A/HRC/4/16
page 9
despite the fact that this matter is res judicata and a final decision has not been rendered, the first
deputy chair of the Supreme Economic Court has filed a complaint against the court decision.
In 2005, the Ministry of Justice issued a warning to BHC: should BHC receive another similar
reprimand, it could be ordered to close down by the Ministry of Justice which must first apply to
the courts. In response to the warning, and in order to avoid being liquidated, BHC dissolved its
regional offices as legal entities but still has representatives who carry out activities in the
region. In late December 2005, the Supreme Economic Court reversed the decision of the Minsk
Economic Court. On 24 May 2006, the Belarusian Ministry of Justice asked the Supreme Court
to order BHC to suspend its activities. The Special Rapporteur was informed that on
5 December 2006 court bailiffs confiscated the Belarusian Helsinki Committee’s property,
including a computer, a fax machine and other office items. The human rights group is accused
of not having paid tax on financial aid received under the European Union TACIS programme,
despite the fact that, according to a Belarusian government decision, such aid is tax-exempt.
23.
Prior to and after the presidential election held on 19 March 2006, there were several
reports that independent organizations and the political opposition had been persecuted by the
authorities. On 29 March, seven special procedures mandate holders - the Special Rapporteur
on the promotion and protection of the right to freedom of opinion and expression, the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,
the Special Representative of the Secretary-General on the situation of human rights
defenders, the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the
Chairperson-Rapporteur of the Working Group on Enforced or Involuntary Disappearances, the
Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on
the situation of human rights in Belarus - issued a press release expressing concern at the large
number of violations of the rights to freedom of expression, freedom of association, a fair trial,
physical and mental integrity and to liberty.
24.
In a press release on 2 May 2006, the Special Rapporteur expressed grave concern
over the detention of opposition leaders Aleksandr Milinkevich, Vintsuk Vyachorka,
Aleksandr Buchvostau, and Sergei Kalyakin, who were arrested in Minsk on 27 April and
sentenced to 15 days of imprisonment on charges of organizing and participating in an
unauthorized protest rally, following their participation in a march to protest the Government’s
management of the Chernobyl nuclear accident of 1986. In this regard, he also joined an urgent
appeal sent to the Government by the Working Group on Arbitrary Detention and the Special
Rapporteur on freedom of opinion and expression. It is worth mentioning that in October the
European Parliament awarded the 2006 Sakharov Prize for Freedom of Thought to
Mr. Milinkievich in recognition of his personal efforts for greater democratic freedom and
human rights in Belarus.
25.
On 13 July 2006, Alyaksandr Kazulin, leader of the Belarusian Socialist Democratic
party Narodnaya Hramada and former presidential candidate, was sentenced to 5½ years’
imprisonment for “hooliganism” and “organization of group activities that breach public order or
active participation in similar activities”. The OSCE Chairman-in-Office, Belgian Foreign
Minister Karel De Gucht, expressed his deep concern that Belarus had tried to make an example
of Mr. Kozulin by imposing such a harsh sentence. On 19 September, the Minsk City Court
rejected the appeal and ruled that the July decision of the district court was justified. On
20 October, Mr. Kazulin started a hunger strike in order to protest against the lawlessness in
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