Three Years In Jail for Discrediting Belarus

C O N F I D E N T I A L SECTION 01 OF 02 MINSK 001437

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/02/2015
TAGS: PGOV PREL BO
SUBJECT: Three Years In Jail for Discrediting Belarus


Classified by Ambassador George Krol for Reasons 1.4 (B,D)


1. (U) Summary: Belarus' lower house of Parliament on
November 25 approved in first reading amendments to the
criminal code that would make it a criminal offense to
participate in demonstrations or give "false" information
to foreign entities and international organizations.
Though still requiring a second reading in the lower house,
a reading in the upper house, and the President's signature
before coming into force, Lukashenko demanded it be
implemented by January 2006, practically guaranteeing that
the amendments would soon become a law. The BKGB chief
supported the move, admitting it would prevent opposition
forces from causing trouble during the presidential
elections. Opposition and political activists condemned
the bill, likening it to oppressive measures used in the
Soviet Union to eradicate all anti-GOB and pro-change
voices in society. End Summary

The Repression Overwhelmingly Approved
--------------


2. (U) On November 25, Belarus' House of Representatives
(the lower house) approved the first reading of a bill that
would amend the country's criminal code and criminal
procedure. Submitted by Lukashenko on November 23 and
marked "urgent," the amendments would introduce prison
sentences for activities deemed "revolutionary" and
threatening to Belarus' stability. The first reading
overwhelmingly passed in a 94-to-one vote. To become a
law, the lower house needs to approve the bill in a second
reading, the upper house to approve it, and then the
President would have to sign it. Despite only passing its
first step in the Belarusian "legal" process, Lukashenko
expects the bill of amendments to take effect in January

2006.

The Nuts and Bolts of the Bill
--------------


3. (U) The bill is aimed to toughen punishment for
activities ostensibly directed against the citizens and
public security. Such activities include participating in
street protests, telling "lies" about Belarus to foreign
countries, and soliciting foreign help in attacking
Belarus' sovereignty. The punishment for training people
to participate in events that "flagrantly violate the
public peace" would be six months in a local jail or two
years in prison. [Notes: A jail sentence would be time
served in a local police station or detention center
whereas a prison sentence would be served in one of the
high security prisons in the country.] Training people to
take part in "mass riots" or financing such riots would
carry a six-month jail sentence or three years in prison.
Soliciting foreign countries or international organizations
to act "to the detriment" of the country's "security,
sovereignty, and territorial integrity" and/or the
distribution of material containing such appeals would
result in a six to 36-month jail sentence or up to five
years in prison. Distributing such appeals via the media
would carry the same punishment.


4. (U) The bill includes a new article to the criminal code
called "Discrediting the Republic of Belarus." The article
states that presenting a foreign country or international
organization with false information about the political,
economic, social, military, and international situation in
Belarus would result in up to six months in a local jail or
two years in prison. Providing information about
government agencies or the rights of Belarusian citizens
carries the same punishment.


5. (U) Making public appeals for power seizure or a
"violent" change of the constitutional system is punishable
with six months in jail or three years in prison.
Organizing and/or participating in activities of
deregistered NGOs or foundations could result in a six-
month jail sentence or two years in prison. Members of
these organizations who voluntarily notify the appropriate
authorities when these laws are broken, however, are exempt
from punishment.

The True Purpose
--------------


6. (U) Chair of the BKGB Stepan Sukhorenko told reporters
on November 25 that the amendments would discourage
opposition forces from staging street protests during the
2006 presidential elections. According to Sukhorenko, the
main threat to Belarus' stability does not come from the
opposition, but from abroad (i.e. U.S. and EU). The

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opposition knowingly discredits Belarus in the
international arena in order to increase Western pressure,
contributing to the country's destabilization. Sukhorenko
claimed the opposition forces were training activists to
organize mass disturbances at militant camps in the Vileika
and Krupki districts and in neighboring countries.
Sukhorenko regretted that the bill of amendments was not
adopted earlier and opined it was a measure to prevent
rioters from taking to the streets with "guns, petrol bombs
and iron rods."

Civil Society Leaders Outraged
--------------


7. (U) Leader of the United Civic Party Anatoly Lebedko
called the bill a clear indicator of President Lukashenko's
intent to use force to remain in power. Lebedko noted that
the bill violated the Constitution of Belarus and proved
that Lukashenko does not have complete control over the
people and not supported by the majority of Belarusians.
Sergei Voznyak of the Belarusian Party of Communists and
Aleksei Korol of the Belarusian Social Democratic Party
"Hramada" are concerned that the bill would give the BKGB
free reign to intimidate the opposition and stifle dissent.
Korol called the bill a historical phase of dictatorship,
the next one being judicial executions. Independent
analyst Sergei Balykin called the bill a revival of the
Soviet system and likened it to the 1961 Belarusian Soviet
Socialist Republic criminal code, the "Anti-Soviet
Campaigning and Propaganda."


8. (C) On November 29, Poloff met with Belarusian Helsinki
Committee human rights lawyer Garry Poganyailo. Poganyailo
and other human rights activists released a statement on
November 28 condemning the bill as a tool to crush any
opposition ahead of the elections. Poganyailo noted that
the "Discrediting the Republic of Belarus" amendment is an
almost verbatim copy of amendments adopted by Joseph Stalin
and Nikita Krushev during the Soviet Union.


9. (C) Poganyailo believed Lukashenko ordered the bill to
be processed quickly so to eradicate any sense of
opposition within the population by February, the month
when the Parliament will establish the 2006 election date.
According to Poganyailo, this bill could turn into a law as
early as December 10. Once implemented, Poganyailo
predicted Belarusian NGOs and political parties can expect
liquidations and a major movement underground. He added
that one aspect of the bill, the authorities' right to
detain individuals for ten days for alleged terrorist or
hooliganism, would also allow the GOB to detain all
political leaders and election observers on the eve of
elections and hold them until the results are well
established and irreversible. From Poganyailo's
perspective, this new bill and the buildup of OMON (riot
police) forces in Belarus is a clear indication that any
demonstration before, during, and after the elections will
be brutally crushed.

Comment
--------------


10. (C) This action reveals the regime's underlying
paranoia, belying Lukashenko's confident assertions that
all is well in stable, peaceful Belarus. The GOB does not
need this legislative measure to enforce its will Q it has
the tools to repress whomever it wants. However, the
legislation will further chill the atmosphere and cow
already fearful potential activists. Moreover, the bill
could make it much more difficult for Post to engage and
report on civil society as part of its normal diplomatic
activities. Post presumes that the few hard-core
opposition will remain outspoken. Nonetheless, this
legislative action is a civil measure harking back to the
Cold War and the U.S. (and EU) should make clear to the
Belarusians our dismay and implications of its passage.

KROL