2010 27/12
Аляксей Лапіцкі, Жодзіна

Aliaksiey Lapicki, Zhodzina

On 28.12.2010 in Zhodzina human right defenders from HRC “Viasna” Aliaksiey and Sviatlana Lapitskies had to appeal to the head of Minsk Regional Executive Committee Department of Internal Affairs major-general Ivan Sauchyts.

In spite of the direct encounter with the Deputy Chief of Zhodzina TDIA Daroshka and special written appeals to the head A.Chynkin, problems with the people arrested during the peaceful assembly of protest in Minsk on 19.12.2010 and their confinement in the detention centre of Zhodzina executive committee at Prison #8 haven’t been solved yet.

Lists of the arrested are not available for familiarization, written communication of the imprisoned with their relatives and friends is not allowed, questions of convenient schedule for parcels from people who have to come from Minsk and other towns after work and wait in lines in freezing temperatures haven’t been solved yet. Moreover, it is not allowed that the imprisoned familiarize themselves with internal regulations of Zhodzina detention centre of Prison #8, local militia still acts very tough and violates basic right of Zhodzina citizens for uncrossed appeal to state law enforcement organs.

In fact, we observe a replacement of functions of local state law protection which is guaranteed by legislation for all the citizens by the function of Zhodzina TDIA in the regime of a completely closed penal establishment. Militia turns from protective establishment into a punitive one which acts not in the frame of Constitutional top-priority legislation, but on an order. Citizens, who generally are legal subjects and subjects of state law protection, are now divided by national-language and political identification and are purposefully deprived of inherent Constitutional rights and freedoms which is in fact forbidden by the Constitution as a Supreme law of the country and international agreements (International Covenant on Civil and Political Rights), signed by Republic of Belarus for their obligatory and absolute accomplishment by all subjects of law on its national territory.

In Such conditions, when human rights are obviously violated by the law enforcement establishments themselves and the procuracy keeps silence after all official signals from human right activists, it’s hard to imagine such a lawless state of a total absence of administrative authority which is observed by people who are having custody.

None of them is allowed to get a letter of support. Imprisonment of the obvious opponents of the ruling power is purposefully turned into torment for them and people in their lives to get disappointed in the choice they have made, to resign themselves, to change their own ideas and to loose confidence in public support.

So, we observe a total obvious political involvement of law enforcement organs which don’t have any right to be politicized and serve one certain ideology just because the monopoly of ideology is forbidden by the Supreme Law of the country. In these conditions they more and more reveal themselves as an instrument of political repression and discrimination pressure upon representatives of national democratic oriented part of the society by national, language and political identification.

ATTACHEMENT:

Appeal sent on 27.12.2010 by fax to the

Head of the Department of Internal Affairs of Miensk Regional Executive committee,

Sauchyts I.A.,

From citizens of Republic of Belarus,

Human right activists Aliaksiey Lapitsky and Sviatlana Lapitskaya,

Zhodzina, 222160

APPEAL

We appeal to you about the facts of absence of any actions about our previous appeals to Zhodzina TDIA which demand immediate reaction. No additional researches are required on the problems described, but immediate decisions must be arrived at.

I. A great amount of the convicted who took part in the peaceful assembly against presidential elections fraud on 19.12.2010 were directed to Zhodzina detention centre at Prison #8 of the local TDIA.

But no lists of the convicted and no information about their location is available to public, even after special requests of human right defenders. Officials of Zhodzina TDIA bundle away relatives of the convicted who want to get release information back to Minsk courts which complicates their state much because they mostly don’t know in which of the courts these cases were carried.

Moreover, custody is made more complicated because it’s forbidden to receive written support and communication with relatives. Thus, it’s very surprising that people in jail are refused getting acquainted with internal regulations of detention centre and law literature.

People have to freeze outdoor waiting in spite of a long term of detention (from 10 to 15 days) and also a Pre-New Year period of Catholic Christmas December 24-25, 2010 which is celebrated by a majority of the convicted (Catholics, Uniates or Protestants), lawlessly cruel punishment the convicted got for realization of their right for peaceful assemblies and expressing their opinions through these assemblies (art. 21 and 19 of ICCPR; art. art. 23, 31, 33, 34, 35, 63 of Constitution of Republic of Belarus) and also in conditions of the state monopoly of state mass media the only possible protest against existing administrative-team election model and election fraud. Citizens deforced of their rights, their parents and friends and human right activists faced humiliating and discriminative conditions and have to suffer additional moral and physical sufferings (art. art. 10, 25, 26 of ICCPR; art. art 24, 25 of Constitution of Republic of Belarus) connected with:

  • total prohibition of any food parcels,
  • denial of any information about the lists of the convicted,
  • denial of exact information about location, term of the custody and the time of release.

Workers of TDIA organized lines fro sending parcels outdoor and innocent people:

  • elderly men, women and children have to freeze in the street.

It ought to be noted that one can’t send a parcel on Saturdays and Sundays to Zhodzina TDIA for people convicted for participation in the peaceful assembly in Minsk. The schedule for parcels at working days is made not counting the fact that many of the parcels would be brought from Miensk and other towns’ citizens who can’t come to Zhodzina in working time. Previously parcel time in the schedule was from 2 p.m. till 5 p.m. and now it’s from 9 a.m. till 1 p.m. and from 2 p.m. till 4 p.m. Instead of them, elderly people and children have to freeze outside. But when working people from Miensk bring parcels, as for example today, on 27.12.2010 in 4 p.m. the admission stops and parcels from Zhodzina and Miensk citizens are not accepted.

Everything mentioned above plus our applications and demands can be assumed as means of additional purposeful pressure upon the convicted, their relatives, friends and associates not foreseen by the law of imprisonment.

Also, the absence of a proper reaction of Zhodzina TDIA authorities which we observe in these conditions shows the certain interest in such-like negative circumstances in which moral and physical harm is made to a certain group of citizens in a judicious and orderly manner. And people have to suffer.

We consider this to be a conscious and purposeful abuse or torment towards citizens of the country on the grounds of nationality, language, political and religious views and certain beliefs and expressed attitude to the existing authoritarian ruling system and uncontrollable manipulative practice of election campaigns each year held by the same people from the same headquarters of the existing “power vertical”. That is how they absolutely without punishment again and again impede a legal elective rotation of power at its every stage provided by Election Code and Constitution of Republic of Belarus.

In spite of the promise of a quick reaction to our appeal of 23.12.2010 (during the meeting with vice deputy of TDIA Daroshka on 23.12.2010) the authorities of TDIA haven’t taken any measures yet to improve the situation with a lawless violation of rights of the convicted and their relatives.

On the contrary, militia officers Mytska and Drazdousky created obstacles in A.Lapitsky’s handover of the appeal about the fact of lawless actions of militia officer Pimienau. And the situation with correspondent rights of the convicted seems to be even more difficult: those people are from the beginning restricted even of their right to familiarize themselves with inner regulations of detention centre of Zhodzina executive committee…

II. Besides we shall draw tour attention to the fact that referring to a more restrictive custody in Zhodzina TDIA the authorities of this institution deprives us – Belarusian citizens, human right activists, Zhodzina inhabitants of the right for a free appeal to state law enforcement organs!

We consider actions of the authorities of TDIA and its concrete officials lawlessly deprives us, citizens of Belarus the following chances:

  • to get a truthful information necessary for communication with authorities of TDIA
  • to meet the head of Zhodzina TDIA A.Chynkin on 22.12.2010 (see application from 24.12.2010 about actions of militia officer Pimienau on 22.12.2010),
  • to enter freely the building of town’s militia department on 24.12.2010 for conducting a normal procedure of filing the application mentioned and its registration (after a conversation by a walkie-talkie militia officer Mytska tried to do that in the street, 200 meters from the building of Zhodzina TDIA),

And later without a permanent escort of the executive officer, major Drazdousky,

  • to enter freely a building of Zhodzina executive committee TDIA for registration of the application and leave the building without public humiliation by the same militia officer.

Suchlike actions of law enforcement officials of Zhodzina are obviously resulted by sickly climate and unacceptable by the Law of Republic of Belarus “About militia” political involvement of militia leadership, negative treatment of state Belarusian language and people speaking it who have different views and can freely express them. These actions violate our main civil rights and freedoms and contradict national law and Constitution of Republic of Belarus.

Therefore we can state violation of inherent right and freedoms provided by Constitution of Republic of Belarus and International Covenant on Civil and Political Rights.

Taking into account holiday Pre-Christmas and Pre-New Year period of 2011, unexpectedly harsh character of administrative punishment and moral and physical sufferings as a result of court punishment including special conditions of imprisoning and Zhodzina militia officers’ behavior mentioned above,

ASK YOU without violation of art. 10 and taking into account art.art. 19, 21, 25 and 26 of the International Covenant on Civil and Political Rights (ICCPR) signed by Belarus for an obliging fulfillment of obligations by all law subjects on their own national territory and also taking into account certain articles of Constitution of Republic of Belarus, to assume effective measures for:

1. to improve the situation urgently and to punish the guilty;

2. to provide parents and friends of the convicted and publicity precise data – lists of all imprisoned people, their location, time and type of punishment, planning time of release;

3. to organize acceptance of parcels the way that people coming to Zhodzina could not suffer feeling cold outside standing in queues – to provide a warm place for accepting parcels in the premises of TDIA or a proper place elsewhere that people could stay there;

and also taking into account the fact that people arrested at the peaceful public-political assembly are not dangerous for the society:

4. to let receive letters from relatives and beloved of the imprisoned including holiday greetings and postcards;

5. to let the imprisoned familiarize themselves with internal regulations of detention centre of Zhodzina TDIA;

6. taking into account forthcoming holidays to allow food and presents parcel for the imprisoned.

We also ask to show respect to language peculiarity of independent Belarus and to answer in Belarusian state language, the language of the appeal filed.

27.12.2010

Aliaksiey Lapitsky,

Sviatlana Lapitskaya

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