PARTNERSHIP ELECTION OBSERVERS FACE TRIAL

C O N F I D E N T I A L SECTION 01 OF 02 MINSK 000630

SIPDIS

KIEV FOR USAID AND POL UYEHARA
SIPDIS

E.O. 12958: DECL: 06/14/2016
TAGS: PHUM PGOV BO
SUBJECT: PARTNERSHIP ELECTION OBSERVERS FACE TRIAL

REF: A. MINSK 393


B. 05 MINSK 601

Classified By: AMBASSADOR GEORGE KROL FOR REASONS 1.4 (B, D)


1. (C) Summary: On June 13, Ambassador and DCM met with the
wives of two of the jailed Partnership activists (independent
election observers). The wives said their husbands' moods
were still high, given their circumstances. Two of the four
activists were recently moved to a new detention center with
markedly worse conditions. Only in June, after nearly four
month's detention, were families allowed to visit the
detainees. The activists face charges of running an illegal
organization, which could lead to up to three years in jail.
The trial should start around July 10, and last three or four
days. The judge in the case last year sentenced two
pro-democracy leaders to three years labor. One of the wives
also complained she is not satisfied with the lawyer her
husband's employer, U.S. NGO NDI, provided, but she is not
empowered to fire her. Post has also found this lawyer,
while a high profile human rights lawyer and willing to take
risky cases, to be very ineffective in court. Ambassador
informed the wi
ves that Emboffs would observe the trial and that he raises
freeing their husbands with the GOB at every meeting. End
summary.


Partnership's Prisoners of Conscience
--------------


2. (C) On June 13, Ambassador and DCM met with Paulina
Astreyka and Vera Shalaika, wives of two of the four
Partnership activists currently in jail (ref A); family
members for the others were not available to meet. The four
Partnership leaders were arrested February 21 and await trial
on charges of "running an illegal organization that
encroaches on citizen's rights," (Article 193, Part 2 of the
Criminal Code). This charge can lead to up to three years in
prison. At the time of their arrest Partnership was planning
independent election observation for the March presidential
elections. In televised press conferences, the head of the
BKGB has variously accused Partnership of planning terrorist
attacks, of planning to spread false election results, and of
operating in secrecy and using advanced codes and ciphers to
protect computer information. Amnesty International
considers these four to be Prisoners of Conscience.


Prison Conditions Worsen but BKGB Surveillance Lessens
-------------- --------------


3. (C) The four had been held in separate cells at a BKGB
detention center since their arrest. On June 8, Aleksandr
Shalaika and Enira Bronitskaya were transferred to a
pre-trial detention center on Volodarskogo Street. Paulina
said the GOB claimed they transferred these two because of
repairs at the BKGB center. Vera, however, stated she was
told her husband would not be moved. Paulina credibly
claimed that conditions were worse at Volodarskogo; each
over-crowded cell holds eight people, everybody seems to
smoke, and general living conditions are worse. On the plus
side, prisoners at Volodarskogo can watch television all day
and the cells do not contain video cameras, as do the
Partnership cells at the BKGB center. She said that at
Volodarskogo, the prison authorities only check on her
husband two or three times a day. Paulina mentioned that
Enira was placed in a women's wing at Volodarskogo, but
Enira's mother complained to the press that she has not been
allowed to give her daughter medicine for her
gastric ulcer since she was transferred, since Volodarskogo
has stricter rules for what can given to prisoners. Vera
added that Enira was recently expelled from her graduate
studies program.


Visits Finally Granted
--------------


4. (C) In a surprise move, in early June the judge granted
the families visitation rights for the first time. Paulina
spent one hour with her husband on June 13, her first visit
since his arrest and the maximum time allowed at
Volodarskogo. Vera was able to see her husband for three
hours. Both Paulina and Vera said their husband's moods were
fine, considering their circumstances. They entertain
themselves by reading their case files and the Belarusian
legal code, although Paulina complained her husband has

MINSK 00000630 002 OF 002


started smoking in jail. Both are getting adequate food.
Timofei Dranchuk's parents were not able to meet Ambassador
because they were visiting their son. Enira's parents
visited her June 12 and will see her again June 14. The
wives will apply for permission to visit again, and believe
they will be allowed to see their husbands every Monday.


Trial Expected in July
--------------


5. (C) Paulina and Vera said they expect the trial for all
four to begin around July 10. The defendants have been given
copies of the cases against them. Based on the number of
state witnesses, Paulina thought the trial would last three
to four days. This case has been assigned to judge Leonid
Yasinovich, who sentenced pro-democracy leaders Nikolay
Statkevich and Pavel Severinets to three year's labor in 2005
(ref B). Neither knew yet if the judge would allow an open
court, but were pleased when Ambassador said Emboffs would
try to observe. Paulina said one of their defense lawyers
predicted that each of the defendants would receive a
different jail term, but that it is impossible to predict
what these will be as this will clearly be a political,
rather than judicial, decision. Paulina explained that her
husband is writing legal appeals for the BKGB to return his
computer and discs, confiscated at the time of his arrest,
since they would not be presented as evidence in the trial.
He already successfull
y appealed for the return of his watch, wedding ring, and
other personal items the BKGB seized.


Useless Defense Lawyer
--------------


6. (C) Paulina complained that her husband's employer, the
U.S. NGO National Democratic Institute, hired as a lawyer
Vera Stremkovskaya. According to Paulina, Stremkovskaya is
over-priced, does little work on this case, is rude to the
families and is only interested in burnishing her image as a
human rights lawyer. Paulina tried to fire Stremkovskaya,
but Stremkovskaya refused to step down, so the family hired a
second lawyer. (Note: Post agrees with Paulina's impressions
of Stremkovskaya. Moreover, Emboffs who have observed
Stremkovskaya in court believe that she does more harm than
good, irritating the judges by not paying attention, or
launching into long, meaningless tangents, as well as having
poor relations with the families of her clients. Marinich
fired her from his defense for the same reasons.)


Support From Abroad, Little at Home
--------------


7. (C) Paulina (who is pregnant with Nikolay's second child)
told Ambassador that their year-old son's health is
fortunately not getting worse (he was born with a congenital
heart defect). Friends, family and her husband's colleagues
are providing her with much support. She has received many
letters of support from the U.S., delivered by NDI, but
complained few in Belarus are interested in her situation.
The families of the Partnership activists thanked the USG for
its statements, which show the GOB and the families the
activists are not forgotten, and said they are preparing
letters for help to send to each of the presidents going to
the G8 Summit in St. Petersburg. Vera commented that the
court might have granted the families visiting rights due to
high level western attention to their case. The wives
however continued not to link their husbands publicly to NDI.


Comment
--------------


8. (C) This is clearly a political case designed to destroy
an effective independent election monitoring organization as
well as to scare other would-be democracy activists.
Ambassador informed the wives that he raises freeing the
Partnership prisoners at every meeting with the GOB. Post
will continue to closely follow this situation, press the GOB
publicly and privately to release the prisoners, and will
work with EU missions to raise their engagement on these
cases as well.
Krol