A/HRC/20/8
Code (“Illegal crossing of State borders by a person previously denied entry into the
country”).49
62.
The Human Rights Centre Viasna has also been repeatedly targeted by the
authorities. Since cancelling its registration in 2003, the Belarusian authorities threatened
Viasna Chairman Ales Bialiatski (also the Vice-President of the International Federation for
Human Rights and a member of the Belarusian Association of Journalists) with criminal
prosecution for “unauthorized NGO activity” (Criminal Code, art. 193.1). The latest
warning was issued in April 2011. On 20 December 2010, KGB officers reportedly raided
the Viasna offices, seized computers and documentation, and detained 10 staff members,
who were released later the same day. On 4 August 2011, Mr Bialiatski was again arrested,
placed in a pretrial detention centre of the Ministry of the Interior and charged with tax
evasion. On 24 November, he was sentenced by the Pershamayski District Court in Minsk
to four and a half years of maximum security imprisonment and his property confiscated.50
Mr Bialiatski was convicted for “concealment of incomes on an especially large scale”
(Criminal Code, art. 243.2). The court ruled that Mr Biliatski had intentionally avoided
paying taxes from the money he allegedly kept in bank accounts abroad; the court
disregarded the fact that the money was not Mr Bialiatski‟s personal income. He appealed
against the verdict, which was, however, confirmed on 24 December 2011 by the Minsk
City Court. In February 2012, Mr Bialiatski was taken to Babruysk correctional colony No.
2.51 Another Viasna member, Valiantsin Stefanovich, was also found guilty of tax evasion
and, on 16 December 2011, the court in Minsk sentenced him to a fine for having concealed
income.
63.
The defamation campaign launched by Government-controlled media against
leaders of the political opposition also targeted human rights defenders and journalists. For
example, the Internet website “Traitors” (www.predateli.com), which is linked to the group
of supporters of the incumbent President,52 contains names and pictures of human rights
activists, journalists and opponents of President Lukashenka and is considered part of a
smear campaign aimed at silencing dissidents.
G.
Administration of justice, right to a fair trial, and independence of
judges and lawyers
64.
Several lawyers defending opposition leaders arrested after the rally of 19 December
2010 have reportedly faced intimidation and threats. They have been prohibited from
revealing violations of their clients‟ rights and the state of their health while in detention;
some of them have been able to meet with clients only once since the arrest. Mykalai
Statkevich, Zmitser Bandarenka and Siarhei Martseleu were allowed to contact their
lawyers only after several weeks of detention. Some were unable to meet their clients
privately, their meetings taking place in the presence of an investigator.
65.
On 29 December 2010, the Ministry of Justice accused some lawyers of abusing
their professional role by “presenting information about the investigation, their clients‟
opportunities to use legal assistance, their clients‟ state of health and prison conditions, and
the work of law enforcement bodies of the country in a biased manner”.53 On 5 January
2011, the Ministry issued a warning to several defence lawyers of imprisoned opposition
49
50
51
52
53
16
See Front Line Defenders, www.frontlinedefenders.org/node/14732, 17 March 2011.
See Belarusian Association of Journalists, http://baj.by/en/node/9099, 24 November 2011.
See Naviny.by, http://naviny.by/rubrics/society/2012/02/17/ic_news_116_387234/, 17 February 2012.
See www.lukashenko2008.ru.
Front Line: Protection of Human Rights Defenders, appeal of 14 January 2011.
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