Harry Pahanyayla: Karayeu’ s Speech’s Worth of Death Penalty

Fair justice will come.

This was stated by the chairman of the Legal Committee of Belarusian Helsinki Committee Harry Pahanyayla. He commented on the speech of the former head of the Ministry of Internal Affairs of Belarus Yury Karayeu at his farewell speech to the State Department of Internal Affairs of Belarus published by BYPOL:

- He spoke too much. It entails the abuse of power and the threat to kill citizens. If these murders are evaluated as executions without trial, they will be considered from the position of the criminal law and the international community as crimes against humanity.

If the leak presents the objective circumstances of the farewell speech of the ex-Minister of Internal Affairs Karayeu and the words, said exactly by him: "leave everything, find this beast and kill! That's my instruction to you", it becomes clear that Karayeu's words aim at peaceful protesting citizens, expressing their opinion and political views.

Such politically motivated murders of a systematic nature are deeds falling under Article 128 of the Criminal Code of the Republic of Belarus. It provides for punishment up to and including the death penalty and has no statute of limitations, as do all crimes against peace and humanity under our Criminal Code. The ex-Minister oriented his subordinates to committing such grave crimes.

The very performance of General Karayeu, if it is proved that the voice on the tape belongs to him, reveals the true face of those whom the former head of state appoints to top positions, gives them general's shoulder straps. They command thousands of law-enforcement officers. It all reveals the bastard state of the system.

It's the extreme loyalty to the master, a willingness to carry out any of his criminal orders, without regard for the victims, without considering how people, the public, and even his fellow officers will perceive it. It's the lack of intelligence and critical perception of events, and pure boorishness. How can they have any humane attitude towards those whose rights and freedoms they are supposed to protect? These "protectors" have removed everything human from their heads by smashing bricks and bottles over their heads during training and "shouting slogans.

The prosecutor's office could have assessed these statements as incitement to ethnic and other hatred, including for political reasons, with all the ensuing consequences. This citizen has had a speech worthy of several articles of the Criminal Code.

The law enforcement agencies have decided they are "protecting" the state from peaceful protesters. They don't remember that the state is the people. Other people hired by them to achieve the goals set by the Constitution and the laws adopted on its basis. These laws ensure the right of citizens to rebel against the criminal government. The Karayeus, the subordinates of Karpenkou, Balaba and others, who perform police functions, now behave as invaders in their native land.

It is like a war today: "we do not take prisoners", and the victims can not be taken into account. Their faith in permissiveness and admissibility of the means they can use demonstrates to society and the whole world the readiness to follow every order their master gives.

On the eve and during the 2020 election campaign, the former head of state toured many special forces brigades, other military formations, perhaps for the only purpose: feeling the threat to his power, he forced the military to change the oath they had taken to serve the people. He forced them to swear allegiance and support him in everything, promising awards, promotions, apartments, general's shoulder straps, high salaries, and permissiveness." He guarantees their safety. Now we are witnessing it.

As a result, many of them have become participants in the unconstitutional seizure of state power, and have thus become participants in numerous crimes committed on the Belarusian land.

- Can one fully prove Karayeu's crimes against humanity based on this tape?

- If the investigation will commission phonoscopic expertise to establish the voice, and its result will show that the voice belongs to Karayeu, then it can serve as proof of his guilt.

After the necessary investigative steps, the court should receive the secured evidence in the prescribed manner. The judicial scales will check their veracity, reliability and sufficiency. The verdict will rely on it. Fair justice will come.

The court may recognize that this man, who engaged in these kinds of appeals, was preparing his "comrades" for committing murders. These murders were carried out.

The recording itself proves that some crimes were committed by employees of the Ministry of Internal Affairs after Karayeu's words. I also mean the murders of, for example, Raman Bandarenka. When the causal connection between the statements that allegedly belonged to Karaeu and the subsequent actions related to the murder of Bandarenka will be proved, then it is possible to say the crime was committed by police officers, citizens affiliated with them, who also carried out illegal police orders to beat up people, although they had no legal authority to do it. All of this subject to a thorough and objective investigation.

I do not believe in the idea of an international court under the auspices of the UN Security Council or a European one, because it is extremely difficult and long. However, these prospects exist. However, today we realize that some cases can appear under universal criminal jurisdiction. It exists in many Western European countries, as well as our neighbours: Ukraine and the Baltic states, and Russia.

For example, citizens of Belarus escaped from torture and atrocities in their homeland and are now abroad. The countries that granted them asylum or protection of another format have universal criminal jurisdiction. People can apply to the competent authorities with a request to conduct pre-investigation and initiate criminal proceedings under the rules of universal jurisdiction. Such proceedings have begun. We know about the case of Maksim Khoroshin in Lithuania. Ten other similar cases are opened in Lithuania. Similar cases are under investigation in Poland, Ukraine, Czech Republic and Germany. Other countries may also open similar cases.

The geography of such cases will expand as thousands of our citizens have suffered from cruelty, torture and abuse, and are waiting for justice.

I'm glad to see the developments. I have been insisting for 20 years on the application of universal criminal jurisdiction, which appeared in our Code of Criminal Procedure on January 1, 2000. I know that similar articles exist in the codes of other countries. They appeared earlier in some countries and later in others. However, they had common demands of States and nations to fight crimes against humanity, waging wars, genocide and other crimes.

Concluding the relevant treaties and agreements, the states undertook the obligations and introduced into the national laws such torts, which allow prosecuting at the national level the perpetrators regardless of where the crimes were committed. With the data and statements of the victims and their relatives, criminal proceedings can be initiated, preventive measures can be chosen, arrest warrants can be issued, and Interpol services will search for the fugitives around the world, find them, bring them to justice.

Universal criminal jurisdiction operates on the principle of "either extradite the perpetrator to face justice or try him". In the past, Chilean officers from the time of Augusto Pinochet, who carried out torture, murder, kidnappings followed by disappearances and other crimes against humanity, were tried under this universal jurisdiction. They were brought to justice in Belgium, Spain, and other countries, following national laws under the procedure of universal criminal jurisdiction.

It has recently become known about the convictions of Syrians who committed the same crimes against their and foreign nationals on the territory of Syria. It would seem that Syria is such a distant country from Europe, the events took place 6-7 years ago. Today, there are already cases considered in Germany. Many have been convicted and sentenced to long terms of imprisonment. However, there have also been acquittals. It means that justice has been rendered.

The Belarusian people should know that there are tools to deal with the irresponsibility of our law enforcers who have committed crimes. They work. Perpetrators will face punishment. Moreover, we will meet the time when trials will be held in our country as well. However, these will be independent courts, with democratic authorities, and under new conditions. We will guarantee that every person who will stand trial will answer for what one has committed. Fair justice will come.

And let Karayeus, Karpenkous and others talk as much as they want. Nevertheless, they should remember that what is done by night appears by day. The leaks show that there is a mess in the security services; people there do everything to ensure their security in future.

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