Opposition Activist Convicted of Sedition

UNCLAS MINSK 000580

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM BO

SUBJECT: Opposition Activist Convicted of Sedition


1. (SBU) SUMMARY: On May 25, a Milinkevich campaign worker,
Sergei Lyashkevich, was tried in Shchuchin regional court on
charges of inciting mass disorder. The prosecution's evidence
included seized electronic media, written testimony, and oral
testimony by two dubious witnesses. Following the prosecution's
presentation, the prosecutor requested a prison sentence of six
months. On May 29, Sergei Lyashkevich was sentenced to five months
in jail. END SUMMARY.


2. (SBU) On May 25, Sergei Lyashkevich, who headed Aleksandr
Milinkevich's presidential campaign in the western city of
Shchuchin, was tried in Shchuchin regional court for allegedly
violating Section 3 of Article 293 of Belarus' 2005 amended
criminal code, which prohibits training, financing, and other
preparations for mass disorder. Lyashkevich faced sentences ranging
from six months' arrest to three years' restricted freedom.


3. (SBU) Poloff accompanied a delegation from three EU missions
(Latvia, Czech Republic, and France) to observe Lyashkevich's
trial. Representatives of the OSCE also observed the trial, as did
local media and Lyashkevich supporters such as former presidential
candidate Aleksandr Milinkevich and Vintsuk Vyachorka, Chairman of
the Belarusian Popular Front.


4. (SBU) The trial began with testimony from two prosecution
witnesses, Aleksandr Burdzey and Vitaly Shkurko. The former had
been accused of petty hooliganism three previous times. Both
witnesses claimed that Lyashkevich trained them for participation
in riots in Minsk. Before Burdzey's testimony, a court officer
read aloud a transcript of a recording of an alleged conversation
between Burdzey and Lyashkevich. The court never played the
recording itself during the proceedings. Burdzey testified that
during this conversation Lyashkevich and he discussed payment for
his travel to Minsk on March 2 so that Burdzey could participate in
riots. During cross-examination by Lyashkevich's defense attorney,
who also had represented "Malady Front" youth activist Artur
Finkevich two weeks earlier, Burdzey was unable to answer where he
had met Lyashkevich, why he had recorded the alleged conversation,
or what exactly Lyashkevich had asked him to do in Minsk.


5. (SBU) Shkurko's testimony was similar to Burdzey's in terms of
content and inconsistency. For example, Shkurko could not specify
whether Lyashkevich allegedly showed him and his fellow trainees
provocative video recordings on a computer or television. Later,
the judge read a letter from another witness called "Mr. Novagran"
who described Lyashkevich as a malicious opposition activist.


6. (SBU) Following oral and written testimony, the prosecution
presented additional evidence which police had allegedly seized
from Lyashkevich, including VHS tapes, DVDs, and English-language
print materials apparently published by international civil-society
NGOs. The court played parts of a film called "Ordinary President"
by Yuri Khaschevatski and clips of violent police crackdowns on
demonstrators in Minsk. In some scenes of the video presentation,
President Lukashenko was portrayed in caricature as a hockey player
and farmer. In other scenes, Lukashenko's image was juxtaposed
with images of Hitler and Stalin. In at least one clip,
Lukashenko's image was accompanied by the words "Stop Luka." The
recordings also contained video interviews with anti-Lukashenko
activists and audio of English and Russian-language protest rock
music. However, neither Poloff nor the members of the EU
delegation saw anything in the video presentation that condoned or
encouraged violence against the police or other government
officials.


7. (SBU) Throughout the prosecution's case, the court experienced
several technical difficulties such as a lack of audio during video
presentations and court officers who appeared unfamiliar with the
fast-forward and reverse functions of the equipment. The judge
increasingly seemed impatient with both the substantive and
technical aspects of the evidence. After the prosecution's case
against Lyashkevich was complete, the prosecutor requested six
months arrest. The defense was given the right to cross-examine
the witnesses. The judge announced that the verdict and sentence
would be issued on May 29. On May 29, Sergei Lyashkevich was
sentenced to five months in jail.

KROL