Belarus: Civic solidarity movement condemns mass detentions and police violence

[vc_row][vc_column][vc_column_text]We, the undersigned members of the Civic Solidarity Platform (CSP), a coalition of human rights NGOs from Europe, the former Soviet Union region and North America, and other non-governmental organisations decry the mass detentions of peaceful demonstrators, journalists and human rights defenders, as well as the use of violence and abusive treatment targeting them in Belarus on 25-26 March 2017. These events were the culmination of a series of repressive measures taken by the authorities of the country since the beginning of March to stifle the public expression of grievances. Given the severity of this human rights crisis of unprecedented scale since December 2010, it is crucial that the international community takes resolute action to push for an end to the crackdown in Belarus and justice for those targeted by it.

We condemn the gross violations of the right to peaceful assembly, freedom of expression, freedom from arbitrary detention, and the right to fair trial in Belarus in connection with the recent peaceful protests, and call on the international community to use all available means to put pressure on the Belarusian authorities to immediately end these violations.

Such measures by the authorities should include:

  • immediately releasing those currently behind bars because of their involvement in the peaceful protests or their efforts to monitor them;
  • dropping charges against all those prosecuted on these grounds;
  • carrying out prompt, thorough and impartial investigations into all allegations of arbitrary detention, ill-treatment and other violations of the rights of protesters, passers-by, journalists, human rights defenders and political activists in connection with the protests; and
  • bringing those responsible for violations to justice.

We call in particular for the following concrete actions by international community in response to the current crackdown in Belarus:

To the OSCE:

  • The OSCE participating States should initiate and support the renewal of the Moscow Mechanism in relation to Belarus and the appointment of a new rapporteur for this process, in view of the fact that the current developments mirror those on the grounds of which this mechanism was invoked in 2011;
  • The OSCE Chairmanship should appoint a Special Representative on Belarus, whose mandate should include investigating the recent violations;
  • The Office of Democratic Institutions and Human Rights should monitor the trials of those facing charges because of their participation in the recent peaceful protests, or their efforts to monitor and report on them;
  • The OSCE Parliamentary Assembly should reconsider holding its annual session in Minsk in July 2017 and identify another host country and city for this event.

To the Council of Europe:

  • The Parliamentary Assembly of the Council of Europe should replace its current rapporteur on the situation in Belarus, ensuring that the individual holding this position forcefully speaks out against human rights violations in the country.

To the UN:

  • Members of the Human Rights Council should extend the mandate of the Special Rapporteur on the human rights situation in Belarus, continue urging the Belarusian authorities to allow the Special Rapporteur to visit the country, and adopt a strong resolution on the human rights situation in Belarus at the next session of the Council;
  • High Commissioner on Human Rights should publicly condemn the crackdown in Belarus and engage in direct contact with the Belarusian authorities on this matter.

To international financial institutions:

  • International financial institutions should apply strong human rights conditionality in the implementation of their programs in Belarus and refrain from allocating funding to government projects until the human rights situation in the country has substantially improved. Specifically, the European Bank for Reconstruction and Development should reinstate its calibrated strategy on Belarus.

To the EU:

  • The EU member states and institutions should apply stronger and more consistent human rights conditionality to the development of its relations with Belarus and consider the prospects of reinstating sanctions similar to those applied in 2011-12 for widespread human rights violations.

To the USA:

  • The US government should consider reinstating the sanctions against Belarus that it suspended in 2015-16.

Background information, based on reports from the ground:

In the afternoon of 25 March 2017, people took to the streets in the Belarusian capital of Minsk for planned peaceful protests on the occasion of the Day of Freedom, which commemorates the Belarusian declaration of independence in 1918. There was as a heavy police and security presence in the city, the downtown area where protests were due to be held was cordoned off, and traffic was blocked on the main Independence Avenue. Local and international human rights monitors representing the CSP member organisations documented the use of heavy-handed tactics by the law enforcement and security authorities to prevent the peaceful protests, for which authorities had not given advance permission as required by Belarusian law and in violation of international standards. At least 700 people were detained on 25 March, including elderly and passers-by. As can be seen on available photos and footage, police forcefully rounded up and beat protesters with batons, although these made no resistance. More than 30 journalists and photographers from both Belarusian and international media outlets were detained; cameras and other equipment of some of them were damaged by police. Toward the evening, police started releasing detainees from the detention facilities, in many cases without charge. However, others remain in detention, and dozens of individuals are expected to stand trial starting Monday 27 March on charges relating to their participation in the peaceful protests.

The following episode requires particular attention: At 12.45 pm local time on 25 March, about an hour before the start of the planned peaceful protest, anti-riot police raided the offices of the Human Rights Center Viasna and detained a total of 57 Belarusian and foreign human rights defenders and volunteers as well as journalists. Human rights defenders and volunteers had gathered there for a training on monitoring the protests and were planning to go to the streets of Minsk for observation of the assemblies. Among them were representatives of Viasna, the Belarusian Helsinki Committee, the Belarusian Documentation Center, Frontline Defenders, International Partnership for Human Rights and other organisations. The police shouted at all present, intimidated them, and ordered to lie down on the floor face down. 57 people were detained without any charges, packed in the buses and brought to the Pervomaisky district police station, where their belongings were searched and their personal information recorded. The detainees were held there for two and a half hours and were released afterwards without charges. One of the detained needed medical treatment because of injuries sustained when being beaten by police. The raid of the offices of Viasna and the detention of the monitors were clearly aimed at intimidating and preventing them from observing the peaceful assembly and documenting possible violations.

The crackdown continued on 26 March, with dozens of people being detained by police as they gathered at October Square in Minsk at noon to express solidarity with those detained the day before. Among the detained on 26 March were at least one human rights defender, one civil society activist and one journalist. Representatives of national and international human rights NGOs, including members of the CSP, continue to document violations perpetrated in connection with the events of the last few days.

The detentions on 25-26 March followed the earlier detention of about 300 people, including opposition members, journalists and human rights defenders in the last few weeks. These detentions have taken place against the background of a wave of peaceful demonstrations that were carried out across Belarus since mid-February 2017 to protest against so-called “social parasites” law which imposes a special tax on those who have worked for less than six months during the year without registering as unemployed. The legislation, which has affected hundreds of thousands of people in the economically struggling country, has caused widespread dismay. On 9 March, President Lukashenko suspended the implementation of the law but refused to withdraw it, resulting in further protests. Many of those detained have been fined or arrested for up to 15 days on administrative charges related to their participation in the peaceful protests. Over two dozen people are facing criminal charges on trumped-up charges of preparation to mass riots.  

Signed by the following CSP members:

 

  1. Analytical Center for Inter-Ethnic Cooperation and Consultations (Georgia)
  2. Article 19 (United Kingdom)
  3. Association UMDPL (Ukraine)
  4. Bir Duino (Kyrgyzstan)
  5. Bulgarian Helsinki Committee
  6. Center for Civil Liberties (Ukraine)
  7. Centre for the Development of Democracy and Human Rights (Russia)
  8. Committee against Torture (Russia)
  9. Crude Accountability (USA)
  10. Freedom Files (Russia/Poland)
  11. German-Russian Exchange – DRA (Germany)
  12. Helsinki Association of Armenia
  13. Helsinki Citizens’ Assembly – Vanadzor (Armenia)
  14. Helsinki Committee of Armenia
  15. Helsinki Committee for Human Rights in Serbia
  16. Helsinki Foundation for Human Rights (Poland)
  17. Human Rights Center of Azerbaijan
  18. Human Rights First  (USA)
  19. Human Rights House Foundation (Norway)
  20. Human Rights Information Center (Ukraine)
  21. Human Rights Monitoring Institute (Lithuania)
  22. The institute for Reporters’ Freedom and Safety (Azerbaijan/Georgia/Switzerland)
  23. Index on Censorship (United Kingdom)
  24. Institute Respublica (Ukraine)
  25. International Partnership for Human Rights (Belgium)
  26. Kazakhstan International Bureau for Human Rights and Rule of Law
  27. The Kosova Rehabilitation Center for Torture Victims
  28. Macedonian Helsinki Committee
  29. Moscow Helsinki Group (Russia)
  30. The Netherlands Helsinki Committee
  31. Norwegian Helsinki Committee
  32. Office of Civil Freedoms (Tajikistan)
  33. Promo-LEX (Moldova)
  34. Protection of Rights without Borders (Armenia)
  35. Public Association “Dignity” (Kazakhstan)
  36. Public Alternative Foundation (Ukraine)
  37. Public Foundation Golos Svobody (Kyrgyzstan)
  38. Public Verdict Foundation (Russia)
  39. Regional Center for Strategic Studies (Azerbaijan/ Georgia)
  40. Serbian Helsinki Committee for Human Rights
  41. SOLIDARUS e.V. (Germany)
  42. The Swiss Helsinki Committee
  43. Ukrainian Helsinki Human Rights Union
  44. Women’s International League for Peace and Freedom
  45. World Organisation against Torture (OMCT)

Other organisations who have joined the statement:

  1. Belarus Free Theatre
  2. Libereco – Partnership for Human Rights (Switzerland)
  3. PEN International

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Belarus: Wave of detentions must end

Dear Mr. President

We, 48 undersigned organizations from 24 countries, strongly condemn the continuing wave of detentions and harassment of peaceful protesters, journalists, human rights defenders, civil society activists, anarchists and opposition party members in Belarus.

Most of the detentions and harassment are linked to participation in peaceful protests demanding the cancellation of Presidential Decree No. 3, the so-called “social parasite” legislation, which imposes a tax on unemployed people in Belarus. Decree No. 3 obligates citizens to work a specific number of days or pay a special duty to the State under threat of arrest. This is contrary to Art. 41 of the Belarusian Constitution and violates international human rights law.

According to reports from Belarusian and international human rights organizations, as of 22 March 2017 more than 250 people have been detained since 3 March 2017, including at least 31 journalists. At least 110 people have been sentenced to 3-15 days of administrative arrest. Many of them remain in detention, while others have been subject to different forms of harassment.

We strongly condemn the fact that several detentions of peaceful protesters at different places across Belarus have been carried out with the excessive use of force by Belarusian security officers.

Several Belarusian organizations have announced a demonstration that will take place in Minsk and in other cities in Belarus on 25 March 2017. We are deeply concerned about the physical and psychological integrity of the participants of these protest marches.

As the president of Belarus we urge you:

  • to respect the right to peaceful assembly and expression
  • to ensure that there are no obstructions to the exercising of these rights in Belarus, including in relation to the planned demonstration on 25 March 2017 in Minsk and in other cities across the country
  • to guarantee in all circumstances the physical and psychological integrity of all peaceful protesters at the demonstration on 25 March 2017 in Minsk as well as at all other peaceful demonstrations across Belarus
  • to refrain from the use of excessive force by security officers on 25 March 2017 in Minsk as well as at all other peaceful demonstrations across Belarus
  • to ensure that journalists are able to fully exercise their professional duties, including during  peaceful demonstrations
  • to immediately and unconditionally release all protesters, journalists, human rights defenders, civil society activists and opposition members who have been detained in connection with the current wave of demonstrations solely for peacefully exercising their right to freedom of assembly and expression
  • to refrain from preventively detaining journalists, human rights defenders, civil society activists, anarchists and opposition activists
  • to immediately stop the persecution, harassment and intimidation of those who exercise their right to freedom of assembly, expression and association and ensure these rights to all Belarusian citizens
  • to abolish Presidential Decree No. 3 since it violates international human rights law

 

Signatories:

Albanian Helsinki Committee

Analytical Center for Interethnic Cooperation and Consultations (Georgia)

Article 19 (UK)

Association UMDPL (Ukraine)

Bir Duino (Kyrgyzstan)

Bulgarian Helsinki Committee

Center for Civil Liberties (Ukraine)

Center for the Development of Democracy and Human Rights (Russia)

Charity foundation “East-SOS” (Ukraine)

Civic Belarus (Czech Republic)

CIVICUS: World Alliance for Citizen Participation, Johannesburg

Committee to Protect Journalists (USA)

Crude Accountability (USA)

FIDH, Paris

Freedom Files (Russia/Poland)

German-Russian Exchange (Germany)

Helsinki Committee for Human Rights in Serbia

Helsinki Committee of Armenia

Helsinki Foundation for Human Rights (Poland)

Human Rights Center “Postup” (Ukraine)

Human Rights Center (Azerbaijan)

Human Rights Information Center (Ukraine)

Human Rights Monitoring Institute (Lithuania)

Humanrights.ch (Switzerland)

Index on Censorship (UK)

Institute Respublica (Ukraine)

International Partnership for Human Rights (Belgium)

IRFS (Azerbaijan)

JEF Europe: Young European Federalists, Brussels

Kazakhstan Interantional Bureau for Human Rights and the Rule of Law

Kharkiv Human Rights Protection Group (Ukraine)

KRF Public Alternative (Ukraine)

Libereco – Partnership for Human Rights (Switzerland/Germany)

Macedonian Helsinki Committee

Memorial International, Moscow

Menschenrechte in Belarus e.V. (Germany)

Moscow Helsinki Group (Russia)

NESEHNUTI – Independent Social Ecological Movement (Czech Republic)

Norwegian Helsinki Committee

Ostgruppen – Swedish Initiative for Democracy and Human Rights

Promo LEX (Moldova)

Protection of Rights without Borders NGO (Armenia)

Public Verdict Foundation Russia)

Reporters Without Borders International, Paris

The Netherlands Helsinki Committee

The Swiss Helsinki Committee

Ukrainian Helsinki Human Rights Union

World Organisation Against Torture (OMCT), Geneva

Azerbaijan: Suspension of sentences for Leyla and Arif Yunus is a welcome step, but justice still elusive

Leyla Yunus (Photo: Human Rights Watch)

Leyla Yunus (Photo: Human Rights Watch)

We — members of the Civic Solidarity Platform and the Sports For Rights Campaign — were relieved to learn that one of Azerbaijan’s most well-known political prisoners, Leyla Yunus, was released from detention yesterday and that that the Baku City Court of Appeal changed her sentence and that of her husband Arif into suspended sentences of 5 years, on probation. However, most of the charges against the couple have not been dropped and, while on probation, Leyla and Arif Yunus will not be able to leave the country. We remain seriously concerned about the state of health of Leyla Yunus, who has been diagnosed with diabetes and hepatitis C, and that of Arif Yunus, who suffers from high blood pressure. There are doubts that adequate medical assistance can be provided to Leyla Yunus in Azerbaijan.

As part of the ongoing civil society crackdown in Azerbaijan, Leyla and her husband Arif were arrested in late July and early August 2014, respectively. On 13 August 2015, they were convicted on charges of large‑scale fraud and tax evasion. Leyla was sentenced to 8.5 years in prison and Arif to 7 years. While in detention, they were humiliated by police officers, put in overcrowded cells, beaten several times and deprived of much needed medical treatment. On 13 November 2015, Arif Yunus was released under house arrest on health grounds. When ruling to change the sentences, the court of appeal dropped the charges of forgery, but retained others. The court also lifted the order to seize the house owned by the couple.

We, members of the Civic Solidarity Platform and the Sports for Rights Campaign, consider the new developments in the case of Arif and Leyla Yunus to be positive and a first step in the right direction. However, we continue to call for all charges against the couple to be dropped. Leyla Yunus requires an urgent medical examination and she should be granted the right to receive medical treatment abroad if necessary. Arif Yunus must also be provided with swift and adequate medical assistance.

Leyla and Arif Yunus are not the only political prisoners in Azerbaijan. Dozens of other civil society activists, human rights lawyers and journalists remain in detention or prison in Azerbaijan solely due to their professional activities and the peaceful and legitimate exercise of their fundamental rights and freedoms. They should be immediately and unconditionally released. The Azerbaijani government must respect its commitments before its own people, as well as its obligations under international human rights law.

 

Signed by:

Analytical Center for Interethnic Cooperation and Consultations

Article 19

Association UMDPL

Bulgarian Helsinki Committee

Baris Zvozkau Belarusian Human Rights House

Center for Civil liberties

Center for the Development of Democracy and Human Rights

Crude Accountability

Freedom Files

Helsinki Committee for Human Rights in Serbia

Helsinki Foundation for Human Rights

Human Rights House Foundation

Human Rights Monitoring Institute

Human Rights Movement “Bir Duino-Kyrgyzstan”

Index on Censorship

International Federation for Human Rights (FIDH)

International Partnership for Human Rights

Kazakhstan International Bureau for Human Rights and Rule of Law

Kosova Rehabilitation Centre for Torture Victims

KRF Public Alternative

Legal Transformation Center

Moscow Helsinki Group

Netherlands Helsinki Committee

Norwegian Helsinki Committee

Nota Bene

Promo LEX

Public Verdict Foundation

SOVA Center for Information and Analyses

Sports For Rights

Swiss Helsinki Committee

World Organization against Torture (OMCT)

Azerbaijan: Anniversary of journalist’s arrest highlights unprecedented repression in 2015

Khadija Ismayilova

Khadija Ismayilova

On the eve of the anniversary of the arrest of journalist Khadija Ismayilova, members of the Sport for Rights coalition and the Civic Solidarity Platform underscore the unprecedented nature of the repression that has taken place in Azerbaijan in the year that has passed. The groups reiterate their call for the immediate and unconditional release of Ismayilova and Azerbaijan’s other political prisoners, and for the international community to take steps to hold the Azerbaijani government accountable for its human rights obligations as matter of urgent priority.

“Ismayilova’s arrest a year ago signalled an escalation of repression in Azerbaijan”, noted Karin Deutsch Karlekar, Director of Free Expression Programs at PEN American Center. “Independent voices are being silenced at an unprecedented rate, and we urge the authorities to cease the legal and extra-legal harassment of journalists and media outlets immediately”.

On 5 December 2014, prominent investigative journalist Khadija Ismayilova was arrested on charges of inciting a local man, Tural Mustafayev, to attempt suicide. Two months later, authorities slammed her with additional politicised charges of embezzlement, illegal business, tax evasion, and abuse of power. After eight months in pre-trial detention, Ismayilova’s trial started on 7 August at the Baku Court of Grave Crimes.

Ismayilova referred to the proceedings as an “express trial”, and observers noted it was rife with due process violations, with the judges rarely granting any motions made by the defence. During the trial, Mustafayev publicly told the court that prosecutors forced him to make a statement against Ismayilova, and withdrew his accusations. Additionally, Ismayilova’s lawyer told the court that her employer did not report any funds missing, that she was not authorised to hire or dismiss other journalists, and that she was not engaged in any commercial enterprise.

On 1 September, the court convicted Ismayilova of the charges of embezzlement, illegal entrepreneurship, tax evasion, and abuse of office, and sentenced her to 7.5 years’ imprisonment. She was acquitted of the charge of inciting Mustafayev to attempt suicide. On 25 November, the Baku Court of Appeals upheld this conviction, and Ismayilova was transferred to Prison Number 4 on 27 November.

Sport for Rights considers the charges against Ismayilova to be politically motivated and connected to her work as an investigative journalist, particularly her exposure of corruption among the ruling elite. Sport for Rights believes that in jailing Ismayilova, the Azerbaijani authorities sought to silence her critical voice before the country faced increased international media attention during the inaugural European Games, which took place in Baku in June. For this reason, Sport for Rights has referred to Ismayilova as a “Prisoner of the Games”.

“Ismayilova’s imprisonment is emblematic of the Azerbaijani authorities’ repression of independent journalists and human rights defenders”, said Melody Patry, Senior Advocacy Officer at Index on Censorship. “Every day Ismayilova and the other political prisoners spend in jail is another reminder to the world that the Azerbaijani government fails to respect and protect the democratic principles and fundamental rights it has committed to upholding”.

Ismayilova is one of dozens of political prisoners in Azerbaijan. Other prominent cases include journalists Nijat Aliyev, Araz Guliyev, Parviz Hashimli, Seymur Hezi, Hilal Mammadov, Rauf Mirkadirov, and Tofig Yagublu; bloggers Abdul Abilov, Faraj Karimli, Omar Mammadov, Rashad Ramazanov, and Ilkin Rustamzade; human rights defenders Intigam Aliyev, Rasul Jafarov, Taleh Khasmammadov, Anar Mammadli, Arif Yunus, and Leyla Yunus; NIDA civic movement activists Rashadat Akundov, Mammad Azizov, and Rashad Hasanov; opposition activist Yadigar Sadikhov; and opposition REAL movement chairman Ilgar Mammadov.

Besides politically motivated arrests and imprisonment, the Azerbaijani authorities continue to employ a wide range of tactics as part of an aggressive crackdown to silence the country’s few remaining critical voices. Independent online television station Meydan TV has been a particular target, with its staff and their relatives threatened, detained, and otherwise pressured in connection with Meydan TV’s critical news coverage of Azerbaijan. Other independent NGOs and media including the Institute for Reporters’ Freedom and Safety and its online television project Obyektiv TV, as well as Radio Free Europe/Radio Liberty’s Baku office, have also been aggressively targeted over the past year.

In addition to the post-European Games crackdown, the Azerbaijani authorities also worked to silence criticism ahead of the 1 November parliamentary elections. For the first time, the elections took place with almost no credible international observers, and with the majority of the traditional opposition boycotting. Independent domestic observers reported widespread fraud, such as carousel voting and irregularities in the vote counting and tabulation process. Now, in the run-up to the Formula One European Grand Prix, which will take place in Baku in June 2016, the crackdown shows no signs of relenting.

These issues and more are detailed in a new Sport for Rights report, No Holds Barred: Azerbaijan’s Human Rights Crackdown in Aliyev’s Third Term, which also contains specific recommendations to the Azerbaijani authorities and the international community on urgent measures needed to improve the dire human rights situation in the country. Sport for Rights and the Civic Solidarity Platform particularly urge the international community to sustain focus on Azerbaijan over the coming months, when critical voices will need concrete support more than ever before.

Supporting organisations:

ARTICLE 19
Association of Ukrainian Human Rights Monitors on Law Enforcement
Canadian Journalists for Free Expression
Center for Civil Liberties (Ukraine)
Centre for the Development of Democracy and Human Rights (Russia)
Civil Rights Defenders
Committee to Protect Journalists
Crude Accountability
Freedom Now
Front Line Defenders
Georgian Young Lawyers’ Association
Golos Svobody Public Foundation (Kyrgyzstan)
Human Rights House Foundation
Human Rights Movement “Bir Duino-Kyrgyzstan”
Index on Censorship
Institute for Reporters’ Freedom and Safety
International Federation for Human Rights (FIDH), within the framework of the
Observatory for the Protection of Human Rights Defenders
International Partnership for Human Rights
Kazakhstan International Bureau for Human Rights and Rule of Law
Kharkiv Regional Foundation – Public Alternative (Ukraine)
Kosova Rehabilitation Centre for Torture Victims
Norwegian Helsinki Committee
PEN American Center
People In Need
Platform
Promo-LEX (Moldova)
Public Verdict Foundation (Russia)
Reporters Without Borders
Sova Center for Information and Analysis (Russia)
World Organisation Against Torture (OMCT), within the framework of the
Observatory for the Protection of Human Rights Defenders