(ARTICLE 19/IFEX) – In a 20 July 2001 letter to Belarusian President Aleksandr Lukashenka, ARTICLE 19 expressed concern over the news of charges brought against well-known human rights lawyer and director of the Minsk Human Rights Centre, Vera Stremkovskaya. On 20 June, the Moskovsky district court in Minsk reached a verdict in a civil suit […]
(ARTICLE 19/IFEX) – In a 20 July 2001 letter to Belarusian President Aleksandr Lukashenka, ARTICLE 19 expressed concern over the news of charges brought against well-known human rights lawyer and director of the Minsk Human Rights Centre, Vera Stremkovskaya.
On 20 June, the Moskovsky district court in Minsk reached a verdict in a civil suit brought by investigator Anatoly Smolentsev. Smolentsev had brought a civil suit under Article 153 of the Belarusian Civil Code (defence of honour, dignity and professional reputation) against Stremkovskaya, journalist Oleg Gruzdilovich and the independent newspaper “Naviny”. The court reportedly fined Stremkovskaya 600,000 Belarusian roubles (approx. US$500), Gruzdilovich 500,000 roubles (US$400) and “Naviny” 800,000 roubles (US$700).
The case dates back to March 1999, when Stremkovskaya was the defence lawyer for Vasily Starovoitov, a collective farm manager who faced charges of embezzlement. On 4 March, Stremkovskaya made an official request in court to clarify the whereabouts of forty bottles of cognac belonging to Starovoitov that were reportedly seized during a search of his home. She alleged that the bottles had been taken by the investigator, Smolentsev. This request was subsequently reported in the media, including the “Naviny” newspaper, in a story covered by Gruzdilovich. Later that month Smolentsev filed criminal charges against Stremkovskaya, accusing her of slander against the investigation under Article 188 of the Belarusian Criminal Code. This case was dismissed in November 1999 since the court found nothing criminal in Stremkovskaya’s request. Smolentsev appealed this decision to the Mogilev district court and then to the Mogilev regional court, which upheld the original decision. In November 2000, Smolentsev launched the civil suit in Minsk, under Article 153 of the Belarusian Civil Code, resulting in the June decision.
A request made in court by a defence lawyer concerning the personal property of her client falls clearly in the realm of protected speech, enshrined in both Article 33 of the Belarusian Constitution and Article 19 of the International Covenant on Civil and Political Rights, to which Belarus is party.
ARTICLE 19 believes that Stremkovskaya’s request for information should have been followed by an impartial investigation in order to determine the facts of the matter and to determine the legality of the seizure of the goods. Further, while courts may legitimately impose reporting restrictions on journalists during a court hearing, the Mogilev court chose not to do so.
An additional complication is that the case was prolonged for over two years. It is difficult to believe that a case centering on a request to determine the whereabouts of forty bottles of cognac could possibly warrant such an extraordinarily long investigation. It is apparent that the case has become a personal vendetta by investigator Smolentsev, aided and abetted by the authorities, against Stremkovskaya, Gruzdilovich and “Naviny” newspaper for carrying out their professional duties.
The precedent set by this case is exceptionally dangerous and restrictive. Should the verdict stand, lawyers and journalists will be open to censure purely for the legitimate pursuit of their professional activities. Moreover, while a decision is pending journalists and human rights lawyers are left in a state of uncertainty that clearly creates a “chilling effect” on their work.
Recommended Action
Send appeals to the president:
– calling on him to reverse the court’s decision
– asking him to publicly proclaim lawyers and journalists’ freedom to carry out their duties without fear of prosecution
Appeals To
H.E. Aleksandr Lukashenka
Presidential Administration
ul. Karla Marksa 36
220010 Minsk
Belarus
Fax: +375 17 223 58 25
Please copy appeals to the source if possible.
