Harry Pahanyajla: Coup d’etat charges should be brought against Lukashenka

The Interior Affairs Ministry adheres to the previous version of events on December 19, 2010 in Minsk – coup d’etat attempt.

The chairman of the legal commission of the Belarusian Helsinki Committee Harry Pahanyajla holds the opposite view, “Belorusskiy Partisan” writes.

According to the human rights watchdog, such charges should be filed against the current leadership of the country, not against the opposition.

- We are witnessing how statements made by one person, who right after the events of December 19 classified all events in exactly this way, are being materialized. And this classification is being disseminated by the official propaganda aggressively and methodically. This man had publicly made a statement about the coup with the aim to seize state power, and that the ramifications of a plot lead to Germany and Poland. He stated that only harsh actions of law-enforcing agencies had prevented a coup in the country, and everyone continues to live in the former “prosperous and peaceful” Belarus.

That is why the criminal cases on mass riots have been initiated. So far we have not seen plot accusations, attempts of unconstitutional seizure of power, to be presented. However, despite of the complete absence of evidence, 5 verdicts of guilty have been brought in, and for three convicts (Atroshchankau, Mauchanau, Novik) sentences took effect yesterday.

The set course of our courts is understandable, they are performing a task: they are following the will of their “Master”. That is why the trials are going at full drive, and they are to continue. Court, prosecutor’s offices and the Interior Affairs Ministry have become hostages of this predetermined outcome. There is no and there could be no independent objective investigation, there is no and there could be no objective and unbiased procuratorial supervision, there is no and there could be no fair proceedings. Lukashenka aims to demonstrate everyone that he is the only master in the country, that is why all his public statements are carried out immediately. That is why the bar, the last relatively independent institution, which is trying to oppose other stories during the investigation of these cases, is being suppressed.

- Proceeding from the classification of the crime by the Interior Affairs Ministry, under which articles these people should be charged?

- It’s Article 357 of the Criminal Code – a plot or other actions committed with the aim to seize state power in an unconstitutional way and retention of the state power, seized unconstitutionally. These are exactly the crimes we are charging Lukashenka and his clique with. I am preparing appropriate appeals to the KGB, prosecutors, both houses of the National Assembly, Central Election Commission, Constitution Court, and Supreme Court. But I have a clear understanding that neither branch of government will consider the issue of unconstitutional assumption of power by Mr Lukashenka and his henchmen.

As a result of anti-constitutional referendums (in 1996 and 2004), Lukashenka concentrated all power in his hands and de facto became the only permanent head of state for the rest of his life. Politically motivated kidnapping of the authorities’ opponents (possible extrajudicial executions), rigged elections in 2001, 2006, 2010, all these are links in the same chain of crimes, which can be qualified as unlawful retention of power seized by unconstitutional means.

- Why was investigation in criminal cases over “mass riot” completed and cases sent to courts so hastily?

- Lukashenka needs to prove that his public statements have confirmed and the events of December 19 were estimated in the right way, as an attempted coup. It was allegedly planned to seize the building of the parliament, and mass riot was organized to drive the energy of violent mob to seize the power. Lukashenka tries to acquit himself of suspicion of anti-constitutional and dictatorial aspirations. The political regime established in the country can be called totalitarian. It means that the state seeks full (total) control over all aspects of public life. That is the idea of the regime.

As for courts, he can hide behind statements ‘it was not me, the verdicts were delivered by courts’ and begin trading with the West. He may say, let’s close our eyes to the events in Belarus on December 19, 2010, and continue dealing only with me, because I remain the only real politician in Belarus. Deal with me, do not bear any relation to the opposition, it is eliminated. That’s his message.

Lukashenka thinks it ended up with the opposition. But in my view, he is wrong. The opposition and democratic part of society should exert strength to do the real work – removing Lukashenka from power.