Ambassador Delivers Demarche On Wave Of Arrests

C O N F I D E N T I A L SECTION 01 OF 04 MINSK 000338 SIPDIS C O R R E C T E D COPY - CLASSIFIED BY STATEMENT ADDED SIPDIS DEPT ALSO FOR INR KIEV ALSO FOR USAID E.O. 12958: 03/26/2016 TAGS: PGOV PINR PREL BO SUBJECT: Ambassador Delivers Demarche On Wave Of Arrests REF: A) State 46172 B) Minsk 330 MINSK 00000338 001.2 OF 004 Classified by: Ambassador George Krol for Reasons 1.4(B,D) ¶1. (C) Summary: On March 24, Ambassador called on MFA Americas Department Director Maksim Ryzhenkov to deliver a joint U.S.-EU message on the recent wave of repression against opposition leaders and activists prior to and following the March 19 presidential elections (ref A). Ambassador noted the EU Heads of Mission were simultaneously delivering a similar message to the director of the MFA European Affairs Department (see paragraph 15 for a summary of EU HOMs' meeting at the MFA). Ambassador called on the Belarusian government to release immediately from detention all peaceful demonstrators, including those who were removed from October Square on March 24, and noted that their arrest and incarceration clearly violated the Belarusian Constitution. Noting the "unprecedented level" of foreign pressure on the GOB, Ryzhenkov defended the decision to remove the October Square protesters and the prosecution of those involved in the protests. The MFA official stressed the Belarusian authorities had allowed an unsanctioned rally to take place for nearly a week, the protesters who remained on the square were causing a public safety and sanitation hazard, and only the Belarusian courts will decide the fate of the protesters. End Summary. Joint Message Delivered -------------- ¶2. (C) Ambassador, accompanied by Pol/Econ Chief, told MFA Americas Department Head Ryzhenkov that the United States and EU remain deeply concerned about the recent wave of detentions, arrests, and prosecutions of supporters of the political opposition leading up to and following the March 19 elections. Ambassador noted that opposition supporters, including the demonstrators who were arrested on October Square on March 24, were exercising their constitutional right to peacefully assemble and express their views. Ambassador called on the GOB to release immediately all those detained or sentenced because of participation in peaceful election and post-election demonstrations, stressing that their detention and incarceration are clear violations of their rights under the Belarusian 
constitution. ¶3. (C) Ambassador strongly warned the GOB against further repression against those involved in peaceful protests and campaigns. He noted the U.S. and EU will continue to monitor the situation and will remain in contact with the political opposition to see how they are treated by the Belarusian authorities in the post-election period. Ambassador stressed the U.S. and EU have urged all parties, including the opposition, to avoid violence and provocations, but we hold the GOB ultimately responsible for the protection of all its citizens, regardless of their political views. GOB Response to Message: "We Expected As Much" -------------- - ¶4. (C) Ryzhenkov assured Ambassador that he clearly understood the joint position of the United States and the EU, and that he would pass the message to his leadership. However, Ryzhenkov noted that the position of the U.S. and EU would not surprise his government. Removal of Demonstrators Was Legal and Necessary -------------- --- ¶5. (C) Ryzhenkov stressed the GOB acted in full accordance with Belarusian law in removing the protesters from October Square. The protesters were causing a public safety and sanitation hazard. He added that the protesters had been allowed to remain on the square for nearly a week, and their removal from the square today was done in a measured (non-violent),legal manner. Also, the GOB allowed independent media to witness and cover the removal of the protesters, showing that the GOB had nothing to hide. Ryzhenkov noted the U.S. and EU "surely" would not want the GOB to violate its own laws on controlling mass gatherings or public disturbances. ¶6. (C) The MFA official opined the USG would not likely MINSK 00000338 002.2 OF 004 have allowed a similar incident to take place for such an extended period of time in the center of Washington, D.C. Ryzhenkov noted the GOB has provided the opposition a defined location in Minsk to carry out their meetings (i.e., Bangalore Square),and the practice of designating such areas for conducting protests is a common practice in many democratic countries, including in the U.S. Ryzhenkov also accused Western countries like the U.S. and France of committing its own share of human rights violations when suppressing demonstrators. The Status of the Detained -------------- ¶7. (C) Turning his attention to the matter of the detained, Ryzhenkov said that all underage (under 18 years old) protesters were immediately released from detention. He added that only Belarusian courts will determine the fate of the remaining protesters, not security organs or other GOB entities. ¶8. (C) Ambassador asked Ryzhenkov for an explanation of the reported arrests of approximately one-third of former Ten Plus Coalition candidate Aleksandr Milinkevich's 30 official campaign representatives, noting these individuals were arrested and/or prosecuted simply for participating in peaceful campaign rallies. Ryzhenkov said he could not provide specific information on each of the arrested individuals, but noted that he and FM Martynov had previously urged the USG to persuade the opposition not to engage in unsanctioned demonstrations or rallies. ¶9. (C) Expressing dissatisfaction with the MFA official's response, Ambassador commented that it seemed as if the GOB is relying on preemptive measures to thwart or suppress peaceful opposition activities. When Ryzhenkov responded that the GOB approach is similar to U.S. policy towards suspected terrorists, Ambassador asked if the Belarusian authorities defined supporters of peaceful opposition demonstrations as terrorists. Ryzhenkov admitted the "degree of danger" between Belarusian political activists and terrorists is different, but the "principle is the same." MFA, USG Statements On Belarusian Elections -------------- ¶10. (C) Ryzhenkov raised with Ambassador the Belarusian MFA's March 24 response to the USG press statements on the presidential elections. The MFA statement strongly criticizes the United States for its decision not to recognize the "will of the Belarusian people" in the presidential elections and maintains Belarus does not need the approval of foreign governments on strictly internal matters, but Ryzhenkov noted that the last line of the MFA statement indicated that Belarus remained willing to develop a cooperative relationship with the U.S. (ref B). ¶11. (C) Ambassador stressed that the incongruence of views on such fundamental matters as political freedom and democracy stood in the way of closer bilateral relations. Ambassador noted it was extremely difficult for the USG to accept the GOB position that the elections were conducted in a fair and transparent manner. He explained that if President Lukashenko genuinely enjoyed popular support and was interested in a free and fair process, there would not have been such severe restrictions on the activities of the opposition leading up to and following the March 19 elections. Ambassador recognized the OSCE found problems with the 2004 U.S. presidential elections, but the reported violations were not nearly as severe as those found in Belarus' presidential elections. Ambassador added that the OSCE concluded the elections even in Kazakhstan to be more free and fair than those in Belarus. GOB Perceives Unprecedented Level of Foreign Pressure -------------- -------------- ¶12. (C) Ryzhenkov said the GOB observed an "unprecedented level" of foreign pressure on the GOB during the electoral process. The GOB found this worrisome, and asserted the political and security environment in Belarus for the past several months would not have been so tense if there was MINSK 00000338 003.2 OF 004 less foreign pressure on the GOB. Ryzhenkov stressed the USG, including President Bush, has never paid so much attention to Belarus as it is doing now. Ryzhenkov pointed out President Bush's public release of the Belarus Democracy Act report as an example. U.S. Not Interested In Isolating or Controlling Belarus -------------- -------------- ¶13. (C) Ambassador noted the U.S. and EU are not interested in isolating Belarus or in dictating to Belarusians who their president should be, noting that the USG never supported (publicly or privately) a particular candidate during the elections. The U.S. and EU recognize that Belarus is a sovereign state, and the only goal of the international community is to help Belarus become a full member of the transatlantic community. Ryzhenkov appreciated the remarks of Ambassador, but noted the GOB was worried about reports that the U.S. and EU may apply economic sanctions to Belarus. ¶14. (C) Ambassador also told Ryzhenkov that press reports of a U.S. diplomatic vehicle transporting an organizer of the October Square protests to or from the square are categorically false. Ryzhenkov admitted he was not aware of such press reports, but was glad to hear the information was incorrect. Summary of EU HOMs Meeting At MFA -------------- ¶15. (C) On March 24, Latvian Ambassador and local president of the EU Maira Mora passed to Ambassador a report of the EU HOMs' meeting with MFA European Affairs Department Director Valery Romashko. The EU HOMs emphasized that the GOB should immediately release those detained for participating in peaceful demonstrations and take no further punitive measures against them. The EU ambassadors commented that according to unofficial sources, many of those detained were required to stand and face a wall for several hours and those without passports were not allowed to visit toilets. Noting that if this information is correct, Ambassador Mora stressed that GOB treatment of the detained borders on torture, and she reiterated her request for the EU ambassadors to be able to visit some of those arrested. ¶16. (C) Romashko complained that the EU ambassadors base their opinions and policies on "gossips," and not on "official materials." The MFA official maintained that the Belarusian security forces responded to the unsanctioned rallies in a legal manner, and he praised the security forces for their ability to exercise restraint in the removal of demonstrators from October Square on March 24. He noted only that those who committed no violation of the law will be released. ¶17. (C) Romashko assured the ambassadors that he would follow up with the Ministry of Interior on the EU HOMs', as well as the OSCE Minsk Office's, request to visit the arrested, but the MFA official made clear he did not believe the request would be granted. Romashko argued that the EU ambassadors and the OSCE Minsk Office lacked the mandate, according to the Vienna Convention on Diplomatic Relations, and expertise on Belarus' penitentiary system to inquire into the welfare of detained Belarusians. When asked if the MFA would be willing to dispel fears about the condition of the arrested protesters by issuing a statement that the GOB was properly treating the detained, Romashko reiterated that the EU should base their opinions on "official materials." ¶18. (C) The UK Ambassador noted that the GOB should understand its image had been further tarnished by the removal of the October Square protesters. Romashko did not understand why, given that there was no bloodshed. When the EU ambassadors stated their intention to observe the March 25 demonstration on October Square (in celebration of the anniversary of Belarus' short-lived independence), Romashko stressed the EU diplomats should strictly adhere to their duties and responsibilities stipulated in the Vienna Convention on Diplomatic Relations. MINSK 00000338 004.2 OF 004 Comment -------------- ¶19. (C) Clearly, the U.S. and EU joint strategy to shine a bright spotlight on the repressive and abusive nature of the regime has forced GOB officials into an uncomfortable position of explaining and defending anti-democratic policies. Senior GOB officials, including President Lukashenko, take every opportunity to publicly underscore their frustration and even anger with the "unprecedented level" of foreign pressure on Belarusian authorities. Furthermore, the increased international attention on Belarus' elections likely prompted the GOB to allow the October Square demonstrations to proceed for nearly five days without significant interference, and may have influenced the authorities to allow the March 25 rally in Yanki Kupala park to take place peacefully until some of the participants decided to march to the Okrestina detention center. Krol