POLITICAL PRISONERS APPLY FOR CLEMENCY AFTER GOB

C O N F I D E N T I A L SECTION 01 OF 02 MINSK 000477 SIPDIS SIPDIS E.O. 12958: DECL: 06/05/2017 TAGS: PHUM PGOV PREL BO SUBJECT: POLITICAL PRISONERS APPLY FOR CLEMENCY AFTER GOB "LENIENCY" REF: A. MINSK 457 ¶B. MINSK 440 ¶C. 06 MINSK 1166 ¶D. 06 MINSK 513 ¶E. MINSK 352 ¶F. MINSK 454 Classified By: Ambassador Karen Stewart for reason 1.4 (d). ¶1. (C) The GOB in recent weeks has shown some signs of progress by dropping charges against youth activists and giving Malady Front members on trial a fine rather than a jail sentence. In light of these events, human rights lawyer Labkovich informed Pol/Econ Chief that lawyers for several political prisoners have drafted and signed clemency applications on their clients' behalf. Though not wanting to admit any guilt, prisoners -- under pressure from their lawyers and family -- agreed to the clemency application, but refuse to apologize for their actions or sign the pleas for release. This may be a sticking point for the authorities, but Pol/Econ Chief reiterated to Labkovich our message to the Presidential Administration -- authorities should be prepared to accept and favorably review all clemency applications. End summary. GOB Showing Some Signs of Leniency -------------- ¶2. (C) In the last two weeks, GOB authorities have shown somewhat positive signs in the light sentencing of Malady Front (MF) activists on May 29 (ref A) and dropping charges against other youth activists for allegedly participating and organizing mass rallies that violate public order. On May 22, authorities also granted parole to opposition youth organization MF founder Pavel Severinets and opposition politician Nikolay Statkevich (ref B),although their parole was not much earlier than their scheduled release. A New Wave of Clemency Applications -------------- ¶3. (C) In light of the GOB's recent signs of "flexibility," human rights lawyer Vladimir Labkovich and wife of jailed opposition activist Andrey Klimov, Tatyana Klimova, needed no strong convincing from Pol/Econ Chief and POLOFF to proceed with clemency applications for other political prisoners. According to Labkovich, clemency applications for political prisoners Artur Finkevich and Dmitry Dashkevich (ref C, D) would be sent to Deputy Head of the Presidential Administration (PA) Natalya Petkevich and oblast-level prosecutors by June 6 and lawyers for indicted MF activists Ivan Shylo and Yaroslav Grishchenya on June 1 had already submitted their clemency papers. ¶4. (C) Klimova, who in earlier conversations with poloffs viewed the clemency process as futile, exchanged information with Labkovich during the meeting and agreed to draft clemency papers for her husband on June 7. Labkovich noted that political prisoners Yuriy Leonov and Nikolay Avtukhovich either could not, or did not want to be reached. Lawyers from the human rights NGO Vyasna successfully phoned Avtukhovich's wife, but she refused to cooperate. (Note: Avtukhovich's wife reacted similarly when we contacted her. End note.) Political Prisoners Make No Apologies -------------- ¶5. (C) After Petkevich first suggested to EUR DAS Kramer that political prisoners apply for clemency (ref E),most political prisoners refused to try, wanting to maintain the "moral high ground" - according to Labkovich - by not putting their signatures next to a plea for release. However, according to Belarusian law, lawyers for political prisoners had the right to sign documents on behalf of their clients. This way, political prisoners could apply for early release without their signatures and, therefore, not sacrifice their pride. ¶6. (C) Pol/Econ Chief explained that the PA may demand the prisoners sign the applications themselves, but Labkovich laughed, claiming it was "virtually impossible" and stressing the difficulty lawyers had in getting their clients to agree to the clemency process in the first place. Labkovich noted that authorities also wanted "I am sorry" within the context of the letters but stated that the applications would contain MINSK 00000477 002 OF 002 no apologies. Not Enough For Kozulin -------------- ¶7. (C) Authorities on May 21 turned down imprisoned presidential candidate Aleksandr Kozulin's clemency application that was drafted and signed by his wife, Irina Kozulin (ref F). In a recent meeting, a PA contact told Charge that Kozulin would need to do more before being released and admitted that Kozulin's release would be the most difficult for authorities to agree to. Comment -------------- ¶8. (C) Although no one can reach Leonov and Avtukhovich, we can safely assume that they know about the results of the Petkevich-Kramer meeting, as Petkevich's pledge is now big news among human rights lawyers and relatives of political prisoners. Though skeptical of the process and forever doubting the sincerity of the GOB, political prisoners are, under persuasion from lawyers and family, applying for clemency. However, they are not willing to abandon their cause by making apologies and signing pleas for release. ¶9. (C) Labkovich expects authorities to use the lack of prisoner signatures and pleas as a reason to deny clemency applications, but we assured him that the PA had been warned to receive and favorably review clemency applications, even if submitted by lawyers and family members. Regardless of the context of the applications, the PA has ultimate power without following due process, and therefore, any decisions on clemency will not be based on technicalities within prisoners' applications but the true will of the authorities. Stewart