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BELARUS
CASE N° BLS/01 - ANDREI KLIMOV
Resolution adopted unanimously by the Governing Council
at its 174rd session (Mexico, 23 April 2004)


The Governing Council of the Inter-Parliamentary Union,

Referring to the outline of the case of Mr. Andrei Klimov, a member of the Thirteenth Supreme Soviet of Belarus, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/174/12(b)-R.1), and to the resolution adopted at its 173rd session (October 2003),

Taking account of the information provided by the Chairman of the Standing Committee on Legislation and Judicial Affairs of the House of Representatives at the hearing held on the occasion of the 110th Assembly (Mexico City, April 2004), and of his letter of 9 April 2004,

Recalling that on 17 March 2000 Mr. Klimov was found guilty of large-scale embezzlement and sentenced to 6 years’ imprisonment in a hard labour colony and confiscation of his property; recalling its serious concerns that the guilty verdict and Mr. Klimov’s sentence were the outcome of an unfair trial during which he was prevented from presenting his defence and thus clearing himself of the charges against him,

Considering that Mr. Klimov was released from prison on 26 March 2002, his remaining prison term having been exchanged for community service; on 26 December 2002, he was granted release from his sentence in form of community service, but will remain under supervision at his place of residence by the penal inspectorate of the Oktyabrsky District Police of Minsk until 23 March 2005, when the court case against him will definitively lapse; however, by virtue of Article 5 (para. 3.5., part I) of the Law on entry into and exit from the country, he will be prevented from travelling abroad so long as he has not repaid to the State the sum he allegedly embezzled (approx. U$ 58,000),

Recalling that, according to the authorities, Mr. Klimov is now leading a normal life and working in his own company; he is not prevented from being politically active and may stand for election,

Noting in this respect that, according to Article 4, paragraph 12, of the Electoral Code the text of which the authorities provided to prove that Mr. Klimov may stand for election, only citizens who, pursuant to a court judgment, have been deprived of their political rights or are in detention are not permitted to take part in elections or referendums; at the hearing held in Mexico City, the Chairman of the Standing Committee on Legislation and Judicial Affairs of the House of Representatives confirmed that Mr. Klimov's sentence did not entail any deprivation of political rights; noting further that he provided a copy of the weekly "The Belarusian Market" newspaper, 17 March 2004, containing an interview with Mr. Klimov in which he declares that he will run in the 2006 presidential elections; noting finally that the Chairman confirmed that the non-payment of the allegedly embezzled sum is no obstacle to Mr. Klimov's standing for election,

  1. Thanks the Chairman of the Standing Committee on Legislation and Judicial Affairs of the House of Representatives for his constant cooperation;

  2. Notes with satisfaction that Mr. Klimov is now leading a normal life and may exercise his civil and political rights, including his right to stand for election;

  3. Decides therefore to close the public examination of this case, while authorizing the Committee on the Human Rights of Parliamentarians to continue examining this case under its confidential procedure, should it see fit;

  4. Requests the Secretary General to inform the authorities and the sources accordingly.
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