Situation in the Field of Human Rights in Belarus in 2008 Analytical Review Minsk 2009 ANALYTICAL REVIEW 2008 Situation in the Field of Human Rights in Belarus in 2008 Analytical Review Compiled by: Ales Bialiatski Tatsiana Reviaka Valiantsin Stefanovich Yury Chavusau Edited by: Ales Bialiatski Tatsiana Reviaka The Review provides a profound analysis of the situation in the sphere of Human Rights in Belarus in 2008. The edition features the most typical and apparent facts of Human Rights violations within the period under analysis. The Review was compiled on the basis of personal claims by victims of Human Rights violations and facts registered by Human Rights activists, as well as information from open sources (www.spring96.org, www.baj.org, www.nn.by etc.) The book is accompanied with photographs by www.spring96.org, www.photo.bymedia.net, www.nn.by, www.svaboda.org, www.charter97.org. ISN 983-5-002088-22-8 2 ] INTRODUCTION Introduction 2008 demonstrated the development of different processes in the sphere of Human Rights in Belarus. On one hand, Belarusian authorities continued their traditional practice of strong restriction of civic and political freedoms in the country, on the other hand, we observed significant changes that have practically created a new situation and laid the foundation for cautious optimism. The actions of authorities were based on two basic assumptions: keeping control over the Belarusian society (using a whole range of various repressive methods), and improvement of relations with the European Union through certain concessions in the sphere of Human Rights. Alexander Lukashenka has traditionally served as the mouthpiece of the official state policy in the civic and political development of the country. In February 2008 he characterized the external political trends in the actions of the Belarusian government, stressing the desire to preserve an independent policy in relations with Russia: “For instance, the form of incorporation of Belarus into Russia is unacceptable for us. This will be like Chechnya, but in the West.” A. Lukashenka explained why the government had to find ways to normalize relations with the countries of the European Union: “Recent developments and the superpragmatic stance that the leadership of the Russian Federation has taken show that we cannot rely on just one market, even if we have close and brotherly ties with this state.” That is why diversification of the economic relations was chosen: “We have very good relations with Russia; we have brilliant relations with Ukraine. So we should have good relations with the European Union as well. It is our neighbor”, the president noted. In February Belarusian Minister of Foreign Affairs, Sergey Martynau, visited Berlin. In the opinion of Uta Zapf, member of the Bundestag and head of the OSCE Parliamentary Assembly’s Subcommittee for Belarus, “Minister Martynau’s participation in the conference for security and his further talks in Berlin gave a signal that the country was ready for the dialogue with Europe…” Martynau said: “It takes two to tango”. Political prisoners in the country were one of the main obstacles on the path to normalizing relations between the Belarusian government, [ 3 ANALYTICAL REVIEW 2008 the European Union and the United States. In the beginning of 2008 youth leaders Zmitser Dashkevich and Artur Finkevich, politicians Alexander Kazulin and Andrei Klimau, entrepreneurs Mikalai Autukhovich and Yury Liavonau were in prison. On January 18th, after three months in pre-trial detention center, journalist Alexander Zdzvizhkou was sentenced to three years of imprisonment. Civic activist Valery Misnikau was kept in a psychiatric hospital, Alexander Kruty was retained in custody waiting for trial. Although the Belarusian government denied the existence of political prisoners in the country, high-ranking representatives of the European community insisted that improvement of EU-Belarus relations was possible only with their release. This demand was also among the twelve conditions of the European Union for Belarus, formulated in 2006. In this situation the government could do nothing but release the political prisoners ahead of time. In the beginning of the year four prisoners were released: Mikalai Autukhovich got liberty on January 18th, Yury Liavonau – on January 21st, Zmitser Dashkevich – on January 23rd, and Artur Finkevich – on February 5th. Already on February 12th A. Lukashenka reported about the absence of political prisoners in the country: “We have turned over this painful page in our relations with the West, and we are the first to offer a breakthrough. Now it is European Union’s turn to demonstrate its good will towards the Belarusian people”. However, European structures and the United States continued to insist upon the release of the rest of political prisoners. PACE President Louis Maria de Puig stated “the release of all political prisoners is a firm demand of PACE”. The same was said by the United States Embassy: “The United States of America continuously insists on the release of all political prisoners in Belarus”. Under the international pressure the authorities released Andrei Klimau on February 16th, and Alexander Zdzvizhkou – on February 22nd. Alexander Kruty was let out of Zhodzina detention centre on February 19th. A. Lukashenka again claimed that “the Opposition is set free”, and “we can make this step in order to normalize the relations with Europe”. Greeting the early release of the activists of the pro-democratic opposition, the European parliament passed a resolution on February 22nd, urging the Belarusian government “to immediately and uncon- ditionally release the last political prisoner” – the former presidential candidate in the election-2006 Alexander Kazulin. However, his release was delayed, and only on February 15th, answering journalists’ questions in Vitebsk, Alexander Lukashenka revealed the reasons for that: “I have 4 ] INTRODUCTION decided to free the people whose release the West and the USA had been standing up for. As far as I have been informed, Kazulin was the only one who was not satisfied with the situation. The question was that his wife was ill… Today there is a question about her treatment in Germany, and that she needs her husband to accompany her.” This way, the authorities wanted to release Kazulin as if because of the illness of his wife. Volha, the daughter of the political prisoner, said they were ready to release Kazulin under the condition that “he would have no right to enter in Belarus for a certain period of time.” However, Kazulin and his family refused such a trade-off. Kazulin’s wife Iryna claimed in the open letter, “The things that his [Lukashenka’s — Author] messenger told us were unacceptable. That would be a disgraceful flight from the country.” Alexander Kazulin remained behind bars. The situation became really dramatic with Iryna Kazulina’s death on February 23rd. In conjunction with her death the European Union expressed the hope for “immediate and unconditional release of Alexander Kazulin, which could become a human step and would allow him to attend his wife’s funeral”. Commissioner for External Relations and European Neighbourhood Policy Benita Ferrero-Waldner stated: “I am calling on Belarusian authorities one more time to release A. Kazulin.” The European Parliament’s delegation for Belarus also called on the Belarusian government to allow Kazulin to attend his wife’s funeral, and stood up with the appeal to set him free. The PACE Rapporteur on Belarus Andrea Rigoni addressed appeal to the Belarusian authority “to immediately release Alexander Kazulin, in time for him to attend his wife’s funeral... The authorities cannot bring Mrs. Kazulina back to life but they can and must give Alexander Kazulin his unconditional freedom.” The same appeal was made by Hans-Jochen Schmidt, head of the OSCE Office in Minsk. But Belarusian authorities were not eager to make such a decision. 25 February A. Kazulin’s daughters Yulia and Volha went on a hunger strike. They demanded for the release of their father for him to attend the funeral and warned the funeral would not take place without his presence. The prisoner himself declared his intention to start a dry hunger strike as a protest as well. Public activists and Human Rights advocates announced holding daily actions demanding to free Mr. Kazulin at least for the funeral. The authorities could not face such pressure and on 26 February Alexander Kazulin received a three-day leave to attend his wife’s funeral. [ 5 ANALYTICAL REVIEW 2008 During the next months there were continual demands from the international community to release Alexander Kazulin. The head of the European Parliament Hans-Gert Poettering said that negotiations with Minsk are impossible without A. Kazulin’s release. The demand to “immediately free Alexander Kazulin” was pronounced by the EU Supreme Representative on foreign and security policy Xavier Solana. March, 7 th in regard to signing the agreement on opening the European Commission representative office in Minsk, the EU Commissioner Benita Ferrero-Waldner expressed hope that “The opening of the EC delegation and the release of several political prisoners over the past days can help us build positive momentum. I look forward to Belarus confirming these signals with the release of Mr. Kazulin.” Certain steps to free A. Kazulin were made by the U.S. administration. The U.S. Assistant Secretary of State for Democracy, Human Rights, and Labor, David Kramer, said that “expectations that Kazulin would be released in February, as had been promised, or after the funeral of his wife, as it seemed later, were not realized.” Meanwhile the Deputy Assistant Secretary of State, David Merkel, informed that an agreement was signed with Belarusian authorities according to which “all six political prisoners are to be released simultaneously. The Belarusian regime was either unable or did not want – I think it’s clear it did not want – to release Alexander Kazulin”.