Human rights organisations call on French president to pressure Azerbaijan

President of France, Mr. Emmanuel Macron
L’Élysée
55 Rue du Faubourg Saint-Honoré
75008 Paris, France

Ministry of Europe and Foreign Affairs of France
37, Quai d’Orsay
75351 Paris, France

Embassy of France to Azerbaijan
9, rue Rassoul Rza
AZ 1000, Baku, Azerbaijan

Subject: Support for political prisoners in Azerbaijan

11 July 2017

Dear President Macron,

We are writing to you on behalf of the undersigned organisations to draw your attention to the repressive free speech situation in Azerbaijan and to request your support to ensure the release of those imprisoned on politically motivated grounds in this country. In particular, we urge you to use your administration’s  influence and leverage to help ensure the implementation of the ruling issued by the European Court of Human Rights (ECtHR) on the case of political opposition activist Ilgar Mammadov. He remains in prison, although the Court concluded that he was detained in retaliation for his criticism of the government. The persistent non-execution of the ruling in his case by the Azerbaijani authorities is undermining the credibility of the human rights protection regime established by the Council of Europe and sets a dangerous precedent for all those wrongfully prosecuted in Azerbaijan who turn to the Court in search of justice.

In view of France’s role as a leading European state and host country for the ECtHR and other Council of Europe bodies, as well as its well-developed cooperation with Azerbaijan in trade and other areas, your engagement on this issue would be particularly important. We welcome the moral, value-based and human rights oriented leadership that you have embraced for your presidency and are confident that you will vigorously pursue human rights in relations with Azerbaijan’s government on the basis of the common standards set out in the European Convention on Human Rights.

In the last few years, Azerbaijan’s government has carried out a relentless crackdown on alternative voices in the country. Legislation seriously restricting the operation of NGOs has been enforced, independent media subjected to pressure, the political opposition has been marginalised and human rights defenders, journalists and political opposition activists have been arrested, convicted and imprisoned on politically motivated charges.

While some of those imprisoned on such grounds have been released as a result of international pressure, new arrests continue to take place. For example, well-known blogger Mehman Huseynov was arrested and sentenced to two years in prison on defamation charges in March this year after speaking out about police ill-treatment. Journalist Aziz Orujov and opposition member Gozel Bayramli were arrested on other spurious charges in  May,  while in the same month journalist  Afgan  Mukhtarli was abducted in Georgia only to resurface in Azerbaijani custody. Many government critics imprisoned in previous years also remain behind bars, including Ilgar Mammadov.

Ilgar Mammadov, who chaired the political opposition REAL party and served as director of the Council of Europe School of Political Studies in Azerbaijan, was detained in February 2013 after monitoring and reporting on street protests in the town of Ismayilli, which resulted in clashes with the police. He was groundlessly accused of instigating these clashes and sentenced to seven years in prison on trumped-up charges of organising mass riots and using violence against police. In a judgment issued in May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated his rights to liberty and security, judicial review of his detention and to be presumed innocent under the European Convention on Human Rights. The court also found that Azerbaijan’s government had imposed restrictions on his rights for purposes other than those permitted, in violation of its obligations under the Convention. The court concluded that Mammadov was detained on political rather than legal grounds for the purpose of punishing and silencing him for his criticism of the government.

It has now been more than three years since the ECtHR adopted its judgement in this case, but the Azerbaijani authorities have consistently failed to implement it, although Azerbaijan is legally bound to comply with ECtHR rulings as a party to the European Convention on Human Rights. The Azerbaijani authorities have ignored repeated calls by other Council of Europe bodies, including its Committee of Ministers – which supervises the implementation of court rulings, its Secretary General and its Human Rights Commissioner to execute the judgment on Mammadov’s case. In November 2016, Azerbaijan’s Supreme Court rejected an appeal submitted by Mammadov on the basis of the ECtHR ruling and upheld his seven- year prison sentence. As a result, he continues to be unlawfully imprisoned.

To date the case of Ilgar Mammadov is the only one where the relevant authorities have failed to implement an ECtHR ruling that has found that the detention of an individual violates the right to liberty and security under the European Convention on Human Rights. As emphasized in a joint statement issued by 44 members of the Civic Solidarity Platform and the Sport for Rights Coalition in May 2017, the non-implementation of the ECtHR’s judgment on this case has developed into a test of the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region. Thus, this case is no longer only about the unlawful deprivation of liberty of Ilgar Mammadov. On the contrary, it has become a case that risks weakening the effectiveness of the entire human rights protection regime established by the Council of Europe, as well as eroding confidence in this regime among people in Azerbaijan and other member states who turn to the ECtHR when their rights are being trampled upon by their governments.

We urge you to do all in your power to help prevent this dangerous outcome and to ensure the implementation of the ECtHR judgment in the case of Ilgar Mammadov, as well as the release of him and others arbitrarily detained on politically motivated grounds in Azerbaijan. To this end, we urge you in particular to:

  • Support the civil society appeal to the Committee of Ministers of the Council of Europe to refer the case of Ilgar Mammadov back to the ECtHR on the grounds of non-execution of the judgment under article 46.4 of the European Convention on Human Rights, which sets out a mechanism in cases where parties to the convention refuse to abide by a final
  • Issue a public statement on the importance of the execution of ECtHR judgments in view of the integrity and credibility of the human rights protection regime established by the Council of Europe, giving particular attention to the failure by the Azerbaijani authorities to date to implement the ruling on the case of Ilgar Mammadov and the wider implications of
  • Prominently raise the case of Ilgar Mammadov and others who have been deprived of their liberty in retaliation for their exercise of fundamental freedoms in Azerbaijan, including Mehman Huseynov, Aziz Orujov, Gozel Bayramli and Afgan Mukhtarli in relations with the Azerbaijani authorities and use all available means of leverage to press for their
  • Invite representatives of Azerbaijani civil society to a meeting to demonstrate support with them and to discuss the challenges they face and ways in which your administration can help address these challenges and promote improved respect for the standards protecting fundamental freedoms set out in the European Convention on Human

We thank you for your consideration of the issues raised in this letter and would be happy to provide additional information should you so request.

Sincerely,

  • Association UMDPL (Ukraine)
  • Bir Duino (Kyrgyzstan)
  • Canadian Journalist for Free Expression (Canada)
  • Center for Civil Liberties (Ukraine)
  • Center for Participation and Development (Georgia)
  • Centre for the Development of Democracy and Human Rights (Russia)
  • Crude Accountability (USA)
  • Eastern Partnership Civil Society Forum
  • Fair Trails (UK)
  • Freedom Files (Poland/Russia)
  • Freedom Now (USA)
  • German-Russian Exchange (DRA – Germany)
  • Helsinki Committee for Human Rights (Serbia)
  • Helsinki Foundation for Human Rights (Poland)
  • Human Rights Matter (Germany)
  • Human Rights Watch (USA)
  • Index on Censorship (UK)
  • International Partnership for Human Rights (Belgium)
  • Kazakhstan International Bureau for Human Rights and the Rule (Kazakhstan)
  • Legal Policy Research Center (Kazakhstan)
  • Legal Transformation Center (Belarus)
  • Libereco – Partnership for Human Rights (Germany/Switzerland)
  • Moscow Helsinki Group (Russia)
  • Norwegian Helsinki Committee (Norway)
  • PEN America (USA)
  • People in Need (Czech Republic)
  • Public Association “Dignity” (Kazakhstan)
  • Public Verdict Foundation (Russia)
  • Regional Center for Strategic Studies (Azerbaijan)
  • The Barys Zvozskau Belarusian Human Rights House (Belarus)
  • The Kosova Rehabilitation Centre for Torture Victims (Kosovo)
  • Truth Hounds (Ukraine)
  • World Organisation against Torture (OMCT)

Human rights defenders from Azerbaijan who have signed the letter:

  • Akif Gurbanov, Institute for Democratic Initiatives
  • Alasgar Mammadli, lawyer
  • Anar Mammadli, Election Monitoring and Democracy Training Center
  • Annagi Hajibayli, Azerbaijan Lawyers Association
  • Asabali Mustafayev, lawyer
  • Bashir Suleymanli, Civil Rights Institute
  • Intiqam Aliyev, Legal Education Society
  • Khadija Ismayilova, human rights defender, investigative journalist
  • Latafat Malikova, Regional Human Rights and Education Public Union
  • Rasul Jafarov, Human Rights Club
  • Samir Kazimli, human rights defender
  • Xalid Bagirov, human rights defender, lawyer
  • Zohrab Ismayıl, Public Association for Assistance to Free Economy

Azerbaijan: Time for justice for Ilgar Mammadov

Azerbaijan political prisoner Ilgar Mammadov

Ilgar Mammadov

Today three years have passed since the European Court of Human Rights (ECtHR) delivered its judgment on the case of political prisoner Ilgar Mammadov, concluding that the Azerbaijani authorities had detained him to punish him for his criticism of the government. In spite of this ruling, and repeated calls for his release by Council of Europe bodies in follow-up to the ruling, the Azerbaijani authorities have persistently refused to execute the decision of the Court and free Ilgar Mammadov. In view of this, we, members of the Civic Solidarity Platform and the Sports for Rights Coalition, call on the Committee of Ministers of the Council of Europe to refer the case back to the ECtHR on the grounds of non-execution of the judgment. This is crucial to ensure justice for this wrongly imprisoned government critic, who has already spent more than four years behind bars, as well as to safeguard the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region.

Ilgar Mammadov, chair of the political opposition REAL party, was a well-known opponent of the regime when he was arbitrarily detained in February 2013. He attempted to stand in the 2013 presidential elections, gathering the required 40 000 signatures in support of his candidacy, which the Central Election Commission ruled as invalid.[i] He was also outspoken in his criticism of the policies of the authorities on his blog and in the media. Ilgar Mammadov was detained after monitoring and reporting on street protests in the town of Ismayilli in January 2013, which resulted in clashes with the police. He did not participate in these protests, but travelled to the region after they took place to observe developments and revealed the role of individuals with ties to the authorities in initiating the clashes. In spite of the lack of evidence llgar Mammadov was accused of instigating the Ismayilli clashes and on 17 March 2014, he was sentenced to seven years in prison on trumped-up charges of “organizing mass riots” and using “violence against police officers”. His sentence was upheld on appeal.

In a judgment issued on 22 May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated numerous provisions of the European Convention on Human Rights, including Articles 5.1, 5.4 and 6.2 on the right to liberty and security, the right to judicial review of one’s detention and the principle of presumption of innocence, as well as article 18 that limits the applicability of restrictions on rights. The Court concluded that Ilgar Mammadov had been detained without any evidence to reasonably suspect him of having committed a crime and that the actual purpose of his detention was to silence and punish him for criticizing the government and publishing information it was trying to hide.[ii]

In its follow-up to the ECtHR’s ruling, the Committee of Ministers of the Council of Europe — the body responsible for supervising the execution of ECtHR judgements — has repeatedly called on the Azerbaijani authorities to release Ilgar Mammadov. The Committee has examined this case as a matter of priority in its review of the execution of ECtHR judgments by Council of Europe member states and adopted a number of decisions and interim resolutions on it.[iii]

Other Council of Europe bodies, including the organization’s Secretary General, its Human Rights Commissioner and the President of its Parliamentary Assembly have also repeatedly called for Ilgar Mammadov to be released. However, the Azerbaijani authorities have flagrantly ignored these calls and refused to implement the ECtHR’s judgment and release Mammadov.

In view of the continued failure of the Azerbaijani authorities to implement the ECtHR’s decision on Ilgar Mammadov’s case, the Council of Europe’s Secretary General Thorbjørn Jagland launched an official inquiry into Azerbaijan’s implementation of the European Convention on Human Rights in December 2015.[iv]Under Article 52 of the Convention, the Secretary General may initiate an inquiry into how the domestic law of member states ensures the effective implementation of the Convention. This was the first time that Secretary General Jagland had taken such a measure and his initiative was welcome and important.

However, in November 2016, Azerbaijan’s Supreme Court nevertheless rejected an appeal submitted by Ilgar Mammadov on the basis of the ECtHR ruling and upheld his seven-year prison sentence. Thus, Ilgar Mammadov remains behind bars for no other reason than speaking out critically about those in power. This continued defiance by the Azerbaijani authorities leads us to conclude that further action is urgently required.

Therefore, we call on the Committee of Ministers to refer the case back to the ECtHR under Article 46.1 of the European Convention on Human Rights, which obliges the parties to the Convention to abide by the final judgment of the Court in any case to which they are parties. The Convention authorizes the Committee to take action to this end. Article 46.4 states: “If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two-thirds of the representatives entitled to sit on the committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.”

Ilgar Mammadov v. Azerbaijan has become a test case of the legitimacy of the Council of Europe. When commenting on the Supreme Court’s failure to uphold Azerbaijan’s obligation to execute the ECtHR judgment last year, Secretary General Jagland stated: “Azerbaijan’s flagrant disrespect of the European Convention on Human Rights undermines the entire scope of our cooperation” [and] “affects the 46 Member States of the Council of Europe who have a collective responsibility for the implementation of the Convention”.[v]

By resorting to the ultimate mechanism for addressing non-compliance of judgments set out by the European Convention on Human Rights, the Committee of Ministers can take resolute action to safeguard the Council of Europe’s integrity and ensure that the Azerbaijani authorities finally abide by their obligations under the Convention, implement the ECtHR ruling and free Ilgar Mammadov.

Signed by the following members of the Civic Solidarity Platform and the Sport for Rights Coalition:

1. Association of Ukrainian Human Rights Monitors on Law Enforcement (UMDPL, Ukraine)
2. Barys Zvozskau Belarusian Human Rights House
3. Bir Duino-Kyrgyzstan
4. Bulgarian Helsinki Committee
5. Center for Civil Liberties (Ukraine)
6. Center for Participation and Development (Georgia)
7. Center for Regional Strategic Studies (Azerbaijan)
8. Center for the Development of Democracy and Human Rights (Russia)
9. Civil Rights Defenders (Sweden)
10. Committee Against Torture (Russia)
11. Crude Accountability (USA)
12. Fair Trials (UK)
13. International Federation for Human Rights (FIDH, France)
14. Freedom Files (Poland)
15. Freedom House (USA)
16. Freedom Now (USA)
17. Helsinki Foundation for Human Rights (Poland)
18. Human Rights Center of Azerbaijan
19. Human Rights Club (Azerbaijan)
20. Human Rights Monitoring Institute (Lithuania)
21. Humanrights.ch (Switzerland)
22. IDP Women Association “Consent” (Georgia)
23. Index on Censorship (UK)
24. Institute for Reporters Freedom and Safety (Azerbaijan)
25. Institute Respublica (Ukraine)
26. International Partnership for Human Rights (IPHR, Belgium)
27. Kazakhstan International Bureau for Human Rights and the Rule of Law
28. Kosova Rehabilitation Centre for Torture Victims
29. Libereco – Partnership for Human Rights (Germany)
30. Moscow Helsinki Group (Russia)
31. Netherlands Helsinki Committee
32. Norwegian Helsinki Committee
33. Notabene (Tajikistan)
34. PEN America (USA)
35. PEN International
36. Promo LEX Association (Moldova)
37. Public Alternative (Ukraine)
38. Public Association “Dignity” (Kazakhstan)
39. Public Verdict Foundation (Russia)
40. Swedish OSCE Network: signed in personal capacity by Olof Kleberg and Anki Wetterhall
41. Truth Hounds (Ukraine)
42. Ukrainian Helsinki Human Rights Union
43. Women of the Don (Russia)
44. World Organisation Against Torture (OMCT) (Switzerland)

[i] In several rulings against Azerbaijan, the ECtHR has found that the practices of the Central Election Commission with respect to the validation of signatures violate Article 3 of Protocol No. 1 to the European Convention on Human Rights, which protects the right to free elections.

[ii]  The judgment is available at: http://hudoc.echr.coe.int/eng?i=001-144124

[iii]  The most recent decision on this case adopted by the Committee of Ministers is available at: https://rm.coe.int/16806c4554

[iv] See press release at: http://bit.ly/2q8CRNI

[v] His statement is available at: https://www.coe.int/en/web/portal/-/azerbaijan-statement-by-secretary-general-jagland-on-the-decision-of-the-supreme-court-today-rejecting-the-appeal-by-ilgar-mammadov

Investigate corruption allegations linking PACE and Azerbaijan

We, representatives of international and national non-governmental organisations, issue this appeal prior to a discussion of the investigation into allegations of corruption at the Parliamentary Assembly of the Council of Europe (PACE) in connection with its work on Azerbaijan, at the Assembly’s April 2017 session and a meeting of the Bureau of the Assembly before the session. We call upon you to support a full, thorough and independent investigation into the corruption allegations, with full civil society oversight.

We are extremely concerned about credible allegations presented in a December 2016 report by the European Stability Initiative (ESI), “The European Swamp: Prosecutions, corruption and the Council of Europe” building on previous findings by ESI and others published in 2012-16, detailing improper influencing of Assembly members by representatives of the Azerbaijani government. In particular, the reports include credible allegations that PACE members from various countries and political groups received payments and other gifts with a view to influencing the appointment of Assembly rapporteurs on Azerbaijan, as well as reports and resolutions of the Assembly on Azerbaijan, most notably the PACE vote on the draft resolution on political prisoners in Azerbaijan in January 2013.

The allegations regarding improper conduct of PACE members are serious, credible, and risk gravely undermining the credibility of the Assembly, as well as the Council of Europe as a whole. It is essential that these allegations are investigated thoroughly and impartially. Calls and recommendations for independent investigation into these allegations put forward by ESI have been echoed by many civil society actors, including Amnesty International, Transparency International, and a group of 60 members of Azerbaijani civil society actors and 20 international NGOs.

We welcome the decision of the PACE Bureau on 27 January 2017 to set up an independent investigation body to shed light on hidden practices that favour corruption. The Bureau has also committed to revising the Assembly’s Code of Conduct and invited GRECO (the Council of Europe’s Group of States against Corruption) to provide advice to the Rules Committee, charged with the investigation.

On 3 March, Wojciech Sawicki, PACE Secretary General, presented the Assembly Bureau with a draft terms of reference for the external and independent investigation at the Bureau meeting in Madrid. The proposal is credible, defining a wide mandate and competences and including strong guarantees for the independence of the investigation and safeguards against non-compliance with its work.

Unfortunately, the proposal was met with resistance at the meeting, and no agreement was made on its substance. The proposal was further discussed at a meeting of the heads of the PACE Parliamentary groups on 28 March in St Petersburg: again, no consensus was reached on its content, and whether it should be adopted.

A thorough investigation is essential to restore PACE’s credibility and allow it to effectively address human rights violations across the Council of Europe, including in Azerbaijan. The chairman of Azerbaijani NGO the Institute for Reporters Freedom and Safety, Mehman Huseynov is already facing reprisals for raising the corruption allegations during the January PACE session. A day after his NGO sent a letter about the corruption allegations to PACE members in January, he was abducted and tortured by police and later sentenced for 2 years on defamation charges for allegedly making false allegations about torture. For PACE to be in a position to respond to such violations, it must be seen as independent and not under the influence of states wishing to influence their conduct.

We call upon members of the PACE Bureau to commit to the Sawicki proposal and to call for a full plenary debate on the proposal at the April session of PACE. We also call on the PACE Bureau to include a mechanism of civil society oversight of the investigation to ensure its full independence and impartiality.

We call upon all Members of the Assembly to support in the strongest possible terms an independent, external and thorough investigation. This can be done by signing a written Declaration on the Parliamentary Assembly Integrity introduced on 25 January 2017 by PACE members Pieter Omtzigt (The Netherlands, Christian Democrat), and Frank Schwabe (Germany, Social Democrat) urging the PACE President Pedro Agramunt (Spain, EPP) to launch a “deep, thorough investigation by an independent panel” that makes its findings public. More than one fifth of the Assembly members have joined the declaration. More voices in support of the Assembly integrity are needed. Moreover, PACE members must insist on their right to discuss the Sawicki proposal at the April session of the Assembly, to ensure that PACE has the mechanisms in place to adequately deal with corruption allegations.

We call on the Secretary General of the Council of Europe Thorbjorn Jagland to make a very strong statement to affirm that there will be no tolerance of any corruption, including bribery, trading in influence or taking up of roles that imply a conflict of interest, in the Parliamentary Assembly and the Council of Europe in general.

Commitment to the rule of law, integrity, transparency, and public accountability should be effectively enforced as the key principles of the work of the Parliamentary Assembly. If such a decision is not made now, reputational damage to PACE may become irreparable, preventing PACE from fulfilling its role as a guardian of human rights across the Council of Europe region.

Signatures:
1. The Netherlands Helsinki Committee
2. International Partnership for Human Rights (Belgium)
3. Centre for the Development of Democracy and Human Rights (Russia)
4. Freedom Files (Russia/Poland)
5. Norwegian Helsinki Committee
6. Ukrainian Helsinki Human Rights Union
7. Analytical Center for Interethnic Cooperation and Consultations (Georgia)
8. Article 19 (UK)
9. The Barys Zvozskau Belarusian Human Rights House (Belarus/Lithuania)
10. Index on Censorship (UK)
11. Human Rights House Foundation (Norway)
12. Human Rights Movement “Bir Duino-Kyrgyzstan”
13. PEN International (UK)
14. Crude Accountability (USA)
15. Legal Transformation Center (Belarus)
16. Bulgarian Helsinki Committee
17. World Organisation Against Torture (OMCT) (Switzerland)
18. The Kazakhstan International Bureau for Human Rights and the Rule of Law
19. Belarusian Helsinki Committee
20. Center for Civil Liberties (Ukraine)
21. Promo LEX (Moldova)
22. Libereco – Partnership for Human Rights (Germany/Switzerland)
23. Public Association “Dignity” (Kazakhstan)
24. Human Rights Monitoring Institute (Lithuania)
25. Swiss Helsinki Committee
26. Human Rights Information Center (Ukraine)
27. Public Verdict Foundation (Russia)
28. Albanian Helsinki Committee
29. Kharkiv Regional Foundation “Public Alternative” (Ukraine)
30. Helsinki Foundation for Human Rights (Poland)
31. Women of Don (Russia)
32. DRA – German-Russian Exchange (Germany)
33. Association UMDPL (Ukraine)
34. European Stability Initiative (Germany)
35. International Media Support (IMS) (Denmark)
36. Civil Rights Defenders (Sweden)
37. International Federation for Human Rights (FIDH) (France)
38. Sova Center for Information and Analysis (Russia)
39. Kosova Centre for Rehabilitation of Torture Victims (Kosovo)
40. Truth Hounds (Ukraine)
41. People in Need Foundation (Czech Republic)
42. Eastern Partnership Civil Society Forum (Belgium)
43. Macedonian Helsinki Committee
44. International Youth Human Rights Movement
45. Human Rights First (USA)
46. Regional Center for Strategic Studies (Georgia/Azerbaijan)
47. Human Rights Club (Azerbaijan)
48. Institute for Reporters Freedom and Safety (IRFS) (Azerbaijan)
49. Media Rights Institute (Azerbaijan)
50. Public Association for Assistance to Free Economy (Azerbaijan)
51. Institute for Peace and Democracy (Netherlands/Azerbaijan)
52. Turan News Agency (Azerbaijan)
53. Democracy and NGO development Resource Center (Azerbaijan)
54. Youth  Atlantic Treaty Association (Azerbaijan)
55. Monitoring Centre for Political Prisoners (Azerbaijan)
56. Azerbaijan without Political Prisoners (Azerbaijan)

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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