(ARTICLE 19/IFEX) – In a 6 July 2000 letter to President Alexandr Lukashenko, ARTICLE 19 expressed that it is extremely concerned about the recent outcome of the trial of Valery Schukin and Mikalai Statkievich. In ARTICLE 19’s view, this represents yet another attempt by the Belarusian authorities to prevent prominent opposition politicians from undertaking activities […]
(ARTICLE 19/IFEX) – In a 6 July 2000 letter to President Alexandr Lukashenko, ARTICLE 19 expressed that it is extremely concerned about the recent outcome of the trial of Valery Schukin and Mikalai Statkievich. In ARTICLE 19’s view, this represents yet another attempt by the Belarusian authorities to prevent prominent opposition politicians from undertaking activities which are critical of President Lukashenko’s government. Such cases, combined with the further abuses of media freedom, decrease even further the possibility of the upcoming parliamentary elections, scheduled to take place in October 2000, being free and fair.
According to ARTICLE 19’s information, Schukin, member of the disbanded Supreme Soviet, and Statkievich, leader of the Social Democratic Party (Narodnaya Hramada), were charged by the Minsk City Court on 24 April with staging the 17 October 1999 Freedom March demonstration and allegedly violating public order during the actual protest, which ended in violent clashes with the police. Statkievich was also charged with organising another peaceful demonstration held in Minsk to commemorate the Belarusian Independence Declaration anniversary on 27 July 1999. The final proceedings of their case took place on 19 June 2000 and resulted in a two-year suspended prison sentence for Statkievich and a one-year suspended prison sentence for Schukin. Journalists were only permitted into the courtroom on 19 June after Schukin stated that he would not attend the hearing unless all those wishing to observe the trial were admitted.
ARTICLE 19 shares the view of other international observers that the trial and its outcome were unfair and politically motivated. The organisation sees this trial as another sign of the almost total disregard in Belarus for the fundamental right to freedom of expression and the right to peaceful assembly, which is extremely worrisome in light of the forthcoming autumn elections. Statkievich’s and Schukin’s sentences show that instead of taking active steps to promote freedom of expression, particularly political expression which is essential in a democratic electoral process, the authorities seem to have once again undertaken a campaign to intimidate and silence the opposition forces. This is just one more in a long line of events over the past few years which have eroded almost all independent voices in Belarus, a number of which ARTICLE 19 has written to President Lukashenko about. Other recent developments which also threaten the possibility of free and fair elections include the following:
– arbitrary arrests, detention, and suspicious disappearances of the country’s prominent opposition leaders
Statkievich and Schukin are not the only victims of what the international community sees as politically motivated trials in Belarus. Mikhail Chigir, the former Prime Minister of Belarus and a presidential candidate in the opposition-staged elections in May 1999, spent months in detention and was sentenced on 19 May 2000 to three years in prison with a two-year suspended sentence. Other opposition leaders, Andrey Klimov and Vladimir Kudinav, are currently serving unjustly imposed prison sentences. In addition, despite repeated protests from the international community, President Lukashenko’s government still refuses to disclose information on or to conduct a thorough investigation into the suspicious disappearances of Yuri Zakharenko and Victor Gonchar, about whom ARTICLE 19 wrote to the president in October 1999 (see IFEX alert of 13 October 1999).
– further warnings, issued under Article 5 of the Law on Press, that remain in effect and threaten closure for “Nasha Niva” and “Belaruskaya Delovaya Gazeta” newspapers
According to ARTICLE 19’s information, in May, “Nasha Niva” received its second warning in a year under Article 5. It is accused of “stirring up national hostility” in a newspaper article published on 10 April by S. Sharetsky, entitled “The Infection of Fascism”. “Belaruskaya Delovaya Gazeta” also received two warnings in May, under the same provision, for an article entitled “Kadish Under Birkenau” that was published three months earlier (see IFEX alert of 25 May 2000). Having received two warnings within a year, ARTICLE 19 is aware that both newspapers potentially face closure.
– recent amendments to other laws that further restrict freedom of expression
Over the past few years, ARTICLE 19 has written to President Lukashenko a number of times regarding the many attempts by the Belarusian authorities to muzzle opposition voices using legal measures. Presidential Decree No. 2 remains in effect; its requirement for newspapers to re-register is feared by the independent media to be a possible means of preventing them from functioning during the run-up to the elections. The new Electoral Code, passed on 11 February, contains strict regulations for access to state media in the run-up to the autumn elections and, in parts, has an incoherent and unclear structure. While ARTICLE 19 applauds the president’s government’s decision to consider amendments in order to democratise this document and to improve its organisation, the organisation understands that the amendments passed on 22 June have not been sufficient to bring about any positive, substantive changes to the original electoral code’s questionable, restrictive provisions.
The above mentioned arrests and imprisonment of prominent opposition leaders merely for holding differing views from the government, unlawful interference with media freedom, and increase of legal controls on freedom of expression are in direct breach of Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Belarus is signatory. In addition, they violate Article 25 of the ICCPR which provides for the right of citizens to participate in elections and for the “free expression of the will of the electors”.
Recommended Action
Send appeals to the president:
– urging him to intervene and annul the sentences issued to Schukin and Statkievich in order for them to participate freely in the forthcoming elections
– calling upon his government to revoke the warnings threatening “Nasha Niva” and
“Belaruskaya Delovaya Gazeta” newspapers, and to disclose information on and conduct a thorough investigation into the disappearances of Zakharenko and Gonchar
– urging him to substantially amend the legal framework, including the Law on Press, the Electoral Code and Presidential Decree No. 2 to bring them in line with the international standards on freedom of expression and political participation
– calling on him urgently to take specific and positive steps to ensure that the upcoming elections are conducted in a free and fair manner
Appeals To
APPEALS TO:
Mr. Alexandr Lukashenko
President of the Republic of Belarus
pl. Nezavisimosti
220010 g. Minsk
Republic of Belarus
Fax: +375 172 23 58 25
E-mail: ires@president.gov.by
Please copy appeals to the source if possible.