Identifier
Created
Classification
Origin
06MINSK259
2006-03-14 09:43:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Minsk
Cable title:  

Meeting Voters Illegal in Belarus

Tags:  PGOV PHUM BO 
pdf how-to read a cable
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RR RUEHAG RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ
RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHSK #0259/01 0730943
ZNR UUUUU ZZH
R 140943Z MAR 06
FM AMEMBASSY MINSK
TO RUEHC/SECSTATE WASHDC 3954
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHVEN/USMISSION USOSCE 0931
RUEHBS/USEU BRUSSELS
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
UNCLAS SECTION 01 OF 02 MINSK 000259 

SIPDIS

KIEV ALSO FOR USAID

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM BO
SUBJECT: Meeting Voters Illegal in Belarus

UNCLAS SECTION 01 OF 02 MINSK 000259

SIPDIS

KIEV ALSO FOR USAID

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM BO
SUBJECT: Meeting Voters Illegal in Belarus


1. (U) Summary: In the past week authorities have arrested and
jailed or fined several Milinkevich activists, including senior
campaign deputies Anatoly Lebedko (fined USD 721) and Vintsuk
Vyachorka (sentenced to 15-days in jail),as well as ten other
activists each sentenced to 15-days in jail. Authorities have also
seized Milinkevich leaflets and independent newspapers, and
censured opposition candidates' addresses on state radio and
television. Despite these problems, Milinkevich continues to
campaign. End summary.


2. (U) On March 7, authorities in Mogilev refused at the last
minute to allow opposition candidate Aleksandr Milinkevich's
campaign team to use a local university to speak to voters. The
team therefore addressed approximately 250 voters outside. After
the rally, police arrested Milinkevich deputy Anatoly Lebedko and
Vladimir Shantsov, Milinkevich's regional campaign manager for
Mogilev. That same day both appeared before a judge. Lebedko was
fined BYR 1,550,000 [USD 721] and Shantsev was sentenced to 15-days
in jail for organizing an unsanctioned rally.


3. (U) Also on March 7, police in Zhlobin pulled over Milinkevich's
deputy campaign manager, Viktor Kornyenko, and seized from him
28,000 copies of a campaign leaflet. According to Kornyenko,
police filed charges against him because the leaflets referred to
Milinkevich as "the future president of Belarus." The same day
Milinkevich's campaign team in Brest announced that they found a
listening device embedded in an electrical outlet in their office.
Campaign activists said they found the device after receiving an
email, allegedly from a local BKGB officer, telling them where to
look.


"Justice" Moves Fast in Minsk
--------------


4. (U) Milinkevich held two campaign rallies in Minsk on March 8,
the largest of which reportedly attracted 1,400 people. He had
applied to hold that event in the Berastse Theater, but was denied
access that morning and so held the event outside. After the
rally, his campaign deputy Vintsuk Vyachorka (also head of the
Belarusian Popular Front) departed the event in a minivan that
contained the public address system Milinkevich used. Police
pulled the vehicle over, confiscated the vehicle and equipment and
arrested the six occupants. In addition to Vyachorka, the five

others arrested included a driver and sound technicians. On March
9, Vyachorka and the other five were each sentenced to 15-days in
jail for organizing unsanctioned rallies (Article 167 of the
Administrative Code). Authorities also reportedly detained four
other Milinkevich activists at a different rally that day, each of
whom was also sentenced to 15-days in jail.


5. (SBU) Poloff attended Vyachorka's trial, which was open to the
public and press. The judge repeatedly asked Vyachorka and two
witnesses from the security services if Vyachorka had publicly
spoken any campaign slogans at the event, and whether he was an
organizer or a participant. One of the security service witnesses
made the audience laugh after the judge asked why he was at the
event and he answered, "We were ordered to mingle in the crowd and
identify people to arrest." The other security service witness
stated that Milinkevich announced to the crowd that it was an
illegal rally. The defense lawyer offered to show the judge a
videotape of the rally to disprove this claim. After some argument
the judge agreed, provided the defense attorney find a television,
VCR and a copy of the tape in less than 25 minutes. The attorney
was unable to do so.


6. (SBU) Milinkevich campaign manager Sergey Kalyakin told Poloff
at the trial that authorities have clearly been ordered to start
making arrests. With the standard sentence being 15 days, anyone
arrested now will be locked up until after the March 19 election.
Even so, Kalyakin thought Vyachorka was only arrested because he
was riding in the vehicle with the public address system, which was
the authorities' main target. [Note: Kalyakin incorrectly guessed
that Vyachorka would only receive a fine.] The equipment and
vehicle have not been returned. Regardless of these problems,
Milinkevich told Poloff at the court that he would continue to
campaign. [Comment: Emboffs will observe his next big Minsk rally,
on March 12.]


Legal Contradictions
--------------


7. (U) The main legal issue here is an unresolved conflict between
the Electoral Code and the Administrative Code. Article 74 of the

MINSK 00000259 002 OF 002


Election Code gives presidential candidates and their assigned
deputies, such as Vyachorka, the express and equal right "to speak
at pre-election and other assemblies, conferences, meetings," as
well as to have access to state radio and television. However,
Article 167-1 of the Administrative Code forbids "organizing and
conducting assemblies, meetings, street actions, demonstrations and
pickets." The opposition and their campaign teams argue, as
Vyachorka unsuccessfully did in court, that the Election Code
trumps the Administrative Code during an election campaign. The
courts and authorities clearly disagree, at least when it applies
to the opposition.


KROL