Belarus
28.06.04
Urgent Interventions
Belarus: court decision on Belarusian Helsinki Committee yet prosecution of Chair and Accountant continues
URGENT APPEAL –THE OBSERVATORY
New information
BLR 001 / 0604 / OBS 046.1
Court decision / Prosecutions
Belarus
June 28, 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information on the following situation in Belarus.
New information:
The Observatory has been informed that the decision of the Tax Inspection of the Moscow District of Minsk, requesting the Belarusian Helsinki Committee (BHC) to pay 155 000 000 Belarus Rubles (approx. $80 000) for « tax evasion », was cancelled by the Economic Court of Minsk on June 23, 2004. This decision is the result of a complaint lodged by the BHC against the Tax Inspection of the Moscow District of Minsk.
According to the information received, the Court stated that the BHC had fulfilled all the procedures and acted within the legal framework. The Court ruled as well that the BHC was to be refunded 190 000 roubles by the Tax Inspection of the Moscow District of Minsk.
The Observatory welcomes this decision and thanks all the persons, organisations and institutions that intervened in favour of the BHC.
However, the Observatory recalls that Ms. Tatsiana Protska, Chair of the Committee, and Ms. Tatsiana Rutkevitch, chief accountant of the BHC remain prosecuted on the basis of article 243 § 2 of the Criminal Code concerning “tax evasion”. The Observatory calls the Belarusian authorities to ensure that the charges against them are dropped since the grounds for them are not valid.
Background information:
Between August 2003 and January 2004 tax inspectors of the Moscow District of Minsk conducted an investigation on the Committee's financial history since its creation in 1995.
The inspectors concluded that the BHC had committed “tax evasion for an important amount” of funds received from the European Union's TACIS Technical Assistance Programme between 2000 and 2002. The Committee was requested to pay over 385,000,000 Belarus Rubles (approx. $180,000). The Tax Inspection of the Moscow District of Minsk based its decision on Decree No. 8, art. 12 concerning "Receipt and Use of Foreign Financial Assistance", and the "omission to register foreign financial assistance…". However, Decree No. 8 does not apply to international technical assistance, such as the TACIS Programme. In fact, according to the General Rules agreed upon by Belarus and the European Union in the "Memorandum on Financing" from 10 May 1994, assistance under this program is exempt from taxation.
The Belarusian Helsinki Committee appealed this decision to the Minsk Tax Inspection. On March 29, 2004, the Minsk Tax Inspection overruled the original decision and referred the case back to the Tax Inspection of the Moscow District of Minsk, which reduced the amount to be paid to 155,000,000 Belarus Rubles (approx. $80,000). The Helsinki Committee appealed this decision to the Economic Court of Minsk, which heard the case on June 1, 9, and 14.
On the basis of the same investigation, the Department of Financial Investigation of the Minsk Committee of State Control opened a criminal case against Ms. Tatsiana Protska, Chair of the Committee, and Tatsiana Rutkevitch, chief accountant, on March 17, 2004. These charges are based on article 243 § 2 of the Criminal Code concerning “tax evasion”. They both risked up to seven years imprisonment and confiscation of property.
Actions requested:
Please write to the Belarusian authorities and ask them to:
i. Ensure that the charges against Ms. Protska and Ms. Rutkevitch be dropped, since they are not valid;
ii. Conform to the provisions of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and its article 13 which provides that “[e]veryone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, (…)”;
iii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards.
Addresses:
The Office of the President of Belarus ; Fax (+375 17) 2260610
The Ministry of Foreign Affairs of Belarus ; Fax (+375 17) 2274521 ; mail@mfabelar.org.by
The Economic Court of the City of Minsk ; Fax (+375 17) 2224004 ; hozsud@ncpi.gov.by
Paris – Geneva, June 28, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH 33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29
New information
BLR 001 / 0604 / OBS 046.1
Court decision / Prosecutions
Belarus
June 28, 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information on the following situation in Belarus.
New information:
The Observatory has been informed that the decision of the Tax Inspection of the Moscow District of Minsk, requesting the Belarusian Helsinki Committee (BHC) to pay 155 000 000 Belarus Rubles (approx. $80 000) for « tax evasion », was cancelled by the Economic Court of Minsk on June 23, 2004. This decision is the result of a complaint lodged by the BHC against the Tax Inspection of the Moscow District of Minsk.
According to the information received, the Court stated that the BHC had fulfilled all the procedures and acted within the legal framework. The Court ruled as well that the BHC was to be refunded 190 000 roubles by the Tax Inspection of the Moscow District of Minsk.
The Observatory welcomes this decision and thanks all the persons, organisations and institutions that intervened in favour of the BHC.
However, the Observatory recalls that Ms. Tatsiana Protska, Chair of the Committee, and Ms. Tatsiana Rutkevitch, chief accountant of the BHC remain prosecuted on the basis of article 243 § 2 of the Criminal Code concerning “tax evasion”. The Observatory calls the Belarusian authorities to ensure that the charges against them are dropped since the grounds for them are not valid.
Background information:
Between August 2003 and January 2004 tax inspectors of the Moscow District of Minsk conducted an investigation on the Committee's financial history since its creation in 1995.
The inspectors concluded that the BHC had committed “tax evasion for an important amount” of funds received from the European Union's TACIS Technical Assistance Programme between 2000 and 2002. The Committee was requested to pay over 385,000,000 Belarus Rubles (approx. $180,000). The Tax Inspection of the Moscow District of Minsk based its decision on Decree No. 8, art. 12 concerning "Receipt and Use of Foreign Financial Assistance", and the "omission to register foreign financial assistance…". However, Decree No. 8 does not apply to international technical assistance, such as the TACIS Programme. In fact, according to the General Rules agreed upon by Belarus and the European Union in the "Memorandum on Financing" from 10 May 1994, assistance under this program is exempt from taxation.
The Belarusian Helsinki Committee appealed this decision to the Minsk Tax Inspection. On March 29, 2004, the Minsk Tax Inspection overruled the original decision and referred the case back to the Tax Inspection of the Moscow District of Minsk, which reduced the amount to be paid to 155,000,000 Belarus Rubles (approx. $80,000). The Helsinki Committee appealed this decision to the Economic Court of Minsk, which heard the case on June 1, 9, and 14.
On the basis of the same investigation, the Department of Financial Investigation of the Minsk Committee of State Control opened a criminal case against Ms. Tatsiana Protska, Chair of the Committee, and Tatsiana Rutkevitch, chief accountant, on March 17, 2004. These charges are based on article 243 § 2 of the Criminal Code concerning “tax evasion”. They both risked up to seven years imprisonment and confiscation of property.
Actions requested:
Please write to the Belarusian authorities and ask them to:
i. Ensure that the charges against Ms. Protska and Ms. Rutkevitch be dropped, since they are not valid;
ii. Conform to the provisions of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and its article 13 which provides that “[e]veryone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, (…)”;
iii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards.
Addresses:
The Office of the President of Belarus ; Fax (+375 17) 2260610
The Ministry of Foreign Affairs of Belarus ; Fax (+375 17) 2274521 ; mail@mfabelar.org.by
The Economic Court of the City of Minsk ; Fax (+375 17) 2224004 ; hozsud@ncpi.gov.by
Paris – Geneva, June 28, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH 33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29