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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 168th session (Havana, 7 April 2001)


The Inter-Parliamentary Council,

The Council of the Inter-Parliamentary Union,

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, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/168/13(c)-R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Taking account of the information provided by the Deputy Minister of the Interior, a member of the Belarusian delegation to the 105th Conference of the Inter-Parliamentary Union (April 2001), and by the source,

Noting that, with the entry into force of a new Penal Code in January 2001, Mr. Koudinov, who had been sentenced in August 1997 to seven years' imprisonment for bribery, was released on 5 February 2001,

Recalling that Mr. Gonchar disappeared on 16 September 1999 and that efforts to find him have so far been fruitless; Mr. Klimov was found guilty in March 2000 of large-scale theft of public funds for overestimating the volume of construction of brickwork that his firm was carrying out for Minsk City Executive Committee and sentenced to six years' imprisonment, which he is currently serving in a hard labour colony; Mr. Shchukin has on many occasions been arrested, detained or fined for participating in unauthorised demonstrations and "hooliganism" and affirms that he suffered police ill-treatment on five occasions without the police acting upon his complaint,

Considering the following new information on file:

  • As regards Mr. Klimov: at the hearing in Havana (April 2001) the Deputy Minister stated that he had visited Mr. Klimov in prison and affirmed that his state of health was satisfactory; however, according to information provided by one of the sources in March 2001, Mr. Klimov was suffering from not only a heart disease but also an early stage of diabetes; moreover, the Deputy Minister reported that, in view of Mr. Klimov's good behaviour in prison, he might be released in May 2002; he affirmed that Mr. Klimov's case was under constant supervision by Parliament;
  • As regards Mr. Gonchar: the Deputy Minister stated that Parliament had asked the Minister of the Interior and the Prosecutor General for information on progress made in elucidating Mr. Gonchar's disappearance; a criminal group suspected of being responsible for his disappearance had been arrested and Parliament would be the first to be informed of the result of the investigation;
  • As regards Mr. Shchukin: according to the source, Mr. Shchukin, who works as a journalist, was sentenced on 20 March 2001 to three months' imprisonment for hooliganism for attempting to attend a press conference of the Minister of the Interior without the necessary credentials; on 16 January 2001 he attempted to enter the press centre and pushed aside the guards but was knocked down by them, the glass entrance door being broken in the process; Mr. Shchukin was so badly cut that he had to be taken to hospital; pending appeal, he remains free,
Recalling also that, according to information provided by the authorities in June 2000, Mr. Klimov could already be covered as of August 2000 by the law On Amnesty of some categories of persons who have committed crimes and be released from prison; Mr. Klimov was not amnestied, the authorities arguing that the amnesty had no effect on him as an appeal before the Supreme Court against the judgment handed down on him was pending; noting that, on 20 December 2000, the Supreme Court turned down his appeal and that Mr. Klimov has now exhausted all domestic remedies,

  1. Thanks the authorities and in particular the Deputy Minister of the Interior for the information provided and for their continued cooperation;

  2. Notes with satisfaction that Mr. Koudinov was released on 5 February 2001, and consequently decides to close his case;

  3. Remains concerned at the continuing detention of Mr. Klimov in view of his state of health and the concerns it has expressed regarding respect for the principles of fair trial in his case, particularly his right to defence, and the harshness of the sentence handed down on him, which it can but consider to be grossly disproportionate to the alleged offence;

  4. Notes that Mr. Klimov may be granted early release in May 2002 if he continues to behave well; recalls that, according to the authorities, Mr. Klimov could not be included in the August 2000 amnesty law owing to his appeal to the Supreme Court which was still pending at the time; notes that the Supreme Court has now given its decision; calls on the authorities to grant him an amnesty as early as possible and to release him;

  5. Notes that a criminal group is suspected of being responsible for Mr. Gonchar's disappearance and that its members have been arrested; would appreciate being kept informed of any developments in the investigation;

  6. Wishes to ascertain the outcome of Mr. Shchukin's appeal against his conviction for "hooliganism"; would appreciate information as to the criteria applied in granting accreditation for press conferences of Ministers;

  7. Requests the Secretary General to convey this resolution to the authorities and to the sources;

  8. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001).

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