Download HRHF’s full statement on the right

The Human Rights House Foundation (HRHF) welcomed the report of the Working Group on Arbitrary Detention, including the opinion adopted in August 2012 on the case of Ales Bialiatski.

As specified by the Working Group in its report, the notion “arbitrary detention” lato sensu can arise from the law itself or from the particular conduct of Government officials. A detention, even if it is authorized by law, may still be considered arbitrary if it is premised upon an arbitrary piece of legislation or is inherently unjust, relying for instance on discriminatory grounds.

In August 2011, Ales Bialiatski was arrested and charged with “concealment of profits on an especially large scale” under Article 243, part 2, of the Criminal Code of the Republic of Belarus. On November 24, after almost four months of pre-trial detention, the Minsk Pershamayski District Court sentenced him to four and a half years of imprisonment under strict regime conditions, confiscation of property – including the premises used for his organisation, the Human Rights Centre “Viasna” – and to a fine of 757’526’717 Belarusian Roubles (approximately 70’000 Euros). On 24 January 2012, the Minsk City Court confirmed the sentence on appeal, after all the motions filed by Ales Bialiatski’s lawyers were rejected. On 29 March 2012, the same court issued a new decision, ordering him to pay an extra amount of 140’366’151 Belarusian Roubles (nearly 12’700 Euros) in penalty in addition to the previous fine, which had already been paid in January 2012, due to alleged late payment of arrears.

According to the information received from our partners, Ales Bialiatski’s rights to receive visitors and food parcels have been severely restricted. The consequence of these and other measures taken against him during his imprisonment is a serious deterioration in Ales Bialiatski’s health. The authorities of Belarus have the responsibility, in accordance with international law, including articles 6 and 10 of the International Covenant on Civil and Political Rights, to ensure that nobody in custody is subject to deterioration of his or her health. We hold the authorities of Belarus responsible for the deterioration of the health situation of Ales Bialiatski whilst he is in detention.

Contrary to what is stated by the Permanent mission of Belarus in its note verbale of 3 December 2012 the offenses committed by Ales Bialiatski are a direct consequence of the denial of registration of “Viasna”, in direct violation of views expressed by the United Nations Human Rights Committee. “The Working Group also emphasize[d] that criminal liability cannot be based on prior government action to deregister and dissolve the non-governmental organization Viasna, in violation of article 20, paragraph 1, of the Universal Declaration of Human Rights (UDHR) and Article 22 of the International Covenant on Civil and Political Rights (ICCPR).

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