ASSAULT
AND HARASSMENT BY PLAINCLOTHES STATE AGENTS
This is undoubtedly
an outstanding date, even though the history of both the state security
bodies and our Motherland has a lot of bright and sad periods. I do not
want to mention difficult moments on this holiday; one would like to erase
them from memory, but we should remember them in order to not repeat terrible
mistakes.
Belarusian KGB (State
Security Committee) Chief Uladzimir Matskevich, on the occasion of the
eightieth anniversary of the founding of the KGB.94
Under Lukashenka's presidency,
a number of journalists, members of non-governmental organizations and
those connected with the opposition have been beaten, kidnaped, or threatened
in circumstances that strongly suggest the responsibility of state security
forces. These assaults were usually carried out by men in plainclothes
who did not identify themselves. Human Rights Watch is not aware of a single
instance in which these assaults has resulted in a prosecution. This failure
by Belarus law-enforcement agencies to bring perpetrators of such crimes
to justice reinforces the perception that they are carried out by state
agents operating in plainclothes with complete impunity.
In addition to these attacks,
an April 16, 1998 statement by KGB chief Uladzimir Matskevich announced
the institution of a system of official warnings to citizens engaged in
"unlawful actions." According to the report, the directive states that
a citizen may be summoned for questioning to the KGB's offices on the basis
of information of "criminal activity." A file will then be kept on the
individual "if he continues to engage in illegal activities." Maskevitch's
announcement is problematic because Belarus law enforcement essentially
criminalizes many expressions of free speech and assembly.
Yury Khashchevatsky
Yury Khashchevatsky is an
internationally renowned documentary film director based in Minsk and is
also a board member of Charter 97, a pro-democracy movement. On the night
of December 23, 1997 two unidentified men broke into Khashchevatsky's film
studio and beat him unconscious, breaking his nose, his foot in three places,
and causing him a concussion and multiple bruises and abrasions. No valuables
or equipment were stolen or damaged, strongly indicating the intimidatory
nature of the assault.95
In November 1996, Khashchevatsky
completed a documentary film, An Ordinary President, which is an
openly critical, satirical portrait President Lukashenka. The film drew
international acclaim and, in 1997, was awarded a prize from the Berlin
Film Festival and the prestigious Russian Sakharov Prize. In Belarus, the
film's reception was markedly different. On the night of January 22, 1997,
a local cable television station in the town of Karelichi, in Grodno region,
broadcast the film. The local police and the State Security Committee (KGB)
arrived at the station just as the film was ending, broke down the door,
confiscated the film and detained nineteen-year-old Maksim Svyrid, the
video operator at the station who had broadcast the film. Svyrid was held
until 1:00 a.m. and ordered to report to the KGB the next day, whereupon
after questioning, he was released.96 On November
19, 1997, Belarusian Video Center Director Sergei Lukyanchikov fired resident
engineer, Viktor Chernomorets, and fined the center's chief engineer, Vladimir
Tomashevsky, for reportedly having made a copy of the film.97
As a result of this intimidation, An Ordinary President is effectively
banned from public viewing in Belarus.
On December 21, just two
days before the assault on Khashchevatsky, An Ordinary President
was shown on the French/German channel ARTE. Although this channel is not
received in Belarus, Human Rights Watch believes that there is a direct
correlation between the timing of the assault and the broadcasting of the
film. In addition, Khashchevatsky's political affiliations may well have
contributed to the attackers' motives, which appear overwhelmingly to have
been to intimidate Khashchevatsky and deter him from future political activity
or film-making. Shortly after the assault, Khashchevatsky reported the
incident to the police. As of this writing there have been no further developments
in the investigation.
The arrest of Belarusian
businessman Aleksandr Pupeyko may well have been connected, at least in
part, to the government's aim to punish or intimidate those who supported
Khashchevatsky's work. On December 12, 1997, Pupeyko was arrested by Polish
authorities in Warsaw following a request by the Belarusian government
to Interpol. The official reason for the request was allegations of fraud
under Article 90 (4) of the Belarusian criminal code - "Fraud committed
by an organized group, or by an especially dangerous recidivist or causing
particularly large damage." Human Rights Watch takes no position on the
allegations of fraud against Pupeyko, however, we note that Pupeyko was
a major funder of An Ordinary President.98
Human Rights Watch therefore suspects that the Belarusian government's
order to Interpol to arrest Pupeyko was motivated by political reprisal.
On March 28, 1998, Polish authorities granted Pupeyko political asylum,
and on June 1 formally refused the Belarusian government's extradition
request citing insufficient evidence and Pupeko's status as an asylum-seeker
as the reason.
Oleg Bebenin
Oleg Bebenin is currently
the editor of the Charter 97 press center bulletin. In October 1997, he
was working as the news department editor at the weekly independent newspaper,
Imya. On October 31, government security service agents abducted
and threatened Bebenin. He gave Human Rights Watch the following account:
On October 31, 1997, at around
1:00 p.m., I was standing on Skorina Avenue near the GUM department store
[and] was trying to flag down a car.99 Suddenly,
from the far lane, a claret-colored 1987 Volkswagen, with the state license
plate 1128 MI, sharply pulled to a halt beside me, two men [got out], without
a word or introduction, forcibly sat me in the car.100
Bebenin described his abductors
as being quite young, with the elder man being approximately thirty years
of age. Here he describes how the men identified themselves:
When I asked them..."where
are we going?" they cursorily showed me some ID, on which was written "Security
Service" [and]...answered, "You'll soon find out." After that, all conversation
finished, they no longer answered my questions and I accordingly fell silent.
To be honest, I first thought that they were criminals, because I had come
across information about the criminal world. I came to the conclusion that
these people had already decided what they were going to do, and I decided
to wait until the end.
They took me on the fifteen-kilometer
road to Zaslavl' (which is near Zaslavl' itself), which is where we stopped.
They took me about fifty meters into the woods. There, the man who sat
in the front andwas the elder [spoke] for half an hour...the sense of which
was that I had chosen myself the wrong profession. They threatened not
just me with physical violence, they passed on their distinct greetings
to my colleagues. They said things like... "there is only so much you can
fight against the authorities," that "the authorities have their strike
force, which will soon start to be employed." The elder man said this,
the second stood behind me and occasionally added retorts, which were directed
directly at me and which were of a threatening character, he said "we can
leave you here, buried underground."101
Bebenin told Human Rights
Watch that after half an hour, the men searched him and confiscated his
money and telephone card, he believes, in order to delay his return to
the city and alert anyone. Bebenin filed a report the following day at
the Leninsky District Police Station, whereupon a criminal investigation
was launched into his kidnaping. At the time of writing, the investigation
has yet to result in a prosecution.
Nadezhda Zhukova
On October 13,1997, Nadezhda
Zhukova, a twenty-one-year-old-woman who was working at the time as a trial
and demonstration observer for the Belarusian Helsinki Committee (BHC),
left the Leninsky District Court, in Minsk. She had tried to obtain information
on the trial of two demonstrators, Pavel Syverinets and Yevgeny Skochka,
who were arrested following an October 12 demonstration in Minsk. Zhukova
told Human Rights Watch what happened:
I had my ID on, and everybody
could see it. A tall man wearing a leather jacket...walked up to me. He
told me that if I was interested in studying arrests, I should step outside
the court and that they had cars waiting outside.
I left and there, about ten
or twenty meters away, were two cars. The first one had licence plates,
which seemed to me to be like the plates on police cars (white numbers
on a red background), but... the car could also have been from the prosecutor's
office, the presidential security service, the KGB, or the court.
As I walked by the first
car, two men quickly jumped out and grabbed me. One punched me in the stomach,
held my mouth shut and dragged me to the courtyard of the building next
door, where they stood me up against the wall...one of them was holding
me and the second had a knife that he was playing with in front of me....They
said that my face had been seen on all of the video tapes of demonstrations,
and they threatened that I would have to be careful if I wanted to keep
living a normal life. It was clear that it wasn't connected with some criminal
group, since the conversation was entirely about the demonstrations. [They]
said that I should be concerned for my life.102
As the men turned to leave,
Zhukova asked them who they were, to which, she told Human Rights Watch,
they replied "Young Belarusian patriots." Although clearly acting as agents
of the state, they may be members of the Belarusian Patriotic Union of
Youth (BPSM in Russian), a quasi-governmental, pro-presidential youth organization,
which declared in an October 1996 pamphlet and mission statement that it
would "suppress opponents ruthlessly."
Zhukova filed a complaint
with the Leninsky district prosecutor, and on October 17 met with him.
He was dismissive of her story, in particular that her assailants were
affiliated in some way with the government. Zhukova told Human Rights Watch:
I was able to speak with the
deputy prosecutor for the Leninsky district, who told me that the [licence]
plates weren't governmental plates and that the men weren't wearing uniforms.
He said that I "hadno basis for my accusations" and that the prosecutor's
office investigates only the activities of governmental agencies, so he
said that I should just take my statement to the police.103
Zhukova decided at that
point to drop the matter; however, on October 21, 1997, her mother received
a threatening phone call, which made her change her mind:
[T]he phone rang in the morning.
My mother answered the phone and they told her to "get Nadezhda," then
[on learning that I wasn't home] they said that "your daughter's going
to run into trouble."104
Zhukova filed a report of
her assault with her local police station, however, as of this writing,
the case has been closed and reopened several times and has yet to bring
forth a prosecution. Two facts support the notion that Zhukova's assailants
were acting on behalf of a state security agency: first, during Zhukova's
assault, her assailants made reference to seeing her on police videos of
opposition demonstrations and second; the police demonstrated a patent
lack of commitment to investigating her assault.
Ina Pimenava
On October 13, 1997, Ina
Pimenava, a nineteen-year-old student and the wife of Alexei Shidlovsky,
delivered a letter addressed to Zenon Pazniak, the leader of the BPF, in
which she accused Vyacheslav Sivchik, the secretary of the BPF, of raping
her. However, on October 21, the now banned newspaper, Svaboda,
published a letter from Pimenava in which she asserted that the KGB had
coerced her into making the allegation in order to discredit Sivchik. Pimenava
told Human Rights Watch that the KGB visited her on several occasions,
at home and at her university, and threatened her, saying that if she did
not make this allegation her husband would never be freed from prison,
she would never see him again alive, and that she may herself be imprisoned.
Pimenava wrote in her retraction of the rape allegation that she hoped
that by publicly exposing KGB coercion she could avoid worse harassment
in the future.105
94 Vo
Slavu Rodiny (To the Glory of the Motherland) newspaper, Minsk, cited
in WNC, December 20, 1997.
95 Human
Rights Watch telephone interview with Yury Khashchevatsky, January 19,
1998.
96 Svaboda,
Minsk, January 23, 1997.
97 Human
Rights Watch telephone interview with a film maker, January 20, 1998. Name
withheld to protect the identity of the interviewee.
98 Pupeyko
also contributed to the now-closed independent newspaper, Svaboda
(reopened as Naviny), and donated money to BPF deputy chair Yury
Khodyko.
99 In
Belarus, as in most of the former Soviet Union, it is standard practice
to hail private cars on the street and negotiate a fee with the driver
to take you to your destination, in the same manner in which one would
hail a taxi.
100 Human
Rights Watch interview with Oleg Bebenin, Minsk, April 6, 1998.
101 Ibid.
102 Human
Rights Watch interview with Nadezhda Zhukova, Minsk, April 6, 1998.
103 Ibid.
104 Ibid.
105 Human
Rights Watch and Memorial interview with Ina Pimenava, Minsk, December
6, 1997.
This Web page was created using a Trial Version of HTML
Transit 3.0.