Showing posts with label Yuriy Zakharenko. Show all posts
Showing posts with label Yuriy Zakharenko. Show all posts

Friday, November 22, 2013

The Abduction of Europe

  • Sannikov: "It could be said that Europe created Lukashenko, and Lukashenko created Putin's Russia." (Photo: Marco Fieber)

BRUSSELS - The slowing of democratic development is becoming increasingly evident around the world. Freedom House reports that fewer countries now guarantee all political and civil rights and freedoms than just a few years ago. This worrying retreat of democracy has been going on for more than five years.

This is largely due to a change in attitudes towards promoting democracy in the US and Europe.
There is a growing perception that democratic Europe is turning its back on the very principles it is based on; even the emotional connection to recent history, the history of fighting for freedom, for European values, is becoming weaker. 


Promising past

The success story of European unification is no longer a political guiding light. However, it's worth reminding that after the collapse of the Soviet Union, Eastern Europe wasted no time in turning its back on the former empire to join NATO and the EU.

Poland, the Czech Republic, Slovakia, Hungary, Lithuania, Latvia, Estonia, Slovenia, Bulgaria, and Romania joined the EU. Reality exceeded the boldest of forecasts for the democratic world, for progress and human rights in Europe. The dream of a Europe whole and free became reality for much of the European continent. In the 1990s, it still appeared that the constituent republics of the former Soviet Union, or at least those in geographic Europe, would follow suit. This was the best time to create and develop democratic institutions in the European portion of the Soviet Union. Indeed, many Western NGOs came to Belarus, Ukraine and Russia at that time to help develop civil society. However, for different reasons they failed to achieve any lasting success in these countries.

Early in the new millennium, Europe needed US support, including support for accession of new members to the EU, and was aligned with the US foreign policy, which was based on the core premise of promoting democracy above all. Europe and especially Eastern European states that reclaimed its European identity benefited from this solidarity on principles.

The entire Former Soviet Union (FSU) is now in full retreat, away from democratic values. And Western NGOs and their local partners are under the greatest pressure ever in all the years of their operation in the FSU nations. NGOs have been declared "foreign agents" in Russia. They have been "enemies of the people" in Belarus for years.

There is a clear danger of Russia becoming a totalitarian state. Totalitarian tendencies are on the rise in Ukraine as well, even as it is negotiating to sign an association agreement with the EU. It is not a “civilisation choice” of Ukraine that is being negotiated but an arrangement to accommodate the interests of an authoritarian ruling elite in Ukraine.

Disappointing present

Currently the US is distancing itself not only from promoting democracy in general but also from the process of promoting democracy in Europe. Going back to the "security paradigm" that de-emphasizes concerns for human rights and democracy lead to the US having a working relationship, sometimes very close and friendly, with the majority of non-free countries around the world. This is why the "Arab Spring" came as a great surprise to the US, creating problems for the US, the EU, and the world. No matter what provoked the nature was revolt against tyrants that were partners of the West.

Europe is now repeating this mistake. It has started sliding back into the Realpolitik mode of 20th century, dating from an era of two opposing systems, two different ideologies. This is a policy based on fallacy. It is a path that is harmful for the EU and a path that will lead to outright betrayal of democratic movements in nations living under authoritarian regimes or dictatorships.

One of the arguments behind this policy is the false premise that Russia is resisting Western influence and doing everything to oppose it and that the EU must therefore discern any signs of opposition to Russia in other FSU nations, and help support this opposition.
The key error here is thinking that by supporting these regimes against Russia the EU is weakening their ties with totalitarianism.

In reality the fact is that the FSU nations have created an alternative development model and are now building upon it, with Russia as the heavyweight in the region, and with help of Western Realpolitik. Whatever differences some of the FSU nations may occasionally have with Russia, turning a blind eye to the nature of their regimes and supporting them just because they are from time to time at odds with Russia is lethal for values and for the future of those countries.

Under this policy, the basic values Europe stands for and is based upon tend to take second seat to Realpolitik considerations. Geopolitical rivalry once again comes to the fore, which results not only in reneging on one's principles, but also in strengthening and legitimising the totalitarian regimes.
The totalitarian government model is currently much more appealing than Western-style democracy to the ruling groups of FSU countries. They have chosen this development path and are never going to adopt Western democratic ways by their own choice. Why should they?

At the moment issues like human rights and democracy can be excluded from meaningful bilateral trade relations. They can always reach a deal with Europe that is monetarily profitable to both sides. Liberalisation and democratisation will cost them power. At the same time there is little cost to them for failing to comply with international obligations and to change under current EU policy and huge risks to their dictatorships if they do change.

Post-Soviet totalitarianism has taken things much further than the Soviet Union ever did. The former superpower at least had some respect for national borders. It opposed the West in the Third World, rather than on the enemy's home ground. In Western Europe, the USSR used “conventional” methods of espionage, attempts at propaganda and support for local communists.

Things are very different today. Post-Soviet totalitarianism has found Europe's weakness and is increasingly trying to impose its own rules of engagement in Europe. This may not yet be a conscious strategy, but the scale and effectiveness of this “abduction of Europe" are truly impressive.

Dangerous future

It all began with significant investment in the Old World. Post-Soviet nouveaux riches became welcome in Western Europe. At first, they simply came over for a short holiday, to party and enjoy "European" life, while gradually coming to understand that they did not have to adapt to unnecessary convention, as their money was dazzling to the citizens of the EU.

Businessmen and politicians from the FSU started buying up real estate, moving their business to Europe, or at least putting them under companies in European offshore zones. They began buying sports clubs and entertainment venues on the Continent. The experience of those early weekend trips to Europe came in handy, and proved a great eye-opener. Huge amounts of cash began flowing west and huge amount of lawyers were hired to justify it, explain it and arrange for its deposit in western banks.

Business interests from all FSU countries currently have a presence in all European countries. London, which many of the Russian super-rich call home, is a prominent example. On the face of it, this would all be perfectly normal, even progressive development, if wasn’t for the fact that business interests across the FSU have no respect for laws and rules of the game accepted in the West.

These business interests bring their grey schemes of making money to Europe, making a "quick Euro" or a few hundred million quick Euros without proper control and while following corrupt practices. They also actively lobby EU member states, especially their policies in respect of FSU nations.

Business interests need lobbying, and this was precisely what post-Soviet businessmen and EU politicians started engaging in, acting through European politicians and members of parliaments and other legislators. The Latvians lobby for relaxing constraints on Belarusian petro chemicals, many of which are exported through Latvian ports. Former German Chancellor Gerhardt Schroeder joined Gazprom in the midst of its energy wars with the West.

The next level of infiltration of Europe was through the media and think tanks. After several failed attempts to set up or support NGOs in the West that would promote pro totalitarian propaganda, Russia and several other nations simply started buying analysis, journalists and media personalities, who could use their full knowledge of Western sensibilities and mind-sets to promote the interests of totalitarian regimes and dictatorships. The television channel Russia Today is a prime example of this. Native English speakers and pundits are hired as presenters to present pro Russia news in perfect English.

Expensive PR agencies are more than happy to see totalitarian regimes of the FSU among their clients, going to great lengths to make sure human rights violations in these countries are overlooked in Europe. Lord Timothy Bell and his PR agency eagerly came to serve Lukashenka government to lobby its interests in the UK and in Europe.

The push-back from the FSU is strong. The opposition to a EU Magnitsky law is a prime example of this with the EU being afraid to pass an act for fear of derailing its relations with Russia.
Dictators around the world are watching closely. They happily note that the Court of Justice of the European Union has accepted the claims of the blacklisted representatives of the dictatorial regime in Belarus who pose as journalists or election committee officials as well as some oligarchs who serve the dictator to be removed from the list.

Not only accepted but even ruled to pay the lawyers of the criminals that goes against European values. We also see the Zimbabwean tyrant Robert Mugabe filing a multibillion-dollar lawsuit over the losses suffered from EU Sanctions. Frightfully expensive European lawyers will now try to prove in court that destroying one's own country and one's own people is a tyrant's inalienable right. That'll be quite a precedent.
European democracy is increasingly becoming a product for purely domestic consumption. It is in full effect in the EU, where politicians, journalists, government officials and ordinary citizens alike are more than happy to benefit from it, and it grinds to a halt at the EU’s boundaries.

Democratic principles prevail inside the EU: independent courts protect human rights from encroachment by other individuals as well as governments. Outside the EU, one can conveniently forget about principles and deal with dictators.

The policy that Vaclav Havel described as "the sinister experience of dictator appeasement," is now called a "policy of engagement." This is precisely what the EU is offering Lukashenko, the man whose regime is responsible for disappearances and murders of opposition leaders, journalists, mass human rights violations, as well as destruction of national culture, history and language.

It all started in Belarus

The abduction of Europe started with Lukashenko. The foundation of Europe's last dictatorship was laid in Belarus precisely in the 1990s when Europe lived through its best period of great expectations, enlargement and common values. Lukashenko achieved a successful coup d'etat (disguised as a referendum) and assumed total power in 1996.

The EU responded by suspending relations with the regime, hoping that the next election would be fair. Popular opposition leaders who enjoyed broad support were murdered in 1999: Gennady Karpenko, Yury Zakharenko, Victor Gonchar. 

Every one of them could have won an election against the dictator. The EU did not respond to that. The Council of Europe conducted an investigation years after the murders. In the meantime, the dictator was building, consistently and methodically, modern Europe's toughest totalitarian system in Belarus. 

All FSU regimes, notably that in Russia, carefully studied the approaches and methods tested by the dictator in Belarus. They did not simply study them, they also adopted the "best dictatorship practices" for their own use.

It is abundantly clear how Lukashenko's practices are currently implemented in Russia. Among other things, Russia is watching how quickly Belarus can patch up its relations with the EU after yet another, more vicious spat.

It could be said that Europe created Lukashenko, and Lukashenko created Putin's Russia.
The experience of the Belarusian dictatorship shows that after any flare-ups with the West, after putting down peaceful demonstration, putting more political prisoners into jail, someone will come forward in Europe to defend the bankrupt Belarusian regime, and appeasers would be found domestically, who would join efforts to make the EU to revert to the Realpolitik mode.

A united Europe, with active involvement by the US, would have been a guarantor of restoration, reinforcement and development of democratic values, principles, and standards in the post-Soviet region. This is necessary for maintaining the Transatlantic partnership, for FSU nations, and for Europe itself. However, this is not happening.

And now Europe is in the throes of a very real crisis of values, which will hit it, much harder than any financial, mortgage lending, or foreign exchange crisis. The essence of the crisis is precisely that the EU does not see its mission to strengthen and develop democratic values. It believes it can maintain its own institutions and values untainted and engage and trade with its undemocratic European neighbours at no cost to itself. This is a mistake.

No "Realpolitik," no amount of "engagement" and overtures towards dictators are going to create predictable, safe neighbours for Europe. Dialogue and engagement with these regimes legitimises them and lets them into the EU where it is the EU’s systems and values that corrode. Remember, there are fewer free countries in the world than five years ago.

Only a direct, honest, uncompromising assessment of the dictatorship's actions, only an honest, strong, and brave stance in response to human rights violations by oppressive and dictatorial regimes, and bold support of democratic movements should help Europe defend its values and avoid new conflicts and a real “clash of civilisations”.

Andrei Sannikov is a Belarusian opposition politician 
and a former presidential candidate and political prisoner. 
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 http://euobserver.com/opinion/122187
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Saturday, June 22, 2013

Lukashenko So Called President of Belarus is Illegitimate Since 1999 (Arguments & Facts)



Minsk, Belarus

On December 22nd, 2010 one of the former presidential candidates Gregory Kostusev submitted a complaint (on 32 pages) to the Central Election Commission of Belarus to recognize the results of the presidential elections in the Republic of Belarus on Dec. 19, 2010 null and void. On December 24th the CEC of Belarus rejected this complaint.

Here is a short version of this complaint:

To the Central Commission of Belarus for Elections and National Referendums

To the General Prosecutor of the Republic of Belarus

Copies: to OSCE / ODIHR Election Observation 2010, CIS Observation Mission]

APPLICANTS:

Candidate for the President of the Republic of Belarus Vladimir Neklyaev

Candidate for the President of the Republic of Belarus Gregory Kostusev

RATIONALE: on recognizing the election of the President of the Republic of Belarus 2010 null and void

Numerous documents attached to this complaint testify as the evidence of gross violations of Laws of the Republic of Belarus at all stages of the electoral process. These violations significantly influenced the preparation of presidential elections in Belarus, their conduct and the outcome of the vote.

The election campaign was held across Belarus with violations of national legislation and international standards - especially presidential elections did not meet the standards of the Copenhagen document of the CSCE (1990)

and the obligations of the Republic of Belarus in this field, which eventually led to a regular (2001, 2006) falsification of the results of the elections.

We are taking into account the time shortage for appeal (only during 3 days after December 19th, 2010) and the detention of the Candidate for the President of the Republic of Belarus Vladimir Neklyaev on December 19th along with six other presidential candidates.

At this time we present detailed, but incomplete analysis of the major violations of Belarusian Law, in connection with which the election of the President Republic of Belarus in 2010 are considered to be invalid.

1. USURPATION OF POWER BY MR. LUKASHENKO AND HIS GOVERNMENT AND WITHHOLDING OF POWER BY UNCONSTITUTIONAL MEANS. ILLEGAL PARTICIPATION OF MR. LUKASHENKO IN PRESIDENTIAL ELECTIONS 2010.

1.1. Trampling of the legislative framework of the electoral system of the Republic of Belarus by Mr. Lukashenko.

Finding Mr. Lukashenko in office till now without any restrictions made possible by the national referendum initiated and conducted by him and his government.

Referendums which established an unrestricted usurpation of power by Mr. Lukashenko were initiated and conducted in 1995, 1996 and 2004: in 1995 Belarussian historical (national) state symbols were replaced for the sake of the personal political and ideological principles of Mr. Lukashenko; in 1996 the main principle of separation of powers was abolished and without any elections his term in office was extended for two years; and in 2004 the constitutional limits on the tenure of the President of the Republic of Belarus were finally removed.

Due to the referendum of 1996, the results of which could only be recommended by law, the Constitution of the Republic of Belarus has been amended and changed, and the president's powers have been illegally additionally expanded and extended until 2001.

The appointment by Mr. Lukashenko of referendum 1995-1996 was based on his personal decrees and could be considered by international law as an usurpation of legislative power.

Special Commission of the Supreme Council of XIII-th Convocation on a legal assessment of violations by the President Lukashenko of the Constitution and Laws of the Republic Belarus, led by Viktar Hanchar
made a conclusion that his actions by holding a referendum in 1996 to change a Constitution was a CRIME, and according to the Article 61-1 of the Criminal Code (hereinafter - CC) of the Republic of Belarus (1960) was considered as "a conspiracy to seize the government". This parliamentary committee concluded that since July 20th, 1999, the presidency of Mr. Lukashenko lost its legitimacy.  

[Viktar Hanchar was a Belarusian politician  who disappeared in Minsk on September 16, 1999, along with his friend, the businessman Anatol Krasouski. Both of them were abducted and executed on the order of people close to president Lukashenko. Investigation of the disappearance of Hanchar and Krasouski is one of the basic charges of the Belarusian opposition, and is also mentioned in the documents of international organizations.]

The next step was the publication by Mr. Lukashenko on September 7, 2004, a decree № 431
"About the Purpose of the Referendum 2004." As a result of this referendum the illegal changes were made to the Constitution of the Republic of Belarus which lifted the restrictions on only two presidential terms at the office.

The referendum on Oct. 17, 2004 was carried out with gross violations of all norms of the electoral law and democratic principles, outlined in the Copenhagen Document, supported by the Republic of Belarus. The results of the referendum were not recognized by democratic community of Belarus and international organizations (Council of Europe, PACE, European Union, OSCE, etc.).

The results of the referendum 2004, held in clear violation of the Constitution and laws of the Republic of Belarus, should be null and void.

Actions of Mr. Lukashenko to initiate and conduct a referendum on removal of constitutional restrictions on staying in power for more than two terms fall under signs of crime, responsibility for which is provided in Part 3, Article 424, Article 357 and Part 2 of the Criminal Code (abuse of power with the purpose of unconstitutional holding).

In addition, the organization and conduct of referendum passed with egregious violations of the electoral and other laws of the Republic of Belarus.

Multiple belarussian citizens´ appeal to the prosecutor's office (in 2004, 2006 and subsequent years) with the demand to bring against Mr. Lukashenko criminal proceedings under Articles 357 and 424 of the Criminal Code were declined with no proper legal explanation.

On the eve of the elections 2006 discriminative legislative Benefits (Amendments to the Criminal Code, etc.) for the incumbent running for a new term were established. Shortly before the election campaign, Mr. Lukashenko legalized presidential decrees number 8, 11, 20, which tightened the legal framework for political parties, associations, creating limited opportunities for mass actions of opposition, mass protests.

In the legislative basis for the preparation and holding of presidential elections 2010 were made only such changes (amendments to the Electoral Code), which have left enduring legal framework for the system of rigged elections and the absolute dominance in the elections of only one candidate - the incumbent Mr. Lukashenko.

Thus, the seizure of state power, abuse of power and its retention in unconstitutional way still should be incriminated to Mr. Lukashenko. Since July 20th, 1999 Alexander Lukashenko is considered to be illegitimate president of Belarus.

1.2. Unlawful retention of power by illegitimate president Lukashenko is accompanied by methods of force and political repressions.

Mr. Lukashenko is suspected in involvement of political killings and disappearances in Belarus. In 1999-2000, his political opponents Yuriy Zakharenko, Victor Gonchar, Anatol Krasovski and Dmitriy Zavadski disappeared by force. In some documents of international organizations to these abductions, and perhaps, physical liquidation (executions without a trial) the involvement of Belarussian KGB (death squad) and higher officials of Belarus (V. Sheiman, J. Sivakov, Naumov, N. Vasilchenko, D. Pavlichenko, etc.) is documented.

The above actions for unlawful retention of power, are qualified according to the Part 3. of Article 357 of the Criminal Code (keeping state power by unconstitutional means, entailing the loss of life or associated with murder) and Article 128 of the Criminal Code (crimes against the security of mankind -the systematic abduction, followed by their disappearance, committed in connection with the political beliefs of the civilian population). According to the Article 128 there is no period of limitation for such crimes.

Mr. Lukashenko´s inaction and inability, as the head of state, to investigate the disappearances incur additional suspicions to his personal interest and, possibly, direct involvement in these disappearances.

In addition, in the Republic of Belarus in recent years a number of unjust (in the opinion of the public) criminal proceedings took place in the result of which the political opponents of Lukashenko, in particular Candidate for President of Aleksander Kozulin, were sentenced to various kinds of penalties, including imprisonment during the presidential elections of 2006.

Multiple belarussian citizens´ appeal to the prosecutor's office (in 2004, 2006 and subsequent years) with the demand to bring against Mr. Lukashenko criminal proceedings under the Article 128 of the Criminal Code were declined with no proper legal explanation.

Thus, Mr. Lukashenko who is holding state power illegally resorts to repressive measures against political opponents, and is suspected to be involved in violent disappearance of some of them.

1.3. Mr. Lukashenko and his subordinate officers are using illegal detention authorities to rigg the results of the elections in Belarus 2010.

After the last presidential election in 2006, Mr. Lukashenko, who illegally took up the post of President of the Republic of Belarus has repeatedly directly admitted that he had instructed to falsify the results of elections. Such statements of Mr. Lukashenko require thorough analysis and legal evaluation by the prosecution system of Belarus and international authorities, because they contain information about the crime.

In conclusion: All of the above suggests that Mr. Lukashenko who from July 20, 1999 is considered an illegitimate president of Belarus, usurp and retain power illegally, by lies, falsifications and repressions. The participation of Mr. Lukashenko in all previous presidential elections (except in 1994), and in the elections of 2010 is illegal.