arbitrariness of the detention requiring his immediate and unconditional release”, OMCT Secretary General Gerald Staberock said today.

“This communication to the WGAD is in line with our efforts of international mobilisation to obtain the release of our Vice President, whose detention has already been denounced by a large number of international organisations and State representatives over the past months” FIDH President Souhayr Belhassen added.

The Observatory urges Belarusian authorities to immediately and unconditionally release Mr. Bialiatski and to conform with the provisions of the United Nations Declaration on Human Rights Defenders and with international human rights standards and international instruments ratified by the Republic of Belarus.

Dear Ales Bialiatski,

I write to you in my capacity as Vice-President of the European Parliament for Democracy & Human Rights, and as a deeply concerned individual.

I have become aware of your situation due to the international outcry at your arrest, sentence and imprisonment on charges of tax evasion. Being familiar with your extensive work in the field of human rights, I join the international community in rejecting these allegations, and in calling for your immediate release.

Having worked in the field of human rights since my election to the European Parliament in 1984, I have met many brave and inspiring individuals fighting for fundamental rights and freedoms. Yet the bravery with which individuals fight against oppressive regimes from within their own countries, as is the case with you, never ceases to amaze me. The fight for human rights under a regime that openly scorns these values is a difficult and dangerous task. Indeed, one can be certain that it is your continued efforts to promote democracy and the rule of law, as well as the extensive support your organisation Viasna has given to victims of political repression in Belarus, that has resulted in your imprisonment.

Yet it is the fight against tyranny that pushes countries towards progress and democracy. Your sudden imprisonment and the accompanying harassment of Viasna arc the actions of a despotic regime that is stalling to be scared of its people. It is no surprise that the harassment of Viasna began immediately after citizens tried to storm the Belarusian Government's Headquarters in July 2010 in protest at the rigged elections. The work of human rights activists such as yourself has empowered citizens, and the wheels of progress are now in motion.

I write to assure you of the European Parliament's determination to have you released, and of our continued efforts to help Belarus on its path to democracy. On 3rd March this year, the House adopted a Motion for Resolution, calling on Belarus to "immediately and unconditionally release and rehabilitate all those detained on political grounds”, whilst strongly criticising "the continuation of the repressive measures against members of the democratic opposition, the free media, civil society activists and human rights defenders". Furthermore, as a firm supporter of sanctions against the regime, you will be glad to know that on 27 February the EU imposed sanctions against  21 Belarusian jurists and policemen who were said to have been involved in the repression of opposition activists. Such sanctions will continue as long as the Belarusian regime denies its citizens democracy and abuses their human rights. The EU will also continue to maintain a dialogue with organisations fighting for human rights and democracy in Belarus, so as to be able to exert effective international pressure. 

Yours,

Edward McMillan Scott МЕР

Edward McMillan-Scott МЕР (Yorkshire-Humber, Liberal Democrat) is Vice-President of the European Parliament for Democracy and Human Rights.

The President of the European Parliament Martin Schulz issued the following statement on the release of two political prisoners in Belarus :

"I welcome the release of former presidential candidate Andrei Sannikaw and the political activist Dzmitry Bandarenka. This is good news, but sixteen months too late. These freedom fighters should not have been imprisoned in the first place.

I call on Belarus authorities to release all remaining political prisoners, including another presidential candidate, Mikalay Statkevich and Ales Bialiatski, Head of the human rights centre 'Viasna'.

It is appalling to think that in the 21st century Europe, political prisoners still exist. As stated by the European Parliament on several occasions, the unconditional release and full rehabilitation of all prisoners of conscience is a necessary condition for resuming dialogue with the Belarusian authorities. 

I urge President Lukashenka to stop depriving the Belarusian people of their fundamental freedoms. Engagement with the EU would provide great benefits for Belarusian society. We cannot afford to lose any more time - Minsk should seize the opportunity to embrace the long awaited change."

Andres Henkel, PACE rapporteur on the situation in Belarus :  

The texte was prepared  for the Fallen Freedom Fighter’s Day conference

in Tartu on 25 March 2012.

When I had arrived home, I changed from my usual suit and tie to a T-shirt I was given in Oslo, with the message “Freedom for Ales Bialiatski“. As I am writing these lines, the picture of Ales's face is on my chest and the text is on my stomach. Last year I met Bialiatski himself in Norway, now I was given a T-shirt requesting his freedom.

Ales was arrested in August last year. In autumn he was sentenced to prison for four and a half years for alleged tax evasion. Money for supporting Viasna Human Rights Centre led by Ales had been transferred to his private bank account. As Viasna could not operate freely in Belarus or have a bank account, there was no other possibility for supporting the organisation. Amnesty Internationalimmediately declared Ales Bialiatski a prisoner of conscience. As the activities of Ales Bialiatski in defending human rights have been noteworthy, many parliamentarians across Europe have supported nominating him for the Nobel Peace Prize.

What is the difference between a prisoner of conscience and an ordinary political prisoner? The easiest definition of a political prisoner is that somebody is in prison because he/she is against or criticises the government of his/her country. It is not always easy to define it, because often some other article of law is used for conviction, there may be selective administration of justice or even clearly artificial charges. For example, one of the typical patterns is “discovering” drugs in the pocket of an arrested dissident.

Prisoners of conscience are the people who have been deprived of their freedom because of expressing their convictions. However, there is a clause that these convictions should be peaceful and not call to support violence. Those who try to overthrow the government in cooperation with the intelligence service of another state are also excluded. Thus the activists of Nochnoi Dozor, if their guilt in causing the so-called disturbances of the Bronze Night had been convincingly proven, could not in any way have expected to get the status of prisoners of conscience.

Besides politicians, religious people can also be prisoners of conscience when they refuse, because of their convictions, to fulfil an obligation imposed by the state if their religion does not allow it. The notion of ‘prisoner of conscience’ was initiated in 1961 by the British lawyer Peter Benenson. He also launched the campaign Appeal for Amnesty 1961. This grew into the influential human rights organisation Amnesty International. Although the organisation has expanded its original principles in the course of time, and we may not like at all their criticism against the Estonian language policy, the request to free prisoners of conscience also today forms the core of the activities of Amnesty International.

There are about ten prisoners of conscience in Belarus. For example, last year reporter Iryna Khalip was a prisoner of conscience in house arrest, now she has certain right of movement. Let's say she is a prisoner of conscience on parole. Iryna’s husband Andrei Sannikov, candidate at the presidential elections of 2010, is in prison where the conditions are very hard and everybody is worried about his health, except the Government of Belarus. Actually Iryna, too, was in prison in the beginning, but as she and Andrei have a small son who was left in the care of his aged grandmother, the international pressure became so forceful that the authorities decided to suspend her punishment. For many months she had to stay in her apartment totally incommunicado, she could not even go near a window.

Belarus is generally recognised as a pariah state, and the prisoners of conscience there confirm that status. On the other hand, there should be no political prisoners, not speaking of prisoners of conscience, in the Member States of the Council of Europe. But actually it is not so. The highest score there belongs to Azerbaijan who according to Amnesty International at present has fourteen prisoners of conscience. These are comparatively new cases – in their blogs and public speeches these people have criticised the authorities and called people to demonstrations.

Here I would like to call upon all good-willed people to join the appeal that when the journalists from Estonia and especially the Estonian National Broadcasting go to Baku in the end of May, they would not forget to pay attention to the situation of political prisoners and the essential lacking of political pluralism in Azerbaijan. These issues should not be forgotten because the privilege we have to live in the free world really obligates us to do something. We should never forget the sufferings of others.

There are no such bright stars among Azerbaijan’s political prisoners of today as the charismatic reporter Eynulla Fatullayev who was freed after international pressure in May last year. I have described him in my book “Letters from Azerbaijan” (2010) which I wrote on the basis of my experience as a rapporteur. Of the new prisoners, maybe the most outstanding is Tural Abbasli, 29-year-old reporter and blogger, head of the youth section of the Müsavat Party. First of all, it is noteworthy that so many young activists have been isolated from the society. Former government ministers Farhad Aliyev and Ali Insanov are also political prisoners in Azerbaijan, although they have not been declared prisoners of conscience.

Two long-term prisoners of Russia, Mikhail Khodorkovsky and Platon Lebedev, have now also been promoted to the status of prisoners of conscience. Khodorkovsky is the most famous of the two, but essentially we are dealing with parallel cases. Maybe Lebedev was at first arrested to give Khodorkovsky a sign to leave the country. Khodorkovsky stayed. In 2005 both men were sentenced to nine years in prison, but in 2011, when they became eligible for parole, 12 years were added to their punishment with new accusations. After that Amnesty International declared them both prisoners of conscience. Besides that, political leaders like Boris Nemtsov and others have been detained in Russia for short terms. As Amnesty has reacted quickly to these cases, it can be said that the list of prisoners of conscience in Russia has usually 2+x names, and at present x equals zero.

The third Member State of the Council of Europe that produces prisoners of conscience from time to time is Turkey. Mostly these cases are connected with conscientious objection or members of the Kurdistan Workers’ Party.

The issue of imprisoned politicians in Ukraine is more and more on the agenda. Until now, it has been tried to avoid calling the former Prime Minister Yulia Tymoshenko and former Minister of Internal Affairs Yuriy Lutsenko political prisoners in official documents. The representatives of Amnesty International also say that at least now they have no grounds for declaring the former Ukrainian politicians prisoners of conscience. At the same time the fact that the political motive is clearly visible in the activities of both the investigative bodies and the courts cannot be missed. When one case against Tymoshenko was closed, another was immediately started so that there would not be even the shortest period when she could have communicated freely with the outside world.

In Armenia, there were tens of political prisoners and many people were killed after the last presidential elections in 2008. By now the problem of prisoners is solved, but in the beginning of May there will be parliamentary elections. In the past, elections have been a risk factor in Armenia.

And in conclusion, an example from a faraway land. How full of exceptions the circumstances relating to political prisoners can be may be seen from the life of the eleventh Panchen Lama Gedhun Choekyi Nyima, who was born in 1989. He was separated from the world as a six year old boy, received the status of the youngest political prisoner in the world and now, when he is grown up, he is still in house arrest.

 ***

Not all prisoners of conscience are freedom fighters in the direct sense of the term. The freedom to request alternative service to military service for religious or other reasons is not fighting for freedom. Our Jüri Kukk certainly was a prisoner of conscience and a freedom fighter. Several people who spoke at Jüri Kukk Memorial Conference today – Enn Tarto, Mart Niklus and Kalju Mätlik – have the same status. They deserve great respect for what they have done. And fortunately in Estonia of today we are speaking of political prisoners only in retrospect.

In a democratic country people criticise the politicians but in an authoritarian state the government and official propaganda criticise the prisoner of conscience. Outside his/her homeland or among the opposition of his/her country, a prisoner of conscience may be very much respected. But the deserved official approval comes only after the system of government has been radically changed. Fortunately this is what happened in Estonia.

www.herkel.net

The final version of the document amended and approved by members of the European Parliament on March 29, 2012 has been published on the EP website.

The resolution was supposed to be adopted on March 15, but MEPs delayed the vote to give the Belarusian authorities time for response.

The draft resolution saw number of amendments in connection with the recent events in Belarus.

European Parliament resolution of 29 March 2012 on the situation in Belarus ((2012/2581(RSP))

The European Parliament,

– having regard to its previous resolutions on Belarus, in particular those of 16 February 20121, 15 September 20112, 12 May 20113, 10 March 20114, 20 January 20115, 10 March 20106 and 17 December 20097,

– having regard to the Council decision of 23 March 2012 on the reinforcement of restrictive measures against the Belarusian regime;

– having regard to the Conclusions of the European Council of 1‑2 March 2012, expressing its deep concern over the further deterioration of the situation in Belarus,

– having regard to Council Implementing Decision 2012/126/CFSP of 28 February 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus8,

– having regard to the statement of 28 February 2012 by High Representative Catherine Ashton on her decision and that of the Polish Government to recall the Head of the EU Delegation in Minsk and the Polish Ambassador to Belarus respectively,

– having regard to the Council Decision 2012/36/CFSP9 of 23 January 2012 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus,

– having regard to Council of Europe Parliamentary Assembly resolution 1857 (2012) of 25 January 2012 on the situation in Belarus, which condemned continuous persecution of members of the opposition and the harassment of civil society activists, independent media and human rights defenders in Belarus,

– having regard to UN Human Rights Council resolution 17/24 of 17 June 2011 on the situation of human rights in Belarus, which condemned the human rights violations before, during and after the presidential elections in Belarus and called on the Government of Belarus to end the ‘persecution’ of opposition leaders,

– having regard to the declaration of the Eastern Partnership Summit adopted in Prague on 7‑9 May 2009 and the Declaration on the situation in Belarus adopted on the occasion of the Eastern Partnership Summit in Warsaw on 30 September 2011,

– having regard to the joint statement made by the Ministers of Foreign Affairs of the Visegrad Group, Estonia, Latvia and Lithuania in Prague on 5 March 2012,

– having regard to the statement made by the Belarusian National Platform of the Eastern Partnership Civil Society Forum in Minsk on 2 March 2012,

– having regard to the decision taken at the Annual Congress of the International Ice Hockey Federation in Berne in May 2009 to hold the 2014 IIHF World Championship in Belarus, despite the persecution of Alyaksandr Lukashenka’s political opponents and widespread human rights abuses in Belarus,

– having regard to Rule 110(4) of its Rules of Procedure,

A. whereas the Prague Declaration of the Eastern Partnership Summit reaffirms the commitments, inter alia of Belarus, to the principles of international law and to fundamental values, including democracy, the rule of law and respect for human rights and fundamental freedoms;

B. whereas the political situation in Belarus has been seriously deteriorating since the presidential elections of 19 December 2010, with repressive measures being taken against members of the democratic opposition, the free media, civil society activists and human rights defenders, despite repeated calls from the international community to halt these measure immediately;

C. whereas Uladzislau Kavalyou and Dzmitry Kanavalau, who were sentenced to death in November 2011 by the Supreme Court of the Republic of Belarus, were executed in March 2012; whereas in Belarus, under the Lukashenka regime, there is insufficient confidence in the rule of law and the independence of the judiciary, and the judicial processes clearly do not meet internationally recognised standards; whereas the death penalty is an inhuman, ineffective and irreversible act of punishment;

D. whereas, on 28 February 2012, underlining the further deterioration in the situation in Belarus, the EU Foreign Ministers decided to add 21 Belarusian officials, responsible for repression of civil society and the democratic opposition, to the list of people subject to the assets freeze and visa ban;

E. whereas an EU-Belarus diplomatic conflict of unprecedented scope escalated after the Belarusian authorities requested that the ambassador of the EU and the Polish ambassador leave the country, and recalled their own ambassadors from Brussels and Warsaw in response to the Council decision of 28 February 2012;

F. whereas, in this context, Aliaksandr Lukashenka followed up with an offensive personal attack on the German Foreign Minister, with no regard for diplomatic etiquette;

G. whereas the ambassadors of the EU Member States in Minsk were all called back to their capitals for consultations, and all EU Member States summoned the Belarusian ambassadors to their foreign ministries;

H. whereas a firm commitment by all EU Member States and other democratic countries to act in a united manner in times of necessity can foster the successful promotion of universal values in such countries as Belarus and bring these countries closer to the path of democratic transition;

I. whereas any improvement in bilateral relations with the European Union is also conditional upon the release of all political prisoners and progress being made by the Government of Belarus in meeting its OSCE commitments and respecting fundamental human rights, the rule of law and democratic principles;

J. whereas large numbers of representatives of the Belarusian democratic opposition and civil society activists, including former presidential candidates, as well as prominent human rights defenders, remain in prison on political grounds;

K. whereas young activists and members of youth organisations have constantly been under pressure or experiencing harassment in many different ways, like Ivan Shyla, a member of ‘Young Front’, who spent 22 days in jail for last year’s campaign of solidarity with Dzmitrij Dashkevich;

L. whereas on 24 February 2012 a district judge in Vitsyebsk sentenced the opposition activist Syarhey Kavalenka to two years and one month in a low-security correctional institution on a charge of violating probation rules; whereas Kavalenka was arrested on 19 December 2011, on the anniversary of the flawed presidential election; whereas he has been on hunger strike against his unjust sentence for 86 days now and his health condition is critical;

M. whereas the Belarusian authorities are violating Article 30 of the Belarusian constitution and limiting the right of free movement of citizens; whereas on 1 March 2012 the Belarusian Prosecutor-General's Office announced that Belarusians who backed new foreign sanctions against Belarus could be barred from travelling abroad; whereas three opposition leaders and activists – Anatol Lyabedzka, Alyaksandr Dabravolski, and Viktar Karnyayenka – and human rights defender Valyantsin Stefanovich were not allowed to cross the Belarusian-Lithuanian border between 7 and 11 March 2012;

N. whereas the Belarusian Ministry of Justice decided on 14 February 2012 to refuse to register the Belarusian Christian Democracy (BCD) party for the fourth time, without any legal reason for doing so; whereas, according to reports, BCD members were for the first time threatened with physical assault if they did not withdraw their signatures as party founders;

O. whereas thousands of people took part in a Freedom Day peaceful demonstration in Minsk on 25 March to mark 94 years since the proclamation of the 1918 Belarusian National Republic, and whereas this has shown the readiness of people to defend their position as Belarusian citizens with courage and to express their European aspirations;

P. whereas, in the Belarus Democracy and Human Rights Act of 2011, unanimously adopted by the US Senate and signed into law by President Barack Obama on 3 January 2012, the United States has called on the IIHF to suspend its plan to hold the 2014 championship in Belarus until the Government of Belarus releases all political prisoners;

1. Continues strongly to condemn the deteriorating situation as regards human rights and fundamental freedoms, combined with the lack of deep democratic and economic reforms in Belarus, and will continue to oppose the repression of the regime’s opponents in Minsk;

2. Strongly deplores the execution of Uladzislau Kavalyou and Dzmitry Kanavalau despite continuous domestic and international protests and calls on the Belarusian authorities to release the bodies of the two men to their families for burial; calls on the Belarusian authorities to immediately introduce a moratorium on the death penalty;

3. Condemns the continuous persecution of human rights defenders and members of the democratic opposition and the harassment of civil society activists and the independent media in Belarus for political reasons;

4. Demands the unconditional and immediate release of all political prisoners; reiterates that there cannot be any progress in the EU-Belarus dialogue without progress by Belarus in terms of democracy, human rights and rule of law and until all political prisoners, including Ales Bialiatski, Chair of the Human Rights Centre 'Viasna' and Vice-President of the FIDH, two ex-presidential candidates Mikalai Statkevich and Andrei Sannikau, heads of the presidential campaigns of democratic opposition candidates Pavel Seviarynets and Dzmitry Bandarenka, and Syarhey Kavalenka, a political prisoner detained for an alleged breach of house arrest, who has been on a prolonged hunger strike, which has led to a critical deterioration in his health and directly threatens his life, are unconditionally released and their civil rights are fully rehabilitated;

5. Stresses that the decision to withdraw all the ambassadors of the EU Member States from Belarus proves that the Belarusian authorities’ attempts to divide the European Union over decisions on sanctions have failed;

6. Emphasises that a firm commitment on the part of all EU Member States and other democratic countries to act in a united manner in times of necessity can help promote universal values in such countries as Belarus and bring them closer to the path of democratic transition;

7. Condemns the offensive rhetoric used by Aliaksandr Lukashenka vis-à-vis the German Foreign Minister;

8. Deplores the foreign travel ban list drafted by the Belarus Government that forbids several opponents and human rights activists from leaving the country; expresses its sympathy to all the people included in this list and calls on the Minsk authorities to put an end to such practices that violate the fundamental freedoms of Belarus citizens;

9. Stresses that, instead of choosing increasing self-isolation, Minsk should make the right choice for its people and open itself to democracy;

10. Calls on the National Ice Hockey Federations of the EU Member States and all other democratic countries to urge the IIHF, including at its next Congress in May in Helsinki, Finland, to re-discuss its earlier decision envisaging the possibility of relocating the 2014 World Ice Hockey Championship from Belarus to another host country until all political prisoners, recognised by international human rights organisations as ‘prisoners of conscious’, are released and until the regime shows clear signs of its commitment to respect human rights and the rule of law;

11. Welcomes the Council decision of 28 February 2012 to strengthen restrictive measures and to add 21 persons responsible for the repression of civil society and the democratic opposition in Belarus to the list of those targeted by a travel ban and an asset freeze;

12. Welcomes the Council decision of 23 March 2012 to reinforce restrictive measures against the Belarusian regime by adding 12 more persons, benefiting from and supporting the Belarusian regime as well as persons responsible for the repression of civil society and the democratic opposition in Belarus, to the list of those targeted by a travel ban and an asset freeze as well as freezing the assets of 29 entities supporting the regime;

13. Calls on the Council to take stock of the latest developments in EU-Belarus diplomatic relations and of the further deterioration in the situation regarding human rights and basic freedoms in the country and, on this basis, to adopt a decision concerning further restrictive measures, including targeted economic sanctions;

14. Stresses that the European Union and Belarus should have good neighbourly relations and that these should be strongly supported by EU close engagement with civil society and the democratic opposition in Belarus and its support for the democratic aspirations of the Belarusian people;

15. Reiterates its call on the Commission to support, with financial and political means, the efforts of Belarusian civil society, independent media (including TV Belsat, European Radio for Belarus, Radio Racja and others) and non-governmental organisations in Belarus to promote democracy;

16. Stresses the need for increased cooperation between the EU and its eastern neighbours in the framework of the Eastern Partnership, including its parliamentary dimension – the Euronest Parliamentary Assembly – with the shared aim of initiating a genuine process of democratisation in Belarus;

17. Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the Parliamentary Assemblies of the OSCE and the Council of Europe, the Secretariat of the Commonwealth of Independent States and the Parliament and Government of Belarus.

On March 5, 2012, the discussion of the yearly report of the Special Rapporteur on the situation of human rights defenders took place at the UN Human Rights Council.

Representatives of Belarus made an oral statement concerning the case of the imprisoned human rights defender Ales Bialiatski:

"We attentively studied the report of the special rapporteur on situation of human rights defenders and regret to state that she was unable to discriminate in the case of Ales Bialiatski, most probably yielding to the stereotype opinion, spread by certain European structures and human rights NGOs.

We would like to once more confirm to the special rapporteur that the court verdict has no relation to human rights activities of Bialiatski and is connected solely to violations of the tax legislation by him. Citizen Bialiatski didn't declare the large sums of money which he received from sources outside Belarus, which a a gross violation of the present tax legislation..."

Representatives of many European countries reacted to this statement by expressing a high respect for human rights activities of Ales. A representative of Hungary even compared him to the Czech politician and civil activist Vaclav Gavel.

25 January 2012

In support of the awarding of the Nobel Peace Price to Ales Bialiatski, Belarusian Human Rights Defender

We, parliamentarians of the member states of the Council of Europe, strongly support the idea of awarding the Nobel Peace Prize to the distinguished Belarusian activist and the human rights defender - Ales Bialiatski. 

Ales Bialiatski, sentenced to 4,5 years of hard labour, has never been a politician. His only fault is that, being a sensitive person, he stood alongside the victims of the antidemocratic regime, helped them and took care of their families. We demand his release.

The People of the Free Europe will never abandon the citizens of Belarus, who are fully entitled to exercise the same rights as we do.

Signed (see overleaf)

Signed: ¹

HALICKI Andrzej, Poland, EPP/CD

BECK Marieluise, Germany, ALDE

BIEDROŃ Robert, Poland, NR

BIERECKI Grzegorz, Poland, NR

ČIGĀNE Lolita, Latvia, EPP/CD

CORLĂŢEAN Titus, Romania, SOC

ÉKES József, Hungary, EPP/CD

FARINA Renato, Italy, EPP/CD

FROMMELT Doris, Liechtenstein, EPP/CD

FRUNDA György, Romania, EPP/CD

GHILETCHI Valeriu, Republic of Moldova, EPP/CD

GIRZYŃSKI Zbigniew, Poland, EDG

GÓRCZYŃSKI Jarosław, Poland, EPP/CD

HAUPERT Norbert, Luxembourg, EPP/CD

HERASYM'YUK Olha, Ukraine, EPP/CD

HERKEL Andres, Estonia, EPP/CD

IWIŃSKI Tadeusz, Poland, SOC

KAMIŃSKI Mariusz, Poland, EDG

KOVÁCS Elvira, Serbia, EPP/CD

LĪBIŅA-EGNERE Inese, Latvia, EPP/CD

MAYER Edgar, Austria, EPP/CD

NAGY Gábor Tamás, Hungary, EPP/CD

NEGELE Gebhard, Liechtenstein, EPP/CD

NEUGEBAUER Fritz, Austria, EPP/CD

NYKIEL Mirosława, Poland, EPP/CD

PAPADIMITRIOU Elsa, Greece, EPP/CD

POSTANJYAN Zaruhi, Armenia, EPP/CD

POURBAIX-LUNDIN Marietta de, Sweden, EPP/CD

RADZISZEWSKA Elżbieta, Poland, EPP/CD

ROGACKI Adam, Poland, NR

SANTINI Giacomo, Italy, EPP/CD

SCHÄDLER Leander, Liechtenstein, EPP/CD

SCHOU Ingjerd, Norway, EPP/CD

SOBOLEV Serhiy, Ukraine, EPP/CD

SZABÓ Vilmos, Hungary, SOC

VAREIKIS Egidijus, Lithuania, EPP/CD

VEJKEY Imre, Hungary, EPP/CD

VOLONTÈ Luca, Italy, EPP/CD

WACH Piotr, Poland, EPP/CD

WADEPHUL Johann, Germany, EPP/CD

ZINGERIS Emanuelis, Lithuania, EPP/CD

__________________

Total = 41

¹        EPP/CD: Group of the European People’s Party

      SOC: Socialist Group

      ALDE: Alliance of Liberals and Democrats for Europe

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group

DUBLIN, 24 January 2012 – The OSCE Chairperson-in-Office, Tánaiste and Minister for Foreign Affairs and Trade Eamon Gilmore T.D., expressed his regret today that prominent Belarusian human rights defender Ales Bialiatski was not freed on appeal.

“A person should not be prosecuted for protecting human rights. This case is an unfortunate reflection of the state of human rights in Belarus and a result of the restrictions imposed on freedom of association in the country.  I urge the Belarusian authorities to immediately release Ales Bialiatski and all other civil society activists, and political opponents.”

“The continued erosion of human rights in the country is very worrying.  By persecuting human rights defenders and limiting the freedom of association, Belarus is falling short of its OSCE commitments.”

Bialiatski, Vice-President of the International Federation for Human Rights (FIDH) and Head of the Belarusian Human Rights Centre “Viasna”, was convicted on 24 November 2011 on tax evasion charges and sentenced to four-and-a-half years in an enhanced regime detention camp.

On January 25, 111 PACE members voted "for", only 10 voted "against", and 6 PACE members abstained.

The PACE's Political Committee is deeply concerned by the constantly deteriorating situation with human rights, political and civil freedoms in Belarus, condemns repressions and pressure against the dissidents. This is stated in PACE's draft resolution on Belarus, which is to be voted on today in Strasbourg.

The document "fully supports EU's targeted sanctions, which should be expanded, and urges the countries of the Council of Europe to join them, until all political prisoners are released and rehabilitated, and repressions against political opponents, representatives of the civil society and human rights defenders are stopped". Apart from that, PACE advises the Committee of Ministers, which is the directive body of the Council of Europe, should address with such appeal to all the members of the organization. 

Let us remind you, all European countries (apart from Belarus, Vatican and Kosovo) are members of the Council of Europe.  

The draft resolution also suggests that PACE should expand cooperation with representatives of NGOs, independent media, political opposition and independent trade unions. Also, it recommends to leave the high-level relations with the Belarusian authorities frozen. The position of a special guest for Belarus also remains unchanged: it depends on the death penalty moratorium and progress in the sphere of democracy. 

It will become known whether any changes will be included into the draft document and what the voting results will be within the next two hours.