US embassy cable - 05MINSK1437

C O N F I D E N T I A L SECTION 01 OF 02 MINSK 001437 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 11/02/2015 
TAGS: PGOV, PREL, BO 
SUBJECT: Three Years In Jail for Discrediting Belarus 
 
 
Classified by Ambassador George Krol for Reasons 1.4 (B,D) 
 
1. (U) Summary:  Belarus' lower house of Parliament on 
November 25 approved in first reading amendments to the 
criminal code that would make it a criminal offense to 
participate in demonstrations or give "false" information 
to foreign entities and international organizations. 
Though still requiring a second reading in the lower house, 
a reading in the upper house, and the President's signature 
before coming into force, Lukashenko demanded it be 
implemented by January 2006, practically guaranteeing that 
the amendments would soon become a law.  The BKGB chief 
supported the move, admitting it would prevent opposition 
forces from causing trouble during the presidential 
elections.  Opposition and political activists condemned 
the bill, likening it to oppressive measures used in the 
Soviet Union to eradicate all anti-GOB and pro-change 
voices in society.  End Summary 
 
The Repression Overwhelmingly Approved 
-------------------------------------- 
 
2. (U) On November 25, Belarus' House of Representatives 
(the lower house) approved the first reading of a bill that 
would amend the country's criminal code and criminal 
procedure.  Submitted by Lukashenko on November 23 and 
marked "urgent," the amendments would introduce prison 
sentences for activities deemed "revolutionary" and 
threatening to Belarus' stability.  The first reading 
overwhelmingly passed in a 94-to-one vote.  To become a 
law, the lower house needs to approve the bill in a second 
reading, the upper house to approve it, and then the 
President would have to sign it.  Despite only passing its 
first step in the Belarusian "legal" process, Lukashenko 
expects the bill of amendments to take effect in January 
2006. 
 
The Nuts and Bolts of the Bill 
------------------------------ 
 
3. (U) The bill is aimed to toughen punishment for 
activities ostensibly directed against the citizens and 
public security.  Such activities include participating in 
street protests, telling "lies" about Belarus to foreign 
countries, and soliciting foreign help in attacking 
Belarus' sovereignty.  The punishment for training people 
to participate in events that "flagrantly violate the 
public peace" would be six months in a local jail or two 
years in prison.  [Notes: A jail sentence would be time 
served in a local police station or detention center 
whereas a prison sentence would be served in one of the 
high security prisons in the country.] Training people to 
take part in "mass riots" or financing such riots would 
carry a six-month jail sentence or three years in prison. 
Soliciting foreign countries or international organizations 
to act "to the detriment" of the country's "security, 
sovereignty, and territorial integrity" and/or the 
distribution of material containing such appeals would 
result in a six to 36-month jail sentence or up to five 
years in prison.  Distributing such appeals via the media 
would carry the same punishment. 
 
4. (U) The bill includes a new article to the criminal code 
called "Discrediting the Republic of Belarus."  The article 
states that presenting a foreign country or international 
organization with false information about the political, 
economic, social, military, and international situation in 
Belarus would result in up to six months in a local jail or 
two years in prison.  Providing information about 
government agencies or the rights of Belarusian citizens 
carries the same punishment. 
 
5. (U) Making public appeals for power seizure or a 
"violent" change of the constitutional system is punishable 
with six months in jail or three years in prison. 
Organizing and/or participating in activities of 
deregistered NGOs or foundations could result in a six- 
month jail sentence or two years in prison.  Members of 
these organizations who voluntarily notify the appropriate 
authorities when these laws are broken, however, are exempt 
from punishment. 
 
The True Purpose 
---------------- 
 
6. (U) Chair of the BKGB Stepan Sukhorenko told reporters 
on November 25 that the amendments would discourage 
opposition forces from staging street protests during the 
2006 presidential elections.  According to Sukhorenko, the 
main threat to Belarus' stability does not come from the 
opposition, but from abroad (i.e. U.S. and EU).  The 
 
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opposition knowingly discredits Belarus in the 
international arena in order to increase Western pressure, 
contributing to the country's destabilization.  Sukhorenko 
claimed the opposition forces were training activists to 
organize mass disturbances at militant camps in the Vileika 
and Krupki districts and in neighboring countries. 
Sukhorenko regretted that the bill of amendments was not 
adopted earlier and opined it was a measure to prevent 
rioters from taking to the streets with "guns, petrol bombs 
and iron rods." 
 
Civil Society Leaders Outraged 
------------------------------ 
 
7. (U) Leader of the United Civic Party Anatoly Lebedko 
called the bill a clear indicator of President Lukashenko's 
intent to use force to remain in power.  Lebedko noted that 
the bill violated the Constitution of Belarus and proved 
that Lukashenko does not have complete control over the 
people and not supported by the majority of Belarusians. 
Sergei Voznyak of the Belarusian Party of Communists and 
Aleksei Korol of the Belarusian Social Democratic Party 
"Hramada" are concerned that the bill would give the BKGB 
free reign to intimidate the opposition and stifle dissent. 
Korol called the bill a historical phase of dictatorship, 
the next one being judicial executions.  Independent 
analyst Sergei Balykin called the bill a revival of the 
Soviet system and likened it to the 1961 Belarusian Soviet 
Socialist Republic criminal code, the "Anti-Soviet 
Campaigning and Propaganda." 
 
8. (C) On November 29, Poloff met with Belarusian Helsinki 
Committee human rights lawyer Garry Poganyailo.  Poganyailo 
and other human rights activists released a statement on 
November 28 condemning the bill as a tool to crush any 
opposition ahead of the elections.  Poganyailo noted that 
the "Discrediting the Republic of Belarus" amendment is an 
almost verbatim copy of amendments adopted by Joseph Stalin 
and Nikita Krushev during the Soviet Union. 
 
9. (C) Poganyailo believed Lukashenko ordered the bill to 
be processed quickly so to eradicate any sense of 
opposition within the population by February, the month 
when the Parliament will establish the 2006 election date. 
According to Poganyailo, this bill could turn into a law as 
early as December 10.  Once implemented, Poganyailo 
predicted Belarusian NGOs and political parties can expect 
liquidations and a major movement underground.  He added 
that one aspect of the bill, the authorities' right to 
detain individuals for ten days for alleged terrorist or 
hooliganism, would also allow the GOB to detain all 
political leaders and election observers on the eve of 
elections and hold them until the results are well 
established and irreversible.  From Poganyailo's 
perspective, this new bill and the buildup of OMON (riot 
police) forces in Belarus is a clear indication that any 
demonstration before, during, and after the elections will 
be brutally crushed. 
 
Comment 
------- 
 
10. (C) This action reveals the regime's underlying 
paranoia, belying Lukashenko's confident assertions that 
all is well in stable, peaceful Belarus.  The GOB does not 
need this legislative measure to enforce its will Q it has 
the tools to repress whomever it wants.  However, the 
legislation will further chill the atmosphere and cow 
already fearful potential activists.  Moreover, the bill 
could make it much more difficult for Post to engage and 
report on civil society as part of its normal diplomatic 
activities.  Post presumes that the few hard-core 
opposition will remain outspoken.  Nonetheless, this 
legislative action is a civil measure harking back to the 
Cold War and the U.S. (and EU) should make clear to the 
Belarusians our dismay and implications of its passage. 
 
KROL