REVIEW-CHRONICLE OF THE HUMAN RIGHTS VIOLATIONS IN BELARUS IN 2002 2 REVIEW-CHRONICLE OF THE HUMAN RIGHTS VIOLATIONS IN BELARUS IN 2002 PREFACE: GENERALIZATIONS AND CONCLUSIONS 2002 brought about no changes for the better in the overall situation with human rights in Belarus. In spite of certain traits witnessing the regime liberalization the official politics was still accompanied with violations of international standards in the branches of human rights and the national legislation. The situation with freedom of conscience and liberty of speech has become considerably worse. Still violated are the civil rights to peaceful assemblies, participation in unions and associations, exists criminal persecution for political reasons, the problem of the missing Belarusian politicians and public activists remains unsolved. Absence of just, objective, independent and objective court impedes defense of the violated rights… For the Belarusian State human rights still aren’t the irreversible principle that should dominate in all manifestations of the State policy. The highest level authorities are constantly speaking of human rights violations as an informational campaign of certain politicians aimed at pressurization of the government. The attention of international organizations to human rights violations in Belarus is almost always treated as an attempt of interference with internal affairs of Belarus. The interest of AMG OSCE to human rights issues resulted in extrusion of OSCE Belarusian mission. The authorities refused to prolong visas to members of AMG OSCE, violating the earlier diplomatic agreements. The Belarusian authorities try to conceal the internal human rights issues from international observers. Conflict with OSCE is not the only example. The international experts who wanted to take part in the conference International Standards of Democratic Election and Belarusian legislation, organized by Human Rights Center Viasna in December 2002 were denied access to Belarus. The members of the Russian Parliament Boris Nemtsov and Irina Khakamada were deported from the country with violation of their status. On the other hand, the authorities limit the right to go abroad for those who can speak truth about the situation in Belarus. After four years of jail the political prisoner Andrei Klimaw couldn’t take part in international human rights conferences as it was prohibited to him to go out of the country. Persecution for Other-mindedness Probably, in the recent years there hasn’t been any assault on independent mass media that could be compared to the latest one: “the cleansing of the informational space”. The struggle against the liberty of speech started in 2001 during the Presidential REVIEW-CHRONICLE OF THE HUMAN RIGHTS VIOLATIONS IN BELARUS IN 2002 3 electoral campaign as a part of the informational policy of the incumbent President. Despite certain hopes that this struggle was exclusively election-motivated in 2002, after the election, relations of the press and the authorities didn’t become any better and even worsened significantly. The regime declared war against the only mechanism that in some way limited the authoritarian self-will towards the independent press. The governing administration deliberately destroyed all independent, non- controlled information sources. The State propaganda strategy is rooted mainly in the monopoly of the State media and eradication of alternative sources. Journalists faced unspeakable pressure. Persecution for other-mindedness became systematic and was accompanied by liquidation of newspapers, arrests of correspondents, criminal persecution of journalists and editors, censorship, unreasoned and overrated amounts of suits of State officials against independent editions. In this case we evidently deal with the thoroughly elaborated State policy that gets its power in absence of objective and fair trial in the country. One of the displays of this policy was the legislative prohibition to publish in the mass media opinion polls results without a special license. Never was in Belarus closed so many independent newspapers during one year. The end of 2001 brought about the closure of the Horadnia newspaper Pahonia – one of the most influential regional editions. In 2002 this practice got a further boost: political pressure suspended such newspapers as Rabochiy (editor-in-chief was sentenced to two years of limited freedom for defamation of the President), Nasha Svaboda (court satisfied the suit of A. Tozik, Chairman of State Control Committee, to the newspaper), Mestnoye Vremya, Volny Horad (Krychaw). On the other hand, the authorities refuse to register non-State editions. They refused to register such newspapers as Maladziovy Vesnik (Kobryn), Liusterka (Pinsk), Novy Vek (Horadnia), Kalozha (Horadnia). Liquidation of the newspaper Nasha Svaboda was a result of its independent and objective position. The editorial staff of the newspaper consciously published the materials that revealed corruption in the inner circles of President Lukashenka’s administration. The public explication of certain dark sides in the life of Belarusian officials, their ties with business, including semi-criminal ones, couldn’t remain unpunished. Disclosure of corruption in the highest echelons of power is the exclusive prerogative of President. It is defined by the system, established in the sphere of the State policy: a functionary has the “moral right to corruption” as long as the regime needs him/her. Existence of compromising materials is a guarantee of personal devotion to the regime. If a functionary “exceeds the limits” or there’s doubt in his/her loyalty, the materials are given out to the Law machinery with the order to make a “public execution”. It is confirmed by the scheme, used in the notorious cases of enterprise 4 REVIEW-CHRONICLE OF THE HUMAN RIGHTS VIOLATIONS IN BELARUS IN 2002 directors in 2001 and 2002. Such system can’t bear journalist investigation and big stink in press about corruption in the State bodies. It is quite interesting that the A. Tozik, Head of State Control Committee, filed his suit against Nasha Svaboda to court after Lukashenka personally stated the necessity to “make short work of certain oppositional mass media”. The suit that had no factual provision took surprisingly little time – five days, the court consideration lasted for only nine hours. The newspaper Nasha Svaboda shared the fate of two previous editions, founded by Pavel Zhuk, liquidated under the State pressure. As a result of the conflict among the founders of the newspaper Svobodnye Novosti fomented by the authorities the newspaper ceased to exist. The newspaper founders say that the Ministry of Information did everything possible to close it. One of the co- founders decided that change of public position can spare him from the problems that usually face independent mass media. The other co-founders didn’t support this change of editorial policy, but the Ministry of information’s actions advanced the date of the newspaper’s demise. The State-owned Belarusian Printing House refused to publish the newspaper-descendant -- Svobodnye Novosti Plus, the State post network refused to deliver it to subscribers. After the change in the top management in the Belarusian Federation of Trade Unions the editor-in-chief of the trade union newspaper Belaruski Chas Aliaksandr Starykevich had to leave the editor’s chair. The decision to fire him was taken by the new FTU Chairman Leanid Kozik with rude violations of the working legislation and was connected with Starykevich’s support to ex-Chairman of FTU U. Hancharyk when the latter balloted to the presidential position. Workers of the editorial staff confirm that the new authorities of the newspaper try to get rid of old workers for political reasons. The country saw the introduction of discriminative conditions for distribution of independent newspapers in comparison to the State ones. The exaggerated rates for distribution of independent editions lead to disappearance of Denn and Belaruskaya Maladziozhnaya. People, who distribute independent press in the regions, are often arrested. Court persecution touched authors of publications in Belorusskaya Delovaya Gazeta and Narodnaya Volia and. The editors of the newspaper were punished by the court, the editorial equipment was confiscated. Founder of Shklowskiya Naviny was punished as well, the editorial equipment was confiscated. Orsha newspaper Kutseyna was fined, the editorial equipment was also confiscated. REVIEW-CHRONICLE OF THE HUMAN RIGHTS VIOLATIONS IN BELARUS IN 2002 5 Warnings of the Ministry of Information for alleged law violations by mass media remain one of the pressure methods employed. In 2002 such warning was issued to the biggest independent newspaper Narodnaya Volia and Nasha Niva. Two warnings within one year may result in the liquidation of an edition. That’s why even single warning makes an editorial staff to adjust its policy for fear of another warning. At the same time, the law violations and insulting articles by State newspapers are ignored by the law machinery. In 2002 the State mass media often gave publicity to false and insulting information about Protestants. Despite evident absurdness of these materials, the Ministry of Information didn’t react. The largest State edition Sovetskaya Belorussiya accused the youth activist Aliaksey Shydlowski of alimony evasion, the crime that he had not commited. In this case the court took the evidently unfair decision not to satisfy Shydlowski’s suit. The motivation of