Sentencing of the member of HR Centre "Viasna" Ms. Alena Masliukova and of environmental activist Mr. Anatoly Zmitrovich

URGENT APPEAL - THE OBSERVATORY

Newinformation

BLR 002 /0918 / OBS 119.1

Sentencing/

Judicial harassment

Belarus

October 12, 2018

The Observatory for the Protection of HumanRights Defenders, a partnership of FIDH and the World Organisation Against Torture(OMCT), has received new information and requests your urgent intervention inthe following situation in Belarus.

Newinformation:

The Observatory has been informed by reliablesources about the sentencing of Ms. AlenaMasliukova, member of Human Rights Centre “Viasna” in Svetlogorsk and Mr. AnatolyZmitrovich, an environmental activist.

According to the information received, onOctober 8 and 9, 2018, Mr. Anatoly Zmitrovich and Ms. Alena Masliukova wererespectively convicted by the Svetlogorsk District Court for the organisationof the “Svetlogorsk - For Clean Air” flash-mob that took place on September 15,2018, to protest against the damages caused by a bleached-pulp factory (seebackground information below). Both of them were sentenced to a fine of 612,5BYR (around 250 Euros), equivalent to two-thirds of the average monthly salaryin Belarus. They plan to appeal that decision.

The Observatory recalls that the Belarusianlegislation violates the right to peaceful assembly by prohibiting citizens tohold peaceful assemblies without authorisation. In Belarus, the authoritiesroutinely reject requests to hold peaceful assemblies related to most societalissues, either without providing adequate reason or by imposing excessiveburdens on the organisers, such as requesting organisers to ensure firstmedical aid during the event and to clean the venue after the protest.

The Observatory strongly condemns thesentencing of Ms. Alena Masliukova and Mr. Anatoly Zmitrovich which seems to beonly aimed at sanctioning their peaceful human rights activities and calls onthe authorities to quash this decision and drop all chargesagainst them.

Background information:

On September 24, 2018, Ms. Alena Masliukova andMr. Anatoly Zmitrovich appeared before the Svetlogorsk District Court oncharges of “taking part in an unauthorised mass event” (Part 1 of Article 23.34of the Code of Administrative Offences). They faced up to 15 days ofadministrative detention.

The charges relate to a flash-mob which took placeon September 15, 2018 on a public square in Svetlogorsk to protest against theenvironmental damage caused by a bleached-pulp factory. The flash-mob gatheredat least 150 people, many of them held green balloons and wore medical masks assymbols of clean air. During the event, police officials warned the protestersthat the event was unauthorized and subject to sanctions under Article 23.34 ofthe Code of Administrative Offenses.

On September 14, 2018, Ms. Alena Masliukova wassummoned by the District Prosecutor A. Evseenko who threatened her ofprosecution in case of violation of the legislation on mass events, allegingthat she was involved in the organization of a mass protest of the followingday. Ms. Alena Masliukova denied every involvement in the organisation of theevent.

OnSeptember 15, 2018, Mr. Anatoly Zmitrovich filed a request before the DistrictExecutive Committee of Svetlogorsk in order to organise a protest against thefactory. The request was denied, arguing that another event had already beenplanned for that same day. Therefore, a group of activists decided to hold aflash-mob instead.

Five days after the flash-mob, on September 20,2018, Ms. Alena Masliukova and Mr. Anatoly Zmitrovich were summoned to theSvetlogorsk District Police Department, where police officer Dmitri Shpakcharged them under Part 1 of Article 23.34. The two claimed that they had notparticipated in any unauthorised mass event. None of the other flash-mobparticipants are known to have been summoned. Ms. Alena Masliukova claims sheobserved the event in her capacity as human rights defender while Mr. AnatolyZmitrovich links his prosecution with the fact that it was him who submittedthe application for authorisation to organise the protest that was subsequentlydenied.

Actions requested:

Pleasewrite to the authorities of Belarus, urging them to:

i. Guarantee in all circumstances the physicaland psychological integrity of Ms. Alena Masliukova and Mr. AnatolyZmitrovitch, as well as of all human rights defenders in Belarus;

ii. Quash the decision sentencing Ms. AlenaMasliukova and Mr. Anatoly Zmitrovich, and put an end to any form ofharassment, including at the judicial level, against them and all human rightsdefenders in Belarus;

iii. Comply with all their international obligationsto respect the exercise of the citizens' right to freedom of association andassembly, as established in the International Covenant on Civil and PoliticalRights, in particular its Articles 21 and 22;

iv. Comply with the provisions of the UnitedNations Declaration on Human Rights Defenders adopted by the UN GeneralAssembly on December 9, 1998, in particular with its Articles 1, 2, 5 and 12.2;

v. Ensure in all circumstances respect forhuman rights and fundamental freedoms in accordance with international humanrights standards and international instruments ratified by Belarus.

Addresses:

• President Aliaksandr Lukashenko, Belarus, fax: + 375 172 26 06 10 or + 375 172 22 38 72, email: contact@president.gov.by ;
• General Prosecutor, Alexandr Konyuk, Belarus, fax: + 375 17 226 42 52, email: info@prokuratura.gov.by ;
• Minister of Justice of Belarus, Mr. Oleg Slizhevsky, Belarus, fax: + 375 17 200 86 87, email: kanc@minjust.by ;
• Chairman of the State Control Committee of Belarus, Mr. Leonid Anfimov, Belarus, fax: +375 17 289 14 84, email: kgk@mail.belpak.by ;
• Permanent Mission of Belarus to the United Nations in Geneva, Mr. Yury Ambrazevich, Switzerland, Fax: +41 22 748 24 51, email: mission.belarus@ties.itu.int ;
• H.E. Mr. Aleksandr Mikhnevich, Embassy of Belarus in Brussels, Fax: + 32 2.340.02.87, Email: belgium@mfa.gov.by ;
• Svetlogorsk district court, Belarus, fax: +375 (2342) 7-02-47, 4-02-39; e-mail: svetlgorsk@court.by .

Pleasealso write to the diplomatic representations of Belarus in your respectivecountries.

***

Paris-Geneva,October 12, 2018

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by FIDH and the World Organisation Against Torture (OMCT). Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. FIDH and OMCT are both members ofProtectDefenders.eu , the European Union Human Rights Defenders Mechanismimplemented by international civil society.

Tocontact the Observatory, call the emergency line:

E-mail: appeals@fidh-omct.org

Teland 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