By Terance Walsh
Impunity Watch Reporter, Europe
PARIS, France – A group of alleged victims from Belarus have filed a complaint in a Paris court against Belarusian Interior Minister Anatoly Kuleshov accusing him of torture. The victims claim that the torture took place just after Alyaksandr Lukashenka’s disputed reelection in 2010. The suit was filed on Wednesday, January 18. Kuleshov is currently attending an Interpol meeting in the French city of Lyon; his visit is scheduled to end on January 20.
Victims’ lawyer William Bourdon called the conduct of which Kuleshov, who is blacklisted in the European Union for his role in the government crackdown on political opposition, is accused of “torture and cruel and degrading treatment.” Bourdon has called for an immediate investigation into Kuleshov’s involvement in the alleged torture following the 2010 elections.
Following the December 2010 elections in Belarus, which Lukashenka won in dubious fashion, Belarus witnessed a rise of political opposition followed by a crackdown by Lukashenka’s regime. Nearly 50,000 Belarusians took to the streets after the election, in which each of Lukashenka’s opponents was awarded less than three percent of the vote. The complaint filed in France pinpoints Kuleshov as a key player in the orchestration of the torture of political opponents.
The complaint alleges “proof of the crimes under universal jurisdiction, giving the basis to legally pursue Lukashenko and his associates, particularly, for torture and hostage-taking.” French officials have received no reply from Kuleshov or any Belarusian authorities in response to the complaint.
Bourdon cites United Nations regulations as justification for the complaint, stating “[t]he United Nations Convention against Torture, adopted on December 10, 1984, the so-called New York convention, obliges the states which had ratified it, including France, to arrest persons suspected in torture, when they stay at hair territory. It is exactly the situation of the minister.”
The strength of the evidence, according to Bourdon, is strong enough to warrant legal action by France. The documentation “leaves no doubt that the Interior Minister is the main person responsible for organizing torture against opponents in Belarus.”
Bourdon took the case after British law firm McCue and Partners reached out to him about a possible case against Kuleshov. McCue and Partners is known for their work in human rights law and previously posted guidelines for Europeans to initiate prosecution against Lukashenka and his ministers.
Matthew Jury, a partner at McCue, said, “If Kuleshov is in France, under the Torture Convention, France should be obliged to take Kuleshov into custody for his part in the torture and hostage-taking of innocent Belarusians. It will only diminish France’s standing and moral authority if it fails to take action. If it does not, then we call on France’s civil society and legal community to take up the responsibility and to enforce the law.”
Pro-Belarusian liberty groups criticized the French government for allowing Kuleshov to freely enter French territory. Natalia Kaliada of Free Belarus Now said, “The French Republic is founded on the principles of Liberty, Equality, and Brotherhood; today those principles seem very far away. By inviting an agent of the Lukashenko regime, who personally orchestrated mass violent arrests of peaceful demonstrators, over its borders, France has betrayed all those fighting for democracy and human rights in Belarus. There are fifteen political prisoners who remain behind bars in my country in the heart of Europe. These men along with any others were arrested and tortured while in KGB custody in December last year. Today INTERPOL freely welcomes emissaries of Europe’s last dictatorship and condemns those who stood peacefully against them as criminals.”
Bourdon himself expressed regret for possible failure of the French court system in this case. “Struggle with impunity is a great problem for the international community. The Justice becomes global. Some countries do not obey it, so access to the French judicial system, considering that France had recognized the New York Convention, gives victims a means to get access to justice, and a hope that persons responsible for crimes would be brought to justice. It requires political will. Technical means should be used for capturing these suspects. I deeply regret about hesitation of Paris Court, which does not react in a speed required by the situation.”
According to the French embassy, the French visa had been issued to the Belarusian Minister, banned in the European Union, for legitimate reasons.
For more information please see:
Charter 97 — France Met Kolyashou With A Law Suit — 20 January 2012
Charter 97 —William Bourdon: Responsible For Torture Must Be Arrested — 20 January 2012
Naviny — French Court Asked To Order Arrest Of Belarus Minister — 20 January 2012
Expatica — French Torture Charge Against Belarus Minister: Lawyer — 19 January 2012
RFE/RL — French Torture Charge Against Belarus Minister — 19 January 2012
Telegraf — French Prosecutors Are Asked To Arrest Kuleshov — 19 January 2012
