Belarus. Criminal case was started against LGBT activist
Svyatoslav Sementsov
co-president of the Information Center TEMA - Svyatoslav Sementsov,
was summoned to the KGB Gomel regional department (1 Biletskogo st.,
246701 Gomel) and informed that criminal case was started by art.
193-1 Criminal Code of Belarus "Organizing group activities in the
name of non-registered organization".
"22 September I received the phone call from a KGB officer Surin (as
he sad) who said I should come on September 23 to the KGB Gomel
regional department in 13:00. And if I'll not come they will be bring
my using physical force. I don't have a lawyer, so I decided to go
himself. I said nothing to my famaly to don't make them worry"
Svyatoslav said.
"When I came, I was led into the room No. 2-7 at the second floor, there
were 3 people in civilian clothes. One of them asked me to sit down
and said that he is Surin. I was informed that criminal case on Art.
193-1 starts due to my participation in an unregistered NGO TEMA, and
I can get fine or a prison term of up to two years. Also, I was told
that they can start an other criminar case on art. 369-1 "Providing
false information to a foreign organization or government, defined as
information intended to misrepresent or discredit Belarus" because of
the fact that I have disseminated information on violations and hate
crimes based on sexual orientation and gender identity in Belarus and
this information are used by many international human rights
organizations in their reports."
"They offered me to work for KGB in exchange for closing the criminal
case. For this I'll have to tell them the password for my e-mail, a
list of members and gays among officials whom I know. I refused and
said that will not work for them. The officer said that I still regret
it later, but it will be too late. From the conversation I realized
that they know too much about our organization and probably we have a
rat at our board".
Article 193-1, which penalizes acting on behalf of unregistered
organizations, was added to the Criminal Code in December 2005 as part
of amendments that provided for harsh punishment "for activities
directed against people and public security." Conviction under it
carries penalties of a fine or a prison term of up to two years.
Belarusian human rights defenders and international human rights
organizations have condemned this article and repeatedly urged the
Belarusian government to abolish it. Since 2006, when the criminal
responsibility for activities of unregistered organisations was
enforced, 17 persons were convicted under Article 193-1. There were no
acquitting judgements in these cases.
Article 361-1 criminalises "calls for actions directed at damaging the
national security of Belarus, the overthrow of the State, territorial
integrity ...". The second paragraph of the same article criminalises
calls addressed to a foreign State or an international organisation to
act in a manner that harms the national security of Belarus. Both
offences are punishable by jail terms of up to three years - or five
years in case of dissemination through the media. Finally, Article
369-1 criminalises defamation of the Republic of Belarus towards
foreign States and foreign or international organisations, defined as
knowingly handing over false information concerning the Belarusian
State or its organs.
Restrictions on the right of free expression on the grounds of
national security are justified only when there is a direct, rather
than a conjectural link, between the expression and the likelihood of
harm occurring. The restriction of expressions based on a hypothetical
or remote risk of harm unnecessarily limits democratic debate about
what are often important and contentious political issues. Article
361-1 and (2) are extremely vaguely worded and set a very low
threshold for the imposition of limitations to the right to free
expression. The penalties are also grossly disproportionate.
Article 369-1 is equally problematic, as it criminalises defamation of
the Belarusian State. The prevailing view in advanced democracies is
that public bodies, including the State, do not have a reputation
entitled to legal protection, since they lack an emotional or
financial interest in preserving their good name. Moreover, the
penalty is disproportionate and likely to greatly undermine, by
creating a 'chilling effect', exchanges between Belarusian people and
foreign countries. In the words of the Belarusian Association of
Journalists, the amendments "will further plunge Belarusian society
into an atmosphere of fear."
I'LL KEEP YOU INFORM ABOUT THIS CASE AND PLEASE BE READY FOR
IMMEDIATELY ACTION IN CASE OF VIOLENCE OR ARREST
--
Svyatoslav Sementsov
co-president
TEMA - information center
-
m. +375297390882
svyatoslav...@gmail.com
skype: svyatoslav.sementsov
www.pride.by
-
p.o.box 118 | 246048 Gomel | BELARUS