Communities of lawyers from several countries neighbouring Belarus show solidarity with their Belarusian colleagues who are under pressure from the state.

Lawyers associations of Poland and Moldova contacted the Belarusian authorities in a series of open letters. Previously attorneys from Ukraine expressed solidarity with their Belarusian colleagues.

The Council of Bars and Law Societies of Europe, the organization that unites 31 countries and has about one million members, spoke in support of the Belarusian defence lawyers.

Second lawyer declined
The Belarusian authorities have ignored not only the international public opinion and country’s laws but also elementary ethics. Lawyers, who perform professional duties protecting the accused, are facing shameless threats of losing their bar license.

Counsellor Tamara Harayeva, who had willingly signed the agreement and pledged to protect “dishonest” journalist I. Khalip, declined in any way to explain what caused her to abandon previous obligations terminating the contract.

“By law if the contract is signed, the lawyer has no right to refuse services. But nevertheless it has happened, “- Uladzimir Khalip, the father of a journalist turned a political prisoner, said.

The reasons could be the same as for the former Khalip’s lawyer, Uladzimir Toustsik, whom the authorities had threatened with ‘losing’ his license. Thus, the wife of Andrei Sannikau after being release from the KGB prison and placed under the house arrest  is left without a lawyer at the moment.

“Can you imagine how they [lawyers] are pressured? The regime wants us to have a public defender, a Lukashenka’s lawyer, ” Uladzimir Khalip said.

Insult to the legal profession
Foreign lawyers, indifferent to the lawlessness of the Belarusian regime, had no choice but to remind the Belarusian leadership truisms of jurisprudence.

The Ukrainian Bar Association Board in its statement pointed out to the Belarusian authorities that interference in the activities of lawyers “is an offence to the freedom of speech and that it undermines lawyers’ impartiality guarantees” and “it may have violations of defendants’ rights to protection as real and tangible consequences.”

Chairman of the Commission on Human Rights in the Polish Bar Association noted in his circulation to the Belarusian authorities that “the very essence of the legal profession is independence from the government and freedom from any kind of interference in professional activities of legal defenders. The implementation of these principles ensures the opportunity for lawyers [to protect] everyone and especially those, who are in conflict with the authorities. The duty of protecting is to object to every act, which could potentially hurt defendants. A legal defender may and should disseminate information about violations of principles of due process and human rights in the interests of his or her clients and the society s a whole.”  In his address the representative of the Polish Bar Association warned that otherwise “the right to protection for certain categories of citizens would only be an image without any real substance to it.”

“The actions of the Ministry of Justice of the Republic of Belarus violate the principles of the independence of the legal profession as well as the right to protection and a fair trial. In these circumstances the Polish defence lawyers can not remain indifferent,” the author of the letter concluded

“The actions of the executive authorities of Belarus are unacceptable as they constitute a gross violation of international laws, which endorse the principle of absolute independence of  bar institutions and associations,” the Union of Lawyers of Moldova wrote in a letter to the Minister of Justice Viktar Halavanau. “We believe that the attempt to subordinate the activities of lawyers to political interests by some government officials casts doubt on their understanding of the legal institutions role in the modern world. A free society can not exist without competent and independent lawyers. <...> European states must provide lawyers the opportunity to perform their professional duties without harassments, coercion or undue interference.”

“Mr. Halavanau, read UN documents”
Events in Belarus outraged not only Bar associations of individual countries, but also a pan-European alliance of lawyers.

Georges-Albert Dal, President of the Council of Bars and Law Societies, sent an appeal to the Belarusian Minister of Justice Viktar Halavanau, right, in which the minister was offered to get acquainted with the United Nations document called Basic Principles on the Role of Lawyers.

Mr Dal reminded that according to Article 16 of the Principles “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; <...> and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”

The letter also cited Article 23: “Lawyers like other citizens entitled to freedom of expression <...> without suffering professional restrictions by reason of their lawful action.”

Given that the Ministry used “ethics violations” as a pretext to pressure lawyers and declared plans to initiate changes in current rules of ethics, President of a respected international lawyer organization reminded the Belarusian minister about the right to self-government in legal defenders’ communities.

The letter raised a number of other problems faced by Belarusian lawyers. In conclusion, Minister Halavanau was called upon “to guarantee full respect for the international standards envisaged in the United Nations Basic Principles on the Role of Lawyers (1990), in particular regarding adequate access to lawyers and legal services, freedom of expression of lawyers, independence of professional associations of lawyers and impartiality of disciplinary proceedings.”

For 43 accused
The 19 December mass riots case continues to grow with a geometric progression. The list of defendants has already 43 names, including seven ex-presidential candidates. Three former contenders Andrei Sannikau, Ales Mikhalevich and Mikalai Statkevich are still under arrest in the KGB jail.

According to HR Centre Viasna, four more participants of the 19 December protest rally were officially charged under Art. 293 of the Criminal Code (“participation in mass riots”).

Zmitser Drozd, activist of Andrei Sannikau’s campaign team, had served a 10-day arrest for participation in the 19 December rally. On 1 February he was detained for 3 days as a suspect in the mass riot criminal case; he is currently in custody in the Minsk pre-trial prison on Valadarski street.

Siarhei Kazakou, activist of the European Belarus movement, was detained as a suspect in the mass riot criminal case on 27 January, currently in custody in the Minsk pre-trial prison on Valadarski street.

Uladzimir Yaromenak, activist of the Young Front movement, had served a 15-day arrest for participation in the 20 December solidarity picket and 7 more days after an interrogation by the KGB as a suspect in the mass riot criminal case. On 28 January he was detained as an accused in the case. Currently in custody in the KGB pre-trial prison.

Ales Kirkevich, Hrodna activist of the Young Front movement, served a 10-day arrest for participation in the 24 December solidarity picket. On 28 January he was detained as a suspect in the mass riot criminal case, currently in custody in the KGB pre-trial prison.

Meanwhile, in his recent press conference the Attorney General Ryhor Vasilevich informed prosecutors would start transferring the mass riots case to courts in the first half of February.

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