Identifier
Created
Classification
Origin
06MINSK1307
2006-12-27 13:00:00
CONFIDENTIAL
Embassy Minsk
Cable title:
COURT UPHOLDS FIRING OF ELECTION MONITORING
how-toVZCZCXRO4719 PP RUEHDBU RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR DE RUEHSK #1307/01 3611300 ZNY CCCCC ZZH P 271300Z DEC 06 ZDK FM AMEMBASSY MINSK TO RUEHC/SECSTATE WASHDC PRIORITY 5470 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY RUEHVEN/USMISSION USOSCE PRIORITY 1383 RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 MINSK 001307
SIPDIS
SIPDIS
E.O. 12958: DECL: 12/27/2016
TAGS: PGOV PHUM PREL BO
SUBJECT: COURT UPHOLDS FIRING OF ELECTION MONITORING
PROFESSOR
REF: MINSK 1166
MINSK 00001307 001.2 OF 002
Classified By: Charge Jonathan Moore for reason 1.4 (d).
Summary
-------
C O N F I D E N T I A L SECTION 01 OF 02 MINSK 001307
SIPDIS
SIPDIS
E.O. 12958: DECL: 12/27/2016
TAGS: PGOV PHUM PREL BO
SUBJECT: COURT UPHOLDS FIRING OF ELECTION MONITORING
PROFESSOR
REF: MINSK 1166
MINSK 00001307 001.2 OF 002
Classified By: Charge Jonathan Moore for reason 1.4 (d).
Summary
--------------
1. (C) A Minsk court recently upheld a university's decision
to fire a professor who had served as an independent election
observer during Belarus' fraudulent March 2006 presidential
elections. The university's case against reinstatement
rested upon hearsay witnesses and threats of criminal
investigations by prosecutors who closely monitored this
ostensibly civil case. The court decision provides yet
another sad example of the suppression of dissent in Belarus.
End summary.
Civil Court Threatens Criminal Proceedings
--------------
2. (U) On March 23, the state-controlled Belarusian
Pedagogical University fired Eastern Slavic and Russian
History Lecturer Yuriy Bacheshche for alleged "immoral
behavior." The university rector accused Bacheshche of
distributing video-computer discs with cartoon images that
violated Belarus' law against defaming President Lukashenko.
The accusation followed Bacheshche's refusal to turn over
notes from his service as an independent, non-partisan
observer in Minsk's Moskovskiy District during Belarus'
fraudulent March 19 presidential elections. Bacheshche filed
a civil suit for reinstatement in Moskovskiy District Court
against the university on April 19.
3. (U) Judge Vladimir Nikolayev suspended Bacheshche's
hearing on May 16 after the university failed tg provide the
discs in question, but informed Bacheshche that he would
possibly face criminal prosecution if the university proved
its allegations. At a follow up hearing on June 1, despite
the university's continued lack of evidence against
Bacheshche, Judge Nikolayev "invited" a criminal prosecutor
to monitor the proceedings and suspended the trial so that
the prosecutor could conduct a separate investigation.
Authorities Pile On Dubious Witnesses and Allegations
--------------
4. (U) When Bacheshche's case resumed on December 12, the
university finally submitted the discs to the court and
offered two students as material witnesses. Contrary to an
affidavit in which he ostensibly named Bacheshche as the
source of the discs, the first student, Sergey Kapytko,
testified that he had not received the discs from the
professor. The second, Andrey Grishkevich, insisted that he
had received the discs from Kapytko and that Kapytko had
articulated that he had gotten them from Bacheshche.
5. (U) Seeming to recognize the tenuousness of its case, the
university then called Bacheshche's department head Andrey
Zhytko to testify that Bacheshche, a friend and supporter of
imprisoned youth opposition leader Dmitriy Dashkevich
(reftel),had a reputation of encouraging opposition
political activism among his students. After agreeing to
read into the trial record a petition signed by 146 of
Bacheshche's students who disputed the allegations of
political proselytizing, Judge Nikolayev voiced his doubts
about the authenticity of the signatures and permitted the
university's human resources director, Valeriy Alayamkov, and
another department head, Gennadiy Kosmich, to echo Zhytko's
hearsay testimony.
A Not So Surprising Verdict
--------------
6. (C) On December 20, Judge Nikolayev upheld the
university's dismissal of Bacheshche. Despite expressing
doubts about the veracity of the university's witnesses on
the previous day, the prosecutor articulated his confidence
in the university's case and abruptly exited the courtroom,
leaving unanswered the question of future criminal
proceedings. As Nikolayev prepared to leave, Bacheshche
quietly but sternly admonished the judge, "You had an
opportunity to correct an injustice. You missed that
opportunity." Holding back tears, Bacheshche's wife lamented
to Poloff that the court's decision took away their family's
only income. Nevertheless, she and her husband expressed
their deep gratitude for the Embassy's presence during this
family tragedy.
Comment
MINSK 00001307 002.2 OF 002
--------------
7. (C) Bacheshche's case typifies the GOB's tactics of
judicial repression, which invariably involve dubious
witnesses and hearsay evidence directed against independent
political thinkers. His firing and the subsequent legal
proceedings are just the most recent example of the
repression of the Belarusian regime.
Moore
SIPDIS
SIPDIS
E.O. 12958: DECL: 12/27/2016
TAGS: PGOV PHUM PREL BO
SUBJECT: COURT UPHOLDS FIRING OF ELECTION MONITORING
PROFESSOR
REF: MINSK 1166
MINSK 00001307 001.2 OF 002
Classified By: Charge Jonathan Moore for reason 1.4 (d).
Summary
--------------
1. (C) A Minsk court recently upheld a university's decision
to fire a professor who had served as an independent election
observer during Belarus' fraudulent March 2006 presidential
elections. The university's case against reinstatement
rested upon hearsay witnesses and threats of criminal
investigations by prosecutors who closely monitored this
ostensibly civil case. The court decision provides yet
another sad example of the suppression of dissent in Belarus.
End summary.
Civil Court Threatens Criminal Proceedings
--------------
2. (U) On March 23, the state-controlled Belarusian
Pedagogical University fired Eastern Slavic and Russian
History Lecturer Yuriy Bacheshche for alleged "immoral
behavior." The university rector accused Bacheshche of
distributing video-computer discs with cartoon images that
violated Belarus' law against defaming President Lukashenko.
The accusation followed Bacheshche's refusal to turn over
notes from his service as an independent, non-partisan
observer in Minsk's Moskovskiy District during Belarus'
fraudulent March 19 presidential elections. Bacheshche filed
a civil suit for reinstatement in Moskovskiy District Court
against the university on April 19.
3. (U) Judge Vladimir Nikolayev suspended Bacheshche's
hearing on May 16 after the university failed tg provide the
discs in question, but informed Bacheshche that he would
possibly face criminal prosecution if the university proved
its allegations. At a follow up hearing on June 1, despite
the university's continued lack of evidence against
Bacheshche, Judge Nikolayev "invited" a criminal prosecutor
to monitor the proceedings and suspended the trial so that
the prosecutor could conduct a separate investigation.
Authorities Pile On Dubious Witnesses and Allegations
--------------
4. (U) When Bacheshche's case resumed on December 12, the
university finally submitted the discs to the court and
offered two students as material witnesses. Contrary to an
affidavit in which he ostensibly named Bacheshche as the
source of the discs, the first student, Sergey Kapytko,
testified that he had not received the discs from the
professor. The second, Andrey Grishkevich, insisted that he
had received the discs from Kapytko and that Kapytko had
articulated that he had gotten them from Bacheshche.
5. (U) Seeming to recognize the tenuousness of its case, the
university then called Bacheshche's department head Andrey
Zhytko to testify that Bacheshche, a friend and supporter of
imprisoned youth opposition leader Dmitriy Dashkevich
(reftel),had a reputation of encouraging opposition
political activism among his students. After agreeing to
read into the trial record a petition signed by 146 of
Bacheshche's students who disputed the allegations of
political proselytizing, Judge Nikolayev voiced his doubts
about the authenticity of the signatures and permitted the
university's human resources director, Valeriy Alayamkov, and
another department head, Gennadiy Kosmich, to echo Zhytko's
hearsay testimony.
A Not So Surprising Verdict
--------------
6. (C) On December 20, Judge Nikolayev upheld the
university's dismissal of Bacheshche. Despite expressing
doubts about the veracity of the university's witnesses on
the previous day, the prosecutor articulated his confidence
in the university's case and abruptly exited the courtroom,
leaving unanswered the question of future criminal
proceedings. As Nikolayev prepared to leave, Bacheshche
quietly but sternly admonished the judge, "You had an
opportunity to correct an injustice. You missed that
opportunity." Holding back tears, Bacheshche's wife lamented
to Poloff that the court's decision took away their family's
only income. Nevertheless, she and her husband expressed
their deep gratitude for the Embassy's presence during this
family tragedy.
Comment
MINSK 00001307 002.2 OF 002
--------------
7. (C) Bacheshche's case typifies the GOB's tactics of
judicial repression, which invariably involve dubious
witnesses and hearsay evidence directed against independent
political thinkers. His firing and the subsequent legal
proceedings are just the most recent example of the
repression of the Belarusian regime.
Moore