Wladimir Tchertkoff

 

 

"ENFANTS DE TCHERNOBYL BELARUS"

20 rue Principale, 68480 Biederthal (France)

e‑mail : s.m.fernex@wanadoo.fr

 

Relegation and scientific research N° 6

  With total disregard for the law, the net tightens round Yuri Bandajevsky.

 February 2005

 


It is cold news : 26 °C below zero at night.  In his bedroom, the water freezes, the plastic bucket has burst.  The old Russian oven smokes but produces little heat.  4 days ago Youri panicked.  The administrative henchman arrived , reproaching him for living alone without any member of his family present.  These are the regulations  -  to be applied or not - at the discretion of the governor of the penal settlement.  Many other prisoners are living alone, as Youri has up to now, and have never been bothered.  The season permitting, they take the animals out to graze, carry out odd jobs and generally become part of the village.  This reprimand may well be the first sign of a decision to send him back to live inside the precincts of the settlement.

Galina asked her father to come and spend a week with him.  He arrived with the car full of logs and did what he could in this season to get the oven going but told Galina that the problem was elsewhere : the heat all rises and is dissipated. The roof is made just of boards, without isolation; you can hear the rats running around.  With all the wood that the father brought they are now heating night and day.

Next week Galina will come and stand in for her father.  And after that?  We'll see.  Volunteers will have to be found.  Galina believes that going back to the settlement would, in terms of health and hygiene, be catastrophic.  In Minsk, were he was treated from October to December, after a whole series of histological tests and biopsies, they diagnosed a focal metaplasia in the intestinal and stomach mucosa.  This is considered as a precancerous ailment.  According to medical statistics, it develops  rapidly into stomach cancer in the absence of appropriate treatment and follow up.   The illness requires a three monthly fibro gastroscopy, with biopsies of the mucosa and consultation with oncologists and gasterontologists.  Currently, Bandajevksy is following a treatment consisting of replacement ferments without which his food is neither digested nor absorbed.

On top of all this, Youri needs to undergo a thorough diagnosis in a specialised clinic with regard to the problem of his tendons and ligaments.   If he has to spend 2 years in the penal settlement, with 6 to 8 prisoners in a room, he is in danger of suffering permanent disability.

Youri has just been through a tough meeting with the director of the Kolkhoz, just back from vacation.  The man is scared and not at all happy to be have this sort of prisoner in his care.

Over the weekend, Galina wrote to Loukachenko and the Minister of the Interior requesting them to do something about the situation and intervene to put a stop to such  unlawful actions being carried out by their subordinates,  she drafted the reply to the UNO Human Rights Commission and sent an appeal to the western press.   Youri refuses to write anything – it just makes him laugh.    He now knows that he is going to have to stick it out another 2 years and he is trying to organise his defences.   He asked Galina for a number of books and journals dating back from when he used to teach so that, amongst other things, he can go over and polish up his lectures.  His morale, despite some ups and downs, is holding out.  But Galina insists on quoting to me in Russian the old Latin proverb: "gutta cavat lapidem non vi sed saepe cadendo"  (drop by drop the stone is hollowed out, not by the force of the fall but the frequency).  We've just got to go on she says.  I thanked her and said that that was what we have been doing for the last 5 years and we are not going to give up now.

The relegation settlement commission which was convened on orders from above on January 31  for the purpose of rejecting  parole for Bandajevsky, had in its report described the prisoner as frank and sincere and had judged that his behaviour indicated that he was on the path of rehabilitation.  These were the sufficient and necessary confitions, formally required by the law, in order for the plea for parole to be transmitted to the tribunal.  The refusal to transmit the plea was based on two arguments, both of which were illicit as they were outside the jurisdiction of the commission : the refusal to admit his own guilt and the non-reimbursement of the fine of 35 483 819 roubles.  These arguments could only be legitimately invoked by a tribunal; and even this is uncertain, as in principle, these are conditions of presidential pardon and not of parole which are automatic once  2/3rds of the sentence has been served.

On February 1st, the morning after the meeting, Kovtchour who is the director of the penitentiary system  in Belarus replied to Galina's letter of January 20th asking for parole to be granted.  His answer contradicts what is said in the  commission's minutes which were read and signed by Bandajevsky  "It has been decided not to forward the application for parole to the tribunal as the prisoner has not served a sufficient period in the penal settlement to be able to conclude that he has amended himself."   And in order to justify these words Kovtchour goes on with a wild assertion "On January 25th, 2005, (Bandajevsky) had in fact only served 4 months in relegation"  The truth is that Bandajevsky, who started his relegation on May 29th, 2004,  5 months later than he was legally entitled to, had spent 7 months at the Gusegaly settlement. Kovtchour had deducted the 3 months spent in hospitals at Minsk for tests and operations which had been at the specific request of the governor of the settlement.  This reduction of the time served is illegal as the laws do not take into consideration time required for medical treatment during relegation.  Furthermore, this argument makes the commission itself illegitimate as it was consequently convened before the prescribed date.  Kovtchour goes on with his justifications saying, "This decision, taken by the administration of the relegation settlement is both legal and justified" as if he was himself aware of its fragility (as there had been no previous challenge of the decision).  In all the prison administration has completely unlawfully diminished by 8 months the partial freedom (parole) which was  Bandajevsky's due.  They do not apply their own laws.  The Minister of the Interior should do something about it.

As for Bandajevsky's health, Kovtchour brushes it aside :  "In conformity with article 186 (Para 6) of the criminal sentencing code of the Belarus Republic, in cases of major health problems the obligation to serve the sentence may be waived.  However, the ailments mentioned in Bandajevsky's  medical record cannot be invoked to apply article 92 of the Belarus penal code".  Orders are orders.

However, Bandajevsky's health in fact remains worrying and requires appropriate treatment and careful monitoring.   On February 8th, Galina in her letter to Naumov, Minster of the Interior resumed the situation as follows:  "In December 2004, Youri Bandajevsky was operated on for a rupture of the tendon of the biceps of the left shoulder without it being possible to ascertain the cause of the deterioration of the ligaments.  Ligament lesion has also been observed in the tibio-tarsien joints.   This hinders walking and is painful.  The traumatologist considers that this condition could lead to atrophy and rupture of the tendons even as a result of minimal physical effort.  These pathologies in the organism are the result of a metabolic dysfunction.  In order to be properly treated and to afford genuine assistance to the patient it first necessary to determine the precise cause.   In the present circumstances, this option however, is not open to Bandajevsky.  It is only after a thorough examination that a medical commission could provide an opinion as to the seriousness of his condition".

1°)     In this situation it appears to us that it is the Minister of the Interior, Naumov who is the most appropriate target for action.  Hence, we suggest that people should inundate him with private letters  on the model of the one below (See: Letter to Naumov),  drafted by the co-signatory associations.  Other groups are welcome to join in.   The letter can be sent without including the logo of the groups …  print the text, fill it in with your own address, sign it and post it, that will suffice.

 2°)  At the same time, Galina has launched an appeal to the western media enclosing the letter that she sent to President Loukachenko.  Each of us should contact the newspapers / media which we read demanding for coverage for Bandajevsky and attaching "News from Relegation"  and details of the present campaign.  With a massive reaction on our part, they might stop being so deaf.

3°) It would be a good idea to re-contact the politicians who by raising questions in parliament and so on, are in a position to  bring the affair back into public attention.

  

Galina's Appeal

 On the same day, Galina launched an appeal to the media in the West to denounce the relentless harassment of her husband - recognised by Amnesty and a great number of other groups as a prisoner of conscience.  She has asked us to send her letter to President Loukachenko to the western media.

 I, the undersigned, Galina Bandajevskaya, turn to the western media requesting them to publish the letter that I have sent to the President of Belarus, Alexander Loukachenko.  It is only via the press that he has any chance of receiving this letter.  In the past, none of the letters which I sent were ever brought to his attention. The desperate situation to which my husband, Youri Bandajevsky, professor of medicine and all our family have been driven leaves me no other option than to appeal to you.  As I have lost all hope that justice will be done and of being able to defend my rights in my country, I ask you to  bring to the attention of the international community the arbitrary actions of which we are victims.

 Galina Bandajevskaya

February 8th, Minsk

 

Letter to Loukechnko

 Honoured Alexander Grigorievitch !

Over the last 5 years I have been sending personal appeals to you concerning my husband, Youri Ivanovitch Bandajevsky, in the hope of finding in the President of my country a defender of human rights.  However, Honoured Alexander Grigorievitch, your administration has never seen fit to allow me to state my case to you. I would like to believe that this letter will be read by you personally.

In a recent television broadcast you reproached your subordinates for using your name as a shield, to hide behind whenever decisions were to be taken.  It is for this reason that I have taken the decision to inform you how  human rights, guaranteed by the Belarus constitution and which, in your quality as President, you are the guarantor, are being infringed in the case of my husband Youri Bandajevsky.

Youri Ivanovitch Bandajevsky was arrested by the security police on July 13, 1999. He was retained in preventive detention for 30 days, under mandate of the Public Prosecutor and within the framework of the Belarus presidential Decree N°21, 21 October 1997: "Emergency measures to combat terrorism and other forms of violent and dangerous criminality."  I would like to insist on the fact that Bandajevsky's alleged offence, under article 430, chapter 2 of the penal code of the Belarus republic was:  "Passive corruption".  This offence is in no way related either to terrorism or other forms of violent and dangerous criminality.

To the best of my knowledge, 30 days' preventative detention under the Presidential Decree N°21, 21 October 1997, has hitherto  never been applied in cases of corruption.

The unlawful application of decree N° 21 to Y.I. Bandajevsky by those in charge of the enquiry intentionally deprived him of his right to be defended.  The special detention centre in Gomel where Bandajevsky was held in custody from July 13, 1999 to August 4 1999 is not equipped for retaining prisoners. The interrogation cell has no bed; he was obliged to sleep on the floor, visits from his family and his lawyer were totally forbidden.

Here is the latest example of the arbitrary actions taken against Bandajevsky.  On December 16, 2004, in reply to the Human Rights Commission in Geneva, the State asserted :   "According to article 90 of the Belarus penal code, as from January 6, 2005 the administration of the penal settlement is required to examine the possibility of forwarding to the Tribunal an application for  parole for Youri Bandajevksy.  The final decision concerning parole is the responsibility of the tribunal".

The commission of the Relegation Settlement N° 26 was convened on January 31 2005 to examine the possibility of granting parole to the detainee.  "It has been decided to refuse to forward this application for parole to the tribunal as the prisoner has not spent sufficient time in relegation for a reform to be applicable, (On January 30 he had in fact served no more than 4 months in the relegation settlement and he has not shown the slightest intention of repaying the 35 483 819 roubles damages due.)

The commission clearly justified it refusal to forward the application for parole primarily by the fact that the prisoner had not served his entire sentence as on January 31, 2005; he had spent only 4 months in relegation instead of 7.  It is in fact true that the prisoner Bandajevsky had resided outside the settlement for a period of 3 months.  However, it was with the assent and under the permanent control of the governor of the settlement, V.V. Koliada,  as Bandajevsky was obliged to undergo a surgical operation followed by treatment at Minsk here his family has its residence.    The conclusion drawn by the commission from this is that the prisoner has not satisfactorily demonstrated that he has been rehabilitated in the conditions of relegation.  This refusal is not only in contradiction with the laws of the constitution and the civil code of the Belarus Republic, but also in contradiction to the most basic notions of humanity.

Article 90 of the Belarus civil code states: "after the prisoner has effectively served 2/3rds of his sentence, the relegation settlement may apply to the Tribunal for an alleviation of the sentence".  If the relegation settlement N° 26 considered that Bandajevsky had not in fact served his required sentences, there was no call for it to convene the commission.  This means that the commission had knowingly been convened prematurely in violation of article 90 of the code with the sole aim of justifying its rejection of the application.

If one consults the Penal Code, it can be clearly seen that the commission's argument is fallacious, as the time spent by the prisoner outside the relegation settlement for hospital treatment us considered as part of the sentence.

A report, which had been read by the prisoner Bandajevsky, was presented by the relegation settlement  to the commission.  This reports states that Bandajevsky is progressing along the right lines to rehabilitation and that he demonstrates great sincerity.  Where then, does the truth lie?  The relegation settlement authorities justify their actions by your answer to the appeal for pardon made by the prisoner Bandajevsky.  For what reason is it that it is not the Tribunal that makes the final decision?  All should be equal in law.  Article 90 of the civil code of the Belarusian republic has been applied to many  prisoners, including V.V. Ravkov, sentenced in the same affair as Bandajevsky.  In Ravkov's case the law was strictly applied.  In the Bandajevksy case however, everyone defers to the President.

Honoured Alexander Grigorievitch, as guarantor of the constitution, President of our country and responsible for ensuring the application of law I entreat you to grant parole, in accordance with justice, to my husband Y. Bandajevsky and when the moment comes to decide on his fate, I beg you to bear in mind his serious state of health (Two operations in 2003 and 2004, a stomach ulcer, chronic atrophic gastritis, with metaplasia of the stomach mucosa).

 

Galina Bandajevskaya

08.02.2005

 

All those who support Bandajevsky agree on one point : Youri Bandajevsky was illegitimately and illegally incarcerated because of the nature of his scientific research.  The trial, with its accompanying irregularities, has resulted in his exclusion from the scientific community by casting suspicion on the man and by destroying the major part of his data.   It is because of this that we must do all that we can to help him be reintegrated into the scientific community and specifically ensure that he has total freedom of movement when relegation is over. Only a joint effort by scientists at an international level, combined with the help of political figures and citizens can make this possible.

  

NB.   An earlier letter to the Minister Naumov was sent to a certain number of our correspondents.  This letter was subsequently modified as a result of the latest news.