BELARUS

CASE N° BLS/01 - Andrei Klimov
CASE N° BLS/02 - Vladimir Koudinov
CASE N° BLS/05 - Victor Gonchar
CASE N° BLS/10 - Valery Shchukin

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 167th session (Jakarta, 21 October 2000)

The Inter-Parliamentary Council,

Referring to the outline of the case of Mr. Victor Gonchar, Mr. Andrei Klimov, Mr. Vladimir Koudinov and Mr. Valery Shchukin, all members of the Thirteenth Supreme Soviet of Belarus elected in 1995 and dissolved in 1996, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/167/12(c)­R.1), and to the relevant resolution adopted at its 166th session (May 2000),

Taking account of the information provided by a member of the Belarus delegation to the 104th Conference of the Inter-Parliamentary Union (October 2000),

Also taking account of the preliminary report on the visit to Belarus in June 2000 of the United Nations Special Rapporteur on the Independence of Judges and Lawyers,

Recalling the following information on file: Mr. Gonchar disappeared on 16 September 1999 and his whereabouts remain unknown; on 17 March 2000, Lenin District Court acquitted Mr. Klimov on two counts (commercial activity without licence and fraudulent obtaining of a loan) but found him guilty of overestimating construction works and sentenced him to six years' imprisonment in a hard-labour colony with confiscation of his property; the diagnosis reportedly established by the prison hospital in December 1999 shows, according to the sources, that Mr. Klimov's health has considerably worsened in detention; Mr. Koudinov is serving the seven-year prison term imposed on him after he was found guilty of bribery; Mr. Shchukin has on many occasions been subjected to arrest, short-term detention and heavy fines,

Considering that, according to information provided by the authorities in June 2000, about 13,000 prisoners, including Mr. Klimov and Mr. Koudinov, could already be covered in July and August 2000 by the law “On Amnesty of some categories of persons who have committed crimes”; Mr. Klimov could be released from imprisonment and Mr. Koudinov's prison term could be reduced by one year; moreover, under the new Penal Code expected to enter into force on 1 January 2001, Mr. Koudinov could be definitively released,

Considering the following information provided at the hearing held in Jakarta:

1. The investigation into Mr. Gonchar's disappearance is still under way but has remained fruitless; there are rumours that Mr. Gonchar may in fact be abroad and preparing for the presidential election of 2001; public statements to this effect were made by Ms. Vinnikova, former president of the National Bank, who also disappeared but is reportedly living in London;
2. Mr. Koudinov's sentence has been reduced by one year under the amnesty law; however, the amnesty has had no effect on Mr. Klimov as an appeal against the judgment handed down on him is still pending;
3. The new Penal Code was adopted by Parliament but still needs to be ratified by the President; it is hoped that the Code will enter into force in January 2001; the new Code, which provides for lesser sentences for the crimes of which Mr. Koudinov and Mr. Klimov were convicted, may lead to Mr. Koudinov's release; however, he may only benefit thereunder if not found guilty of breaking prison rules, for example by failing to report for dinner, as he is wont to at present,

Recalling that, on the occasion of a hearing held at its 88th session (January 2000), the Committee was informed that the Prosecutor General, the Supreme Court and the Vice-Minister of the Interior were in favour of releasing Mr. Koudinov on the occasion of the adoption of the new Penal Code, expected at the time for July 2000, given that he was not socially dangerous and had already spent sufficient time in prison; the Vice-Minister of the Interior stated that he personally would submit an application for his release,

Noting that, in his preliminary report on his mission to Belarus in June 2000, the United Nations Special Rapporteur on the Independence of Judges and Lawyers stated that “the independence of judges is threatened by the presidential power to appoint and dismiss most judges; … the judiciary must not only be independent but must be seen to be so. Only then can it command the respect of the people and the international community. So long as the laws remain an impediment to such independence, the judiciary will remain and be seen to remain an extension of the executive”,

1. Thanks the authorities and in particular the Belarus delegation for the information provided and their cooperation;
2. Notes with satisfaction that Mr. Koudinov's prison sentence has been reduced by one year; deeply regrets, however, that, contrary to previous statements by the authorities, Mr. Klimov has not been released, and fails to understand how a pending appeal can justify exclusion from an amnesty;
3. Recalls its concerns at the serious allegations that Mr. Klimov's right to fair trial may not have been respected, at the harshness of the sentence handed down on him, which it can but consider to be grossly disproportionate to the alleged offence, and at his poor state of health;
4. Again urges the authorities consequently to release him forthwith pending appeal;
5. Notes with deep concern that the Penal Code did not enter into force in July 2000; trusts that it will take effect in January 2001 and that Mr. Koudinov will be released;
6. Recalls the earlier opinion of the competent authorities that they are in favour of Mr. Koudinov's release as he is not “socially dangerous” and has already spent sufficient time in prison, and trusts that they will do their utmost to secure Mr. Koudinov's release, particularly since this would be in keeping with Article 15, paragraph 1, of the International Covenant on Civil and Political Rights, to which Belarus is a party;
7. Notes with regret that no progress has been made in the investigation into the disappearance of Mr. Gonchar, and considers this particularly worrying since the authorities do not seem to have explored information available to them to the effect that Mr. Gonchar is abroad;
8. Requests the Secretary General to convey this decision to the authorities and sources;
9. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 2001).

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