Sentencing of Mr. Uladzimir Labkovich and Ms. Tatsiana Reviaka after they took part in a solidarity action to mark the second anniversary of the arbitrary arrest of Mr. Ales Bialiatski

Arrest /Sentencing /

Harassment

Belarus

August 6,2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Belarus.

Description of the situation:

TheObservatory has been informed by reliable sources about the sentencing of Mr. Uladzimir Labkovich and Ms. Tatsiana Reviaka, members of the Human Rights Centre (HRC) 'Viasna', afterthey took part in a solidarity action in Minsk on August 5, 2013 to mark thesecond anniversary of the arbitrary arrest of Mr. Ales Bialiatski, President of the HRC 'Viasna' and FIDHVice-President.

According to the information received, on August 6,2013, Mr. Uladzimir Labkovich and Ms. Tatsiana Reviaka were found guilty of “violationof the order of organizing and holding mass events” under Article 23.34 of theCode of Administrative Violations. Both were sentenced to a fine of 3,000,000Belarusian roubles (around 260 euros), and subsequently set free.

Mr. Labkovich and Ms. Reviaka had been arrested bythe police at 12.20 p.m. on August 5, 2013, as they were handing out postcardswith the portrait of Mr. Ales Bialiatski near the department store 'TsUM' inMinsk. Both were taken to the Savetski District Police Department and chargedunder Article 23.34 of the Code of Administrative Violations. Their mobilephones were switched off.

At 4 p.m on the same day. Mr. Uladzimir Labkovich and Ms. Tatsiana Reviaka weretaken to the Savetski District Court of Minsk and were tried by Judges DzmitryPauliuchenka and Maryna Fiodarava, respectively. Both judges found defects inthe "violation reports" submitted to them, and ruled that they wereto be returned to the police for correction. After the hearings, at about 5p.m., the two human rights defenders were released from the court room.

However, late in the evening, Mr. Labkovich and Ms.Reviaka both received a phone call ordering them to come back to the policestation the next day, i.e. on August 6, at 11 a.m., in order to sign newprotocols, before being summonsed to appear at a new hearing scheduled in courton August 6 at 3 p.m.

Previously, on August 4, 2013, Ms. Diana Burakova, a volunteer at the HRC 'Viasna', had also beenarrested just after another solidarity action that took place in Mogilev.Although she was released on the same day, it is still unclear whether or notshe will face charges.

The Observatory condemns thesentence issued against Mr. Uladzimir Labkovich and Ms. Tatsiana Reviaka, aswell as the arrest of Ms. Diana Burakova, and considers that the harassmentagainst them is merely aimed at sanctioning their right to freedom of assemblyand more generally their legitimate human rights activities. These events arefurther evidence of the harassment already faced by the HRC 'Viasna' and otherhuman rights organisations in Belarus.

Actions requested:

Pleasewrite to the Belarusian authorities, urging them to:

i. Put anend to any kind of harassment - including at judicial level - against Mr.Uladzimir Labkovich, Ms. Tatsiana Reviaka, Ms. Diana Burakova, Mr.Ales Bialiatski and allmembers of 'Viasna', as well as against all other human rights defenders inBelarus;

ii. ReleaseMr. Ales Bialiatskiimmediately and unconditionally since his detention is arbitrary as it seems toonly aim at sanctioning his human rights activities;

iii.Conform with the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998,especially:

- itsArticle 1, which states that “everyone has the right, individually and in associationwith others, to promote and to strive for the protection and realization ofhuman rights and fundamental freedoms at the national and internationallevels”,

- itsArticle 6 (b) and (c), which states that “Everyone has the right, individuallyand in association with others […] as provided for in human rights and otherapplicable international instruments, freely to publish, impart or disseminateto others views, information and knowledge on all human rights and fundamentalfreedoms and [...] to study, discuss, form and hold opinions on the observance,both in law and in practice, of all human rights and fundamental freedoms and,through these and other appropriate means, to draw public attention to thosematters”.

- and itsArticle 12.2, which provides that “the State shall take all necessary measuresto ensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration” ;

iv.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments ratified by the Belarusian Republic.

Addresses:

• President Alexander Lukashenko, ul .Karla Marksa, 38, 220016 Minsk, Belarus, Fax :
• 375 172 26 06 10 or + 375 172 22 38 72, Email: contact@president.gov.by
• General Prosecutor, Mr. Alexander Vladimirovich Koniuk, Internatsionalnaya str. 22, 220050 Minsk, Belarus, Fax: + 375 17 226 42 52
• Minister of Justice of Belarus, Mr. Oleg Slizhevsky, ul. Kollektornaya, 10, 220004 Minsk, Belarus, Email kanc@minjust.by,
• H.E. Mr. Mikhail Khvostov, Ambassador, Permanent Mission of Belarus to the United Nations in Geneva, 15 avenue de la paix, 1211 Geneva 20, Switzerland, Fax: +41 22 748 24 51. Email: mission.belarus@ties.itu.int
• H.E. Mr. Andrei Yeudachenka, Embassy of Belarus in Brussels, 192 avenue Molière, 1050 Ixelles, Belgium, Fax: + 32 2.340.02.87, Email: belgium@mfa.gov.by

Pleasealso write to the diplomatic mission or embassy of Belarus in your respectivecountry.

***

Geneva-Paris, August 6, 2013

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

Tocontact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
• Teland fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29