Identifier
Created
Classification
Origin
06MINSK327
2006-03-24 11:04:00
UNCLASSIFIED
Embassy Minsk
Cable title:  

Opposition Faces Criminal Charges

Tags:  PGOV PHUM BO 
pdf how-to read a cable
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RUEHROV RUEHSR RUEHVK RUEHYG
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ZNR UUUUU ZZH
R 241104Z MAR 06
FM AMEMBASSY MINSK
TO RUEHC/SECSTATE WASHDC 4092
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHVEN/USMISSION USOSCE 1019
RUEHBS/USEU BRUSSELS
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
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

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