Amending Decision 2012/ 642/ CFSP Concerning Restrict
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30.10.2015 EN Official Journal of the European Union L 284/149 COUNCIL DECISION (CFSP) 2015/1957 of 29 October 2015 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 15 October 2012, the Council adopted Decision 2012/642/CFSP (1). (2) On the basis of a review of Decision 2012/642/CFSP, the restrictive measures against Belarus should be extended until 29 February 2016. (3) The information relating to certain persons and entities on the list of persons and entities subject to restrictive measures as set out in the Annex to Decision 2012/642/CFSP should be updated. (4) Following the judgment of the General Court of 6 October 2015 in Case T-276/12, Y. Chyzh and others v Council (2), there are no longer grounds for keeping four entities on the list of persons and entities subject to restrictive measures as set out in the Annex to Decision 2012/642/CFSP. (5) Furthermore, the Council considers that the restrictive measures imposed on certain persons and entities designated under Decision 2012/642/CFSP should be suspended until 29 February 2016. (6) Decision 2012/642/CFSP should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Council Decision 2012/642/CFSP is hereby amended as follows: (1) Article 8 is replaced by the following: ‘Article 8 1. This Decision shall apply until 29 February 2016. 2. The measures referred to in Article 3(1) and Article 4, in so far as they apply to persons or entities listed in Annex II, shall be suspended until 29 February 2016. 3. This Decision shall be kept under constant review and shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’; (2) the Annex is hereby amended as set out in Annex I to this Decision and the term ‘Annex’ shall be replaced by ‘Annex I’ throughout Decision 2012/642/CFSP, except for Article 6(1), in which the term ‘the Annex’ shall be replaced by the term ‘Annexes I and II’; (3) the text of Annex II to this Decision shall be added as Annex II to Decision 2012/642/CFSP. (1) Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus (OJ L 285, 17.10.2012, p. 1). (2) Judgment of the General Court (First Chamber) of 6 October 2015. Yury Aleksandrovich Chyzh v Council, T-276/12, ECLI:EU:T:2015:748 (not yet published in the Reports of Cases). L 284/150 EN Official Journal of the European Union 30.10.2015 Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. Done at Brussels, 29 October 2015. For the Council The President J. ASSELBORN 30.10.2015 EN Official Journal of the European Union L 284/151 ANNEX I I. The following entities are deleted from the list set out in Part B (Entities) of the Annex to Decision 2012/642/CFSP: 8. LLC Triple Metal Trade 10. JV LLC Triple-Techno 18. MSSFC Logoysk 19. Triple-Agro ACC II. The entries for the following persons set out in Part A of the Annex to Decision 2012/642/CFSP are replaced by the following: Names Transcription of Be Names Names larusian spelling Identifying Information Reasons for listing (Belarusian spelling) (Russian spelling) Transcription of Russian spelling 4. Alinikau Siarhei АЛИНИКАЎ, АЛEЙНИКOВ, Address: Major, head of operative unit of pe Aliaksandravich Сяргей Сергей Исправительное nal colony IK-17 in Shklov. Exerted (Alinikau Siarhey Аляксандравич Aлександрович учреждение ‘Исправи pressure on political prisoners by Alyaksandravich) тельная колония № 17’ denying their right to correspond Aleinikov Sergei управления Департамента ence and meetings, issued orders to Aleksandrovich исполнения наказаний subject them to a stricter criminal МВД Республики Беларусь regime, searches, and made threats по Могилевской области, in order to extort confessions. He г. Шклов, Могилевская was directly responsible for violat область ing the human rights of political prisoners and opposition activists in 2011-2012 by using excessive force against them. His actions consti tuted a direct violation of the inter national commitments of Belarus in the field of human rights. 7. Ananich, Liliia АНАНIЧ, Лiлiя АНАНИЧ, Лилия DOB: 1960 Minister of Information since Stanislavauna Станiславаўна Станиславовна Place of birth: Leonovo, 30.6.2014, former First Deputy (Ananich, Lilia district of Borisov, region Minister of Information. She has Stanislavauna; of Minsk played a major role since 2003 in promoting state propaganda, which Ananich, Liliya ID: 4020160A013PB7 Stanislavauna) provokes, supports and justifies the Address: repression of the democratic oppo Ananich, Liliia sition and of civil society, and by Stanislavovna 220004, г. Минск, пр. Победителей, 11 Минис suppressing the freedom of the (Ananich, Lilia терствo информации media. Democratic opposition and Stanislavovna; Belarus civil society are systematically high Ananich, Liliya lighted in a negative and derogatory Stanislavovna) way using falsified information. L 284/152 EN Official Journal of the European Union 30.10.2015 Names Transcription of Be Names Names larusian spelling Identifying Information Reasons for listing (Belarusian spelling) (Russian spelling) Transcription of Russian spelling 10. Atabekau, АТАБЕКАЎ, АТАБЕКОВ, Address: Colonel, Deputy Head of Depart Khazalbek Хазалбек Хазалбек Главное Управление Ко ment of fight training of the Minis Bakhtibekavich Бактiбекавiч Баxтибекович мандующего Внутренними try of Interior's troops, former com Atabekov, (АТАБЕКОВ, Войсками mander of a special brigade of Inte Кхазалбек rior Troops in the Uruchie suburb Khazalbek 220028 г. Минск, ул. Баxтибекович) of Minsk. He commanded his unit Bakhtibekovich Маяковского, 97 during the crackdown on the post- election protest demonstration in Minsk on 19 December 2010 where an excessive use of force was ap plied. His actions constituted a di rect violation of the international commitments of Belarus in the field of human rights. 11. Badak Ala БАДАК, Ала БОДАК, Алла DOB: 30.8.1967 Deputy Minister of Justice, in charge Mikalaeuna Мiкалаеўна Николаевна Passport Number: of the supervision of, and control Bodak Alla SP0013023 over, the Legal Bar, formerly in Nikolaevna charge of legal support to the insti Address: tutions that draft legislative and reg 220004, г.Минск, ул. ulatory acts. Коллекторная, 10 Минис She was responsible for the role and терство юстиции the action of the Ministry of Justice (10 Kollektornaya str.) and the judiciary of Belarus, which Belarus are major instruments of repression of the population, by elaborating laws that are repressive towards civil society and the democratic opposi tion. 12. Bakhmatau, Ihar БАХМАТАЎ, Irap БАХМАТОВ, Игорь Has been actively involved in the re Andreevich Андрэевiч Андреевич pression of civil society in Belarus. Bakhmatov, Igor As a former Deputy Head of the Andreevich KGB, in charge of the staff and the organisation of their tasks, he was responsible for the repressive activ ity of the KGB against civil society and democratic opposition. Reas signed to the reserve forces in May 2012. 16. Barouski БАРОЎСКI, БОРОВСКИЙ, Address: Deputy Prosecutor of the Oktiabrski Aliaksandr Аляксандр Александр Прокуратура Октя (Kastrichnitski) District of Minsk. He Genadzevich Генадзевiч Геннадиевич брьского района 220039 dealt with the case of Pavel Vinogra Borovski г.Минск, ул.Авакяна, 32 dov, Dmitri Drozd, Ales Kirkevich Aleksandr and Vladimir Homichenko. The ac Gennadievich cusation presented by him had a clear and imminent political motiva tion and was a clear violation of the Code of Criminal Procedure. It was based on an incorrect classification of the events of 19 December 2010, not sustained by evidence, proof or testimonies of witnesses. 30.10.2015 EN Official Journal of the European Union L 284/153 Names Transcription of Be Names Names larusian spelling Identifying Information Reasons for listing (Belarusian spelling) (Russian spelling) Transcription of Russian spelling 17. Barsukou, БАРСУКОЎ, БАРСУКОВ, DOB: 29.4.1965 General, Chief of Minsk police. Aliaksandr Аляксандр Александр Address: Since his appointment as Chief of Piatrovich Пятровiч Петрович Minsk police on 21 October 2011, Беларусь, 220007 Barsukov, he has been responsible, as com г. Минск, переулок До mander, for the repression of ap Aleksandr бромысленский, 5 Petrovich proximately a dozen peaceful pro ГУВД Минского Горис testers in Minsk, who were later полкома convicted for breaking the law on mass events. For several years he commanded police action against street protests of the opposition. 22. Bileichyk, БIЛЕЙЧЫК, БИЛЕЙЧИК, DOB: 1964 Former first Deputy Minister of Jus Aliaksandr Аляксандр Александр tice (until December 2014), in Uladzimiravich Уладзiмiравiч Владимирович charge of the judicial services, the Bileichik, civil status and the notaries' ser Aleksandr vices. His functions include the Vladimirovich supervision of, and control over, the (Bileychik, Legal Bar. He has played a major Aleksandr role in almost systematically debar Vladimirovich) ring lawyers who defended political prisoners. 25. Bulash, Ala БУЛАШ, Ала БУЛАШ, Алла Former Deputy President of the Kas Biukbalauna Бюкбалаўнa Бюкбаловнa trichnitski District Court of Minsk Bulash, Alla in charge of criminal matters and Biukbalovna former