WHEELS GRIND IN DETAINED BELARUSIAN COURIER CASE

C O N F I D E N T I A L SECTION 01 OF 02 VILNIUS 000751

SIPDIS

STATE FOR EUR/NB AND EUR/UMB

E.O. 12958: DECL: 07/19/2015
TAGS: PREL PGOV EAID BO LH
SUBJECT: WHEELS GRIND IN DETAINED BELARUSIAN COURIER CASE

REF: VILNIUS 732

Classified By: Political/Economic Officer Alexander Titolo for reasons
1.4 (b) and (d)

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SUMMARY
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1. (C) The GOL is keen to resolve the case of a Belarusian
courier detained while carrying undeclared cash for an NGO in
a manner consistent with its laws, while not undermining its
own support for democratic change in Belarus. The GOL is
focused on two challenges: resolution of the case, and
disposition of the money. Both of these issues necessitate a
large measure of delicate GOL interagency coordination, which
to this point has not been achieved. This drama will likely
rise to the highest levels of the Government, and could drag
on for some time. END SUMMARY.

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LEGAL SITUATION
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2. (C) We met with Anna Gerasimova on July 18 at the
Embassy. Gerasimova is a Belarusian courier for the
International Research and Exchanges Board (IREX) who was
detained on July 8 by Lithuanian Border Police at the
Lithuania-Belarus border while carrying US$25,000 in
undeclared funds (reftel). After Gerasimova had spent
several days in jail, GOL authorities agreed to release her
into the custody of her court-appointed attorney. She had
just come from a brief court hearing at which she was
required to confirm the authenticity of the original
statement she gave to investigators. The next step in the
legal process will be a trial currently slated for August 9.
She said that from what she has been told by GOL officials,
she expects the court to impose a fine (which would imply a
conviction),but not imprisonment.


3. (C) MFA Undersecretary Albinas Januska on July 19 assured
CDA that Gerasimova will not need to serve any additional
jail time. Januska stated that the MFA was engaged in
conversations with the prosecutor's office with the goal of
finding a solution obviating the need for a trial. He said
that the issue has the attention of the highest levels of the
Government, and that the MFA was waiting for Prime Minister
Brazauskas to return from vacation on August 1 to help settle
the interagency deadlock. Januksa predicted that this case
could drag on "into the autumn."

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DISPOSITION OF THE MONEY
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4. (C) Januska said that the Financial Crimes investigators
transferred the seized funds to the government treasury, in
accordance with Lithuanian law. He stated that the MFA fully
understands that the money comes from USAID, and is working
within the GOL to see how they can return it to IREX or the
USG. However, the MFA does not have the authority to simply
disburse US$25,000. Januska said the MFA is trying to
convince the Ministry of Finance to appropriate US$25,000 to
replace the seized funds. He said this issue may also
require a decision from the Prime Minister.

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CLARIFICATION OF CHAIN OF EVENTS
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5. (C) Gerasimova told us that, contrary to prior reports,
she had the money on her person, not hidden in the car. As
such, the Lithuanians saw no reason to hold the other two
individuals traveling with her, who claimed no knowledge of
the money. They both returned to Belarus without incident.

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MINSK REGIME AWARE OF ARREST
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6. (C) Gerasimova said that the Lithuanian investigators
contacted their Belarusian counterparts the morning after her
arrest, disregarding her request not to. She said that the
Lithuanians seem to have gotten the message since then that
their own Government did not want to draw attention to the
case, and are now saying nothing to the Belarusian Embassy in
Vilnius beyond the fact that she is involved in legal
proceedings here. Gerasimova told us that the GOL is
presently in contact with Belarusian law enforcement
institutions in order to confirm that she does not have a
criminal history in Belarus. She described this as a
necessary step in preparing for her trial according to
Lithuanian law.
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GERASIMOVA'S FUTURE
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7. (C) Gerasimova said she is concerned that if she is
convicted and the records of the case are made public, she
would face harassment or worse from the Government of Belarus
once they connect the dots from her to IREX. She believes
that if the charges are dismissed, the GOB will have no
reason and no excuse to pay extra attention to her upon her
return. She said she intends to return to Belarus after her
situation in Lithuania is resolved.


8. (C) Januska opined that Gerasimova should not return to
Belarus, but rather apply for asylum in Lithuania. CDA
informed him that she had every intention of returning to
Belarus, as she told us in our meeting. He expressed alarm
at this notion. Januska suggested that the GOL and the USG
consult with their respective missions in Minsk to ensure
that it will be safe for her to return, and revisit the issue
in the future.

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COMMENT
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9. (C) Januska's assessment that no swift resolution is in
the offing indicates that the GOL's interagency has not yet
found a solution that meets its dual needs to uphold the law
and prevent a diplomatic mess. We still believe the GOL will
move forward in resolving this case, mainly because the MFA,
and the GOL in general, stands to lose credibility as a
regional advocate of democracy if the Minsk regime is able to
manipulate Gerasimova's situation to its own advantage. We
will continue to work through the MFA to ensure that the
varied USG interests at stake in this case are protected.
Kelly