Uta Zapf: Lukashenka is a criminal

There will be no changes in Belarus while a dictator remains in power.

Uta Zapf, a Bundestag’s member from the Social-Democratic part of Germany, said that in an interview to Deutsche Welle. For 15 years she has been heading the German-Belarusian parliamentary group and for several recent years – a special working group of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (PA OSCE) on Belarus. Zapf has decided recently not to run for a new term in the parliament. However Belarus has been and remains a pain spot for her, the German politician stated in an interview to Deutsche Welle when summing up her activities.

- Why Belarus, a European Union’s neighbor country, is perceived more distant than, for example, New Zealand by many Europeans, including Germans?

- May be it is because of the somewhat weird president who has led the country so far from European standards? I am sure that the country’s image is defined by the dictatorial regime of Lukashenka, that is why Europeans, including Germans, consider it so unattractive.

- How did you get along with Belarusian parliamentarians? Do they express their own opinion at points? Are they allowed to have their own opinion?

- I assume, they are not. At least I never met anyone who would say anything different from what the PM’s are prescribed to say from above. We know whom they promote as parliamentarians and which methods are used to oust undesired candidates. Only those remain, who obediently dance to Lukashenka’s fiddle.

- The European Union and Germany tried to use carrots as well as sticks in their relations with Minsk. What was more effective - the policy of sanctions or the policy of rapprochement via a dialogue?

- In my opinion, neither brought about anything. Now we do not have any more sanctions at our disposal, because the sanctions which would affect common citizens are unacceptable to us. But they do not want a carrot in Minsk either.

How many extremely attractive offers were made by Germany and the European Union! There were assistance in developing the infrastructure, and know how transfer, and assistance in building a jural state, whatnot. Minsk needed to only agree. But Lukashenka and his team said no. Neither the sanctions scared them, nor the suggestions tempted. I think that the main issue here is that for Lukashenka the main task is to stay in power.

- Excuse me for a personal question, but do not you get desperate sometimes?

- Yes. I am not full of pessimism. For the long years that I went to Belarus I met so many wonderful people. It is painful to me that they have to live in such a country under such oppression. The people are wonderful, they spare no efforts to help each other.

Non-governmental organizations support each other, help political prisoners, who tried to stand for their civic and political rights or fought for the freedom of media. But neither have they achieved anything. On the contrary, the situation is that it is high time to go into a depression. So sometimes I actually get desperate because we have not managed to achieve anything.

- You party-mate, a chancellor candidate from the Social-Democratic Party of Germany PeerSteinbrück has recently brought numerous complaints for calling Italian politicians Beppe Grillo and Silvio Berlusconi clowns. No one objected the essence of the matter, but a chancellor candidate does not befit to talk like that about foreign politicians. How would you call Aliaksandr Lukashenka?

- I would call him a criminal.

Commentator Aliaksandr Krasnapeutsau

Andrei Sannikov: Belarus needs Poland’s solidarity

Leader of the European Belarus met with representatives of the Polish government and parliament.

On March 7, former presidential candidate, leader of the European Belarus Andrei Sannikov, co-director of the Belarusian House Dzmitry Barodka and editor-in-chief of the website charter97.org Natallia Radzina met with deputy chairperson on the Foreign Affairs Commission, leader of the Belarusian group of the Polish Sejm Robert Tyszkiewicz and members of the group, and with deputy chairperson of the Right and Justice party Adam Lipinski.

During the meetings, the parties discussed the situation in Belarus, Poland’s politics regarding our country and the EU’s politics regarding the Belarusian issue in general. The members of the Polish parliament all agreed that the illegally elected parliament cannot be recognized, and that contacts with the civil society and democratic forces of Belarus should be broadened.

Previously Andrei Sannikov and his wife Iryna Khalip met with Poland’s foreign minister Radoslaw Sikorski.

Andrei Sannikov, coordinator of the Euroepan Belarus Dzmitry Bandarenka and editor-in-chief of charter97.org Natallia Radzina met with deputy foreign minister Katarzyna Pełczyńska-Nałęcz to discuss the Polish-Belarusian relations and the problems of relationships between countries.

Moreover, Andrei Sannikov and Natallia Radzina met with deputy foreign minister, future executive director of the European Foundation in Support of Democracy Jerzy Pomianowski and president of the International Solidarity Foundation Krzysztof Stanowski.

“I am very happy to discuss the situation in Belarus both in the Foreign Ministry and the Sejm (in other words, with the government and the parliament), and even with the future director of the newly established foundation in support of democracy. We have big expectations from the European Foundation in Support of Democracy that will become a tool of real help for the supporters of European and democratic development of Belarus.

Today in Poland the interest in Belarus remains high. Politicians and public figures are concerned that their neighbors live in a dictatorship, and they are looking for ways to impact this situation.

The issue of the political prisoners was raised during every meeting. I am glad that Minister Sikorski and his deputies, representatives of the Sejm confirmed their rigid position regarding liberation of all Belarusian political prisoners. Nevertheless, I am convinced that Poland, too, isn’t doing enough to make it happen. Today, when our friends are being crippled and murdered in prisons, a conversation about some kind of a dialogue with the dictator is impossible. In Poland, there is a very good understanding that the dictatorship in Belarus hinders the development of the entire region. Poland agrees that today the democratic movement in Belarus needs the same level of support that Poland itself received in the Solidarity-times”, Andrei Sannikov commented on his visit to Warsaw.

Commentator Aliaksandr Krasnapeutsau

Arrest of Lukashenka seems difficult but possible

The West has opportunities and tools to arrest the Belarusian dictator and his cronies.

To do this the western countries need proper conditions and political will. Harry Pahanyaila, the head of the legal department of the Belarusian Helsinki Committee (BHC), talks to charter97.org about the prpoposal of Andrew Friedman, an international human rights lawyer, to use the International Criminal Court to fight against dictators.

“The idea to judge tyrants, including the Belarusian one, is very good. But as far as we speak about the International Criminal Court with the Rome Statute, it has not been ratified by Belarus, so the country does not fall within its jurisdiction. On the other hand, the international criminal law has a definition of the universal criminal jurisdiction,” the lawyer says.

He adds that the legislation allows to bring citizens of other countries to responsibility for grave crimes, including torture, kidnapping and homicides.

“What concerns heads of state, we have a big problem. They have immunity from criminal prosecution under the Vienna Convention. Of course, there is a practice of bringing heads of state to responsibility for crimes against humanity and peace, genocide, but it is not used widely,” the human rights activist stressed.

The specialist says the countries as a rule refuse to apply the universal criminal jurisdiction to heads of state preferring to try them as ordinary citizens after expiration of their term in office.

“I would personally welcome the arrest of Lukashenka. It is not easy, but possible. The universal criminal jurisdiction can be applied by the Netherlands, Belgium, Germany, France. A criminal case against the Belarusian dictator can be initiated if these countries have proper conditions and political will. It is more real to do with his cronies: Sheiman, Sivakou, Paulyuchenka, Navumau and others. They don't have immunity,” Harry Pahanyaila said.

It should be reminded that Andrew Friedman, an international human rights lawyer, wrote on Bloomberg's website about using the International Criminal Court to fight against dictators.

Commentator Aliaksandr Krasnapeutsau

Bloomberg: US should take steps against despot Lukashenka

The US should use the International Criminal Court to fight against dictators.

The creeping infringement on human rights in Russia under President Vladimir Putin raises a broader quandary for the international community: Do repressive laws matter if they’re rarely or never enforced?

Over the past year, Russia’s parliament has passed a raft of measures impinging upon the human rights of its citizens. They allow authorities to impose onerous fines for unsanctioned gatherings, shut down websites they view as extremist and imprison journalists for slander.

Because the laws are often vaguely worded and have not yet been aggressively enforced, some might see them as something less than serious. As Bloomberg View writer Leonid Bershidsky put it: “The parliament has used its year in power to turn Russia from a pretend democracy into an equally fake dictatorship.”

Such analysis overlooks the powerful effect of simply having repressive rules on the books. The selective enforcement of draconian laws and regulations is a well-used tool of dictators around the world. The strategy allows them to single out opponents of their regimes, and has a chilling effect on those who would like to push for a government that respects human rights.

Last Dictatorship

Consider Europe’s last dictatorship, the ex-Soviet state of Belarus. Any assembly requires advanced permission from the government, a common stipulation even in free societies. In Belarus, permission can be denied arbitrarily. This results in the refusal of permits for regime opponents, who are then beaten and arrested should they dare to go ahead with gatherings. Prison sentences have been handed out for activities as innocuous as clapping hands along with a protest.

Belarusian elections offer an even starker example. In the 2010 presidential race, 7 of 9 opposition candidates were jailed, and several received lengthy prison sentences. Opposition candidate Andrei Sannikau was convicted of breaching the public order for his role in organizing a protest. Put simply, in Belarus, if you agree with the regime, you are welcome to take to the streets in support or stand for elections. If you disagree, you are welcome to head to jail.

Venezuelan President Hugo Chavez and his regime have a similarly selective approach to enforcement. Regulators have used a 2004 content law to shut down opposition media outlets, a campaign that has resulted in an extremely pro-government media. The crackdown promises to expand under a 2010 law extending content restrictions to the internet.

Belarus and Venezuela are positive examples, in that they are real instances where selective enforcement of laws was used to dissuade opposition. The unseen, negative effects could be still greater.

If you were an activist in a country that is something less than free, would the possibility of substantial punishment dissuade you from pursuing your liberties? Most activists would say no, that the fight for freedom is worth it. What if you were merely considering becoming an activist? How about if you were an ordinary citizen who had only recently become frustrated by government policies and were looking for a way to express that anger? Then the answer becomes much more difficult.

It’s overly simplistic to assume that dictators and despots do whatever they want without any regard for the law. In the seminal volume “Constitutions in a Non-Constitutional World,” legal scholar Nathan J. Brown details Arab Basic Laws under autocrats who had no interest in respecting freedom or human rights. Instead of writing such legal documents and then violating them, oppressive governments instead simply wrote laws that allowed them to be oppressive and then used those powers primarily against opponents.

No Excuse

Getting countries to abide by international law, which forbids such repressive legislation, has always been difficult. This is no excuse for giving up. There are several steps that can be taken to encourage states to respect fundamental human rights.

First and foremost, the world’s single superpower, the U.S., must show a renewed respect for international law. This could begin with ratification of the Law of the Sea Convention and a renewed conversation regarding U.S. participation in other global legal regimes, such as theInternational Criminal Court.

The United Nations can also take steps. For example, Venezuela is currently a member of the UN Human Rights Council. Participation on such bodies by serial human rights violators should not be tolerated. Only if leadership comes from the U.S. and the U.N. will international law have a chance of becoming a consideration for despotic governments.

Commentator Aliaksandr Krasnapeutsau

Bakiyev in Minsk plots coup in Kyrgyzstan

Kyrgyz politologists warn about a possible coup organised by the country's former president.

Kurmanbek and Zhanysh Bakiyevs will try to return home with the help of their supporters who still live in Kyrgyzstan. They are making attempts to unsettle the situation in the country, Kyrgyz gezitter.kz writes.

Kurmanbek Bakiyev was closely connected to criminal structures when he was in office. It is proved with solving the mystery of the death of three persons, including former head of the president's administration Medet Sadyrkulov. At the trial in Sadyrkulov's case on February 11, Kurmanbek Bakiyev was sentenced in absentia to 24 years in prison and his younger brother Zhanysh Bakiyev was given a life term. After that, the Kyrgyz parliament appealed to international parliamentary organisations asking for their assistance in extradition of the Bakiyevs from Belarus.

Analysts suppose that the Bakiyevs will exert all efforts to return to the country and organise disorders and perhaps a coup there.

“Even if their associates serve their prison terms in spring, the Bakiyevs won't sit on their hands. Under the court decision, one of them got a 24-year prison term and the other one was sentenced to life. Will they idly? No, they will try to act via their people,” Kyrgyz analyst Mars Sariyev says.

The politologist also names supporters of the former president, who may lead the coup. They are Kamchybek Tashiyev, Sadyr Zhaparov, Akmatbek Keldibekov and others. Among them are Maksim Bakieyv's business partner and head of Respublika Party Omurbek Babanov, patriarch of the country's southern elite Usen Sydykov and others.

A former president of Kyrgyzstan, Kurmanbek Bakiyev, and his brother Zhanybek Bakiyev were put on the CIS and Interpol wanted lists. They are charged with involvement in mass killings. The former Kyrgyz president and his family have been hiding in Belarus since April 2010. Kurmanbek Bakiyev received a Belarusian passport in August 2010.

The Kyrgyz authorities have repeatedly demanded to extradite the Bakiyevs to Kyrgyzstan, where they were tried in absentia.

Commentator Aliaksandr Krasnapeutsau

100,000 people across the world support Ales Byalyatski

Amnesty International presents the results of the Letter Writing Marathon. Thousands of people wrote letters to Ales Byalyatski as part of the marathon.

As many as 104,731 measures were taken to support the Belarusian human rights activist, who was recognised prisoner of conscience.

Participants of the international marathon showed their support to Ales Byalyatski, the jailed head of Viansa human rights centre and vice president of the International Federation for Human Rights (FIDH), in different ways offered by Amnesty International's activists – writing letters of solidarity, signing petitions to the Belarusian authorities for the release of Ales Byalyatski, performances, concerts and light shows.

Amnesty International names the countries that joined the marathon: Austria, Belgium, Bermuda, Bulgaria, Canada, Cyprus, the Czech Republic, Finland, Ghana, Iceland, Ireland, Italy, Japan, Latvia, Luxembourg, Mali, Malta, Moldova, Mongolia, Paraguay, Poland, Portugal, Puerto Rico, Romania, Russia, Slovakia, Slovenia, South Korea, Sweden, Switzerland, Taiwan, Togo, Tunis, Ukraine, Venezuela, the UK.

The organisation enlists some actions to support Ales Byalyatski.

People received stickers with the portrait of the jailed human rights activists.

Former political prisoner Andrei Sannikov took part in the marathon on the Human Rights Day in Amnesty International Secretariat in London.

The annual letter writing marathon was launched by Amnesty International on December 7, 2012, ahead of the Human Rights Day. It was carried out all over the world with a slogan “Write for Rights!' The marathon was organised to attract attention of the international community to the fate of human rights activists prosecuted by the authorities in different countries of the world.

Commentator Aliaksandr Krasnapeutsau

Beaten victims punished instead of sadist policemen

A criminal case has been filed against Ivan Shkurko, beaten by policemen in Lida.

In autumn last year policemen in Lida beat, humiliated and tortured two detained young people.

The accusation has been put forward only now, but not to the policemen. One of the victims faces a prison term for resisting public agents. The Investigatory Committee refuses to comment on this case, Belsat TV channel reports.
The incident with the detention and beating of Ivan and Bahdan Shkurko happened at night on 18 November in the club Prospect in LIda. The brothers came to a disco to have fun but got under the fists and boots of the security and administration of the club. They say, one of the guards did not like them for some reason.

“The beating of Bahdan took place in the club’s foyer. The initial reason of the conflict was the underage guard”, - Larysa Shkurko, the mother of the brothers, says.

Ivan tried to prevent the beating of his brother, to stop the fight as he could.

“Two people held him, the third one kicked the head like a football ball. It all was happening before my eyes”, - he told.

In some time a police brigade came to help the beating.

The policemen brutally detained the brothers, using sticks, handcuffs and tear gas. Ivan says, he did not expect such an attack since they did not resist the police. And they could not with their eyes sprayed with tear gas. The policemen kept beating the guys further from people’s eyes and surveillance cameras. Ivan was being beaten on his leg that had been broken already, and then they decided to torture him.
“The guy was undressed, they kept beating him in the car, one of the policemen started using gas”, - a human rights activist Andrei Bandarenka told.

But it is not all what they did to Ivan.

“They took him to a forest, beat, and started peeing on the guy’s head after that. These are not just tortures, these are perverted tortures”, - the human rights activist says.

The corporal punishment continued at the police station. When the mother of the detained brothers came to the police station, she was shocked by what she heard.

“I rapidly ran into the police station and heard thuds, a child’s groans. He was begging, asking “Do not touch me”. And then they sprayed the gas. They started to quarreled among themselves – “Why you sprayed so much, it is impossible to stay in here”, - the Ivan and Bahdan’s mother told.

The policemen acted so brutally that Ivan and Bahdan Skurko were taken to a hospital the next day. Ivan’s injuries are registered in photographs and the conclusion of a medicolegal investigation.

“The bruises were caused by strikes of a subject of a oblong shape (probably a rubber stick), which is confirmed by the shape of the bruises and their size… There were no less than 30 traumatic interacitons of firm blunt objects with different parts of the victim’s body”, - the excerpt from the expertise conclusion by a state medical expert Volha Trafimava.

As the result a criminal case has been filed. But not against the one who did the beatings, but against the victim himself. Bahdan Shkurko faces an administrative responsibility for resisting policemen and disorderly conduct. They took up Ivan later. In January he was detained and after a beating at the same police station put in prison for three days for disorderly conduct. And in February a criminal case has been filed against the young man. He faces up to five years in prison for resisting the police. All that time Larysa Shkurko has been trying to achieve justice, but so far no one of the policemen has been punished.

Tortures are not rare with Belarusian police. A widely known is the case of Vasil Sarochyk, who was tortured to take responsibility for a number of thefts. A foreman Pavel Laushyn from Minsk also went through the police hell. They tried to accuse him of stealing pipes at his own site. And Pavel Plaksa has been sentenced to 10 year in high security prison, having forced out the testimonials with tortures.

Commentator Aliaksandr Krasnapeutsau