Opposition Faces Criminal Charges

UNCLAS SECTION 01 OF 02 MINSK 000327 SIPDIS KIEV ALSO FOR USAID SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM BO SUBJECT: Opposition Faces Criminal Charges Refs: (A) Minsk 292, (B) 05 Minsk 1437, (C) Minsk 205, (D) Minsk 223, (E) 05 Minsk 1317 ¶1. Summary: Hundreds of opposition activists have recently been charged and convicted for violating the relatively more lenient Administrative Code, and 21 face much more serious charges under the Criminal Code. One person has been sentenced to five months in prison, while the others (including presidential candidate Aleksandr Kozulin) could face up to seven years in prison for various offences relating to their political activity. Several of these people are accused of violating articles of the code, relating to their political activities, that the GOB amended and made harsher in December. End summary. ¶2. Hundreds of Belarusian opposition activists were arrested before and after the March 19 presidential elections (ref A). The vast majority of these were charged with violations of the Administrative Code, which generally carry relatively light penalties, usually no more than 15 days in jail, although some fines under this code have exceeded USD 2,000 (roughly a year's annual salary). According to the Vyasna human rights NGO, 21 opposition activists have been detained and face charges for violations of the Criminal Code, which carries much heavier penalties. One of them has already been sentenced to five months in prison, another 20 cases are under investigation, and eight people remain in pre-trial detention. Elections Called the Day After Criminal Code Amended -------------- -------------- ¶3. On December 15, the parliament voted almost unanimously to amend several articles of the criminal code related to political activities. Most of the amendments involved making the articles easier to apply or their penalties harsher (ref B). The next day, parliament called for presidential elections to be held on March ¶19. The new amendments to the Criminal Code subsequently took effect on January 1. ¶4. So far, eight people have been charged under these amended articles of the Criminal Code. On February 21, authorities detained Nikolay Astreyka, Enira Bronitskaya, Timofey Dranchuk and Aleksandr Shalaika, all affiliated with the Partnership NGO, which had intended to conduct independent election observation (ref C). On March 2, authorities charged these four with violating Article 193 of the Criminal Code (organizing or leading a public association or religious organization that infringes on the rights and obligations of citizens). The maximum sentence under this article is three years in prison. In subsequent press conferences the head of the BKGB accused Partnership of planning to release false election results and of plotting a series of terrorist attacks for Election Day. ¶5. On March 5, authorities charged Anastasia Azarka and Andrey Panasik with violating Article 193.1 of the CC (illegally organizing the activities of a social organization, religious organization, or fund, or participating in their activities), punishable by up to two years in prison. Police accused Azarka of being active in the youth group Malady Front and Panasik in Partnership. On March 2, police in Schuchin searched the apartments of Vasil Biazmen and Sergey Lashkevich, and confiscated Milinkevich campaign material. Both have been charged under Article 293.3 of the Criminal Code (mass riot),which can lead to three years in prison. Other Opposition Ne'er-do-wells -------------- ¶6. Police arrested Dmitry Kaspiarovich on December 18 after he climbed to the roof of the Minsk City Executive Committee building and tore down the Belarusian flag. Kaspiarovich stated he believes the current Belarusian flag to be a Stalinist symbol. Police originally charged him with outrage against a state symbol, but quickly changed this to hooliganism. Vyasna explained that outrage is a lesser offence that mandates a shorter jail term and does not allow pre-trial detention, while a hooliganism charge permits pre- trial detention and a prison term of up to three years. On February 27, Kaspiarovich was sentenced to five months in prison for hooliganism. Kaspiarovich complained that would plead guilty to a charge of outrage against a state symbol, but objects to hooliganism as he considers himself to be "well-bred." ¶7. During the period of the presidential campaign authorities arrested 12 other opposition activists and are charging them with a variety of criminal offences. None have yet been to court. Most prominently, authorities charged presidential candidate Aleksandr MINSK 00000327 002 OF 002 Kozulin with malignant hooliganism (up to six years in prison) after security forces blocked his February 17 attempt to hold a press conference. Police also charged Kozulin with hooliganism (three years in prison) after he allegedly smashed a picture of Lukashenko in a police station on March 2. [Note: police beat and arrested him earlier that day after he tried to attend a Lukashenko speech (ref D).] The same day police arrested Yury Radzivil, Kozulin's driver, and charged him with resisting a police officer (five years). Plainclothes officers attempted to stop a journalist from photographing mass arrests outside the jail where Kozulin was held. The photographer jumped into Radzivil's car. As Radzivil drove away, a plainclothes police officer fired three shots at the car from close range (ref D). ¶8. Tatiana Protko, head of the Belarus Helsinki Committee, once again faces charges of evasion of taxes (up to seven years in prison, plus confiscation of property). In a case that keeps reappearing, the GOB accuses BHC of failing to pay taxes on grants received from the EU (ref E). The GOB claims BHC now owes around USD 70,000 in taxes and fines. BHC has challenged these charges in court numerous times and has won every court case, including in the Supreme Economic Court (the highest court for such a charge). However, early in 2006 the SEC annulled its previous decision in BHC's favor, opening BHC and Protko to renewed criminal charges. On March 21, authorities visited BHC's office to assess their property for confiscation. Other such cases are: --Pavel Krasovsky was arrested in December in Zhodino after police searching his apartment found satirical comments about city officials in a bulletin he was editing. Krasovsky has been charged under Article 369 of the Criminal Code (insulting authorities; up to three years in prison). --Five youth were arrested in three incidents for suspicion of spraying political graffiti. Two of them face charges of resisting police (five years in prison),two face charges of defilement of public buildings (three months),and one a charge of malignant hooliganism (six years prison). --Zubr member Evgeniy Suvarov was arrested February 14 while hanging a political banner, and now is in detention facing a charge of evading military service (two years prison). Vyasna reports that Suvarov has a valid medical deferment. [Note: this case parallels that of Zubr leader Nikita Sasim, who has been threatened with charges of draft dodging, even though he received a medical deferment in September after police gave him a concussion during a beating.] --Ivan Kruk, Milinkevich's campaign head in Astravets, was charged with resisting a police officer (five years) after he smashed his computer during a search of his apartment rather than let police confiscate it. --Eduard Zeliankov was charged with hooliganism (three years) on suspicion of organizing the activities of Malady Front in Gomel. KROL