Stefanovich: Complaints against Statkevich may lead to new criminal case

Accusations of minor violations can increase Statkevich's prison term.

It became known that two complaints were made in prison against former presidential candidate Mikalai Statkevich. Charter97.org asks human rights defender Valiantsin Stefanovich from Viasna human right centre to comment on the measures taken by the authorities of the correctional facility in Shklou.

– How legal is it charge people with violating prison rules?

– It is legal if we speak about real violations of prison rules. The other matter is that the rules are applied to some inmates and not applied to others. If there's a goal to leave a person in prison for a longer term, prison staff can find faults with everything: why do you wear wrong pants, why do you stand in a wrong way, why do you wear a hat, why don't you wear a hat. They can punish an inmate for appearing at a roll call in slippers or sleeping on the floor in the daytime. But isolation of an inmate as a result of sanctions does not help to correct a person, though the whole system is supposed to correct people. An inmate can be deprived of visits, parcels and other things for minor violations.

– What consequences can the political prisoner meet?

– We'll watch the developments. Complaints can lead to disciplinary sanctions.

– What exactly disciplinary sanctions?

– They can take different forms from reprimands, depriving of visits or the right to receive parcel to a new criminal case under article 411 “Violation of prison rules” with a punishment of one year of imprisonment.

– Does article 411 mean that one can remain in prison forever?

– It does. We stand for the cancellation of this article. It is the Soviet legacy. The neighbouring countries – Ukraine and Russia – do not have this article. It punishes for a number of disciplinary sanctions. For example, an inmate's sanctions for a certain period are summed and a criminal case for failure to fulfil the rules is opened. It carries a punishment of up to a year of imprisonment. The worst thing is that it can be applied many times – two, four, ten. If you get in prison for three years, you can spend there seven years. Inmates, not political prisoners, wanted us to help. One man was sentenced to three years, but he remained in prison 5 or 6 years. The article was included into the criminal code to struggle against crime bosses. This measure sounds good if the authorities want to keep an uncomfortable criminal in prison for a longer time.

– Was this article applied to political prisoners?

– Yes, article 411 was applied to two political prisoners – Zmitser Dashkevich and Mikalai Dziadok. Dziadok's case has been sent to a prosecutor's office that will prepare it for a court. The trial is likely to take place in February. I am afraid it will repeat the trial over Dashkevich, which was held behind closed doors.

– Is Statkevich at risk now?

– Yes, theoretically, Statkevich is under threat, as well as other Belarusian prisoners. If the authorities have a goal not to release him by all means, they can use this article. But if political conditions change and they need to release him, they will free him.

– In your opinion, do the authorities want to add one year to his prison term?

– It's difficult to say so now, because we don't know how the situation will develop. Complaints were made, but it can be so that no consequences will follow. The only thing I know about Statevich's situation is that any decision is taken not by prison authorities but by other people. Prison staff just fulfil orders. If they are ordered to impose sanctions, they will do it. It can be so that complaints won't have any consequences. It depends on the goals of the authorities. It's not the decision of prison staff to pressure Statkevich.

Photo: charter97.org