the 13th "Concours international de plaidoiries" of Caen

(The following text is the defense plea submitted by Mr. Renaud Choinière, a barrister from Quebec.  Mr Choinière was awarded first prize) 

ME RENAUD CHOINIÈRE
AVOCAT – LAWYER
_______________________

PLEADING FOR THE LIBERATION OF DOCTOR YURI  I. BANDAZHEVSKY

SPEECH GIVEN ON JANUARY 27, 2002

PRESENTATION
                                                                          We will now hear a Canadian Lawyer, Mr. Renaud Choinière, from Quebec, who will plea for the liberation of Yuri Bandazhevsky. Yuri Bandazhevsky is a doctor, he was arrested after having conducted numerous researches regarding the 1986 Chernobyl Accident. I wish to remind you that one of the Plant’s nuclear reactor melted, propagating nuclear releases on thousand of kilometers around. I’m therefore calling to the bar Mr. Renaud Choinière, from Quebec.    

INTRODUCTION

 						Mrs. President, Mr. President, Ladies and Gentleman, we demand the liberation of Doctor Yuri Ivanovitch Bandazhevsky. Dr. Bandazhevsky is a Belarus Doctor currently imprisoned at the Penitentiary colony, section 21, of Minsk, Belarus. Belarus is in the middle of Europe, between Poland and Russia. It is located directly north of Chernobyl, receiving 75% of nuclear releases propagated during the 1986 Chernobyl accident. According to International Atomic Energy Agency, more than 200 000 people in Russia, Ukraine and Belarus, were compelled to leave their home following the catastrophe, becoming therefore Chernobyl Refugees. Dr. Bandazhevsky was the Rector of the Gomel Medical Institute from 1990 to 1999. That decade has seen the considerable work of science and medical research of Dr . Bandazhevsky and was heralded world-wide, namely by the European Parliament.  

POLITICAL PICTURE 

                          				Pr. Bandazhevsky objected  to the policy of the Belarussian Government, consisting in returning Chernobyl Refugees to their contaminated lands. Since 1994, Mr. Alexander Lukashenka has been holding office in Belarus and was re-elected  on September 9th, 2001.

                                           			In July 2001, an International Inquiry Board conducted by Human Rights activists has acknowledged that Mr. Lukashenka has gradually concentrated judicial, legislative and executive powers within his reach, on a background of free press silencing, censorship and detention of political opponents. In this special situation, Dr. Bandazhevsky has deplored the lack of financial resources spent on medical research to the benefit of Chernobyl Refugees. Also, he has blown the whistle and told Mr. Lukashenka : «  Don’t send the Chernobyl Refugees back to their contaminated lands «, given that homeland is infested  with radioactive releases and with the consequences of degrading public health. But Mr. Lukashenka refuses to listen and does not tolerate dissenting voices. In 1999, Pr. Bandazhevsky was removed from his key-position at the direction of the Gomel Medical Institute. 

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ARREST AND DETENTION IN 1999          

               					In the middle of the night of July 13th 1999, Dr. Bandazhevsky was arrested at his home by Policemen who invoked anti-terrorist measures adopted by Mr. Lukachenka. Pr. Bandazhevsky will be so detained up until December 27th 1999. Never his lawyer will be able to meet with him. The examining Magistracy will meet him only once. 

            						From July 13th to July 19th, 1999, the Vice Rector of the Gomel Medical Institute, Wladimir Ravkov, was also detained by Policemen who examined him 14 to 16 hours a day and threatened to harm his wife and his daughter. Moreover, Ravkov was administered psychotropic drugs which caused him severe disorientation. Under these conditions of torture, Ravkov stated that Pr. Bandazhevsky had received bribes amounting to 25,000 US$ from parents of students seeking admission at the Gomel Medical Institute. On July 5th 1999, Pr. Bandazhevsky was notified of this accusation extorted from Ravkov. Pr. Bandazhevsky was freed on December 27th 1999, waiting for his coming trial. He was strictly forbidden to leave Belarussian territory.  

						Year 2000 goes by without any trial, seasons turn, and Dr. Bandazhevsky is maintained in a state of uncertainty. Yet, the General Prosecutor for the Belarussian Government, Oleg Bozhenko, expressed doubts that any charge would be pressed in that case. On August 2000, coup de théâtre : Ravkov retracts himself. That is his first retraction. In an open letter sent to Mr. Lukachenka, Ravkov discloses the circumstances in which the charges against Dr. Bandazhevsky were extorted from him.  

						Nevertheless. Mr. Lukashenka maintains his intentionnal deaf and his own system of justice. 

2001 TRIAL

						From February to May 2001, Dr. Bandazhevsky’s trial was held before the Military Board of the Supreme Court of Belarus. Why a Military Board ? In order to deprive Dr. Bandazhevsky of his right to a judiciary appeal. But even within a Military Board, we will provide proof disclosing the appalling injustice caused to Dr. Bandazhevsky. Amnesty International and OSCE Lawyers attended Dr. Bandazhevsky’s trial and have noticed at least 8 infringements to the Belarussian Criminal code. The Belarussian constitutional law acknowledges International standards on its Territory. The international Covenant of Political and Civil rights is in force in Belarus. 

        						Obviously, the General Attorney brought up the statement of Ravkov to the Military Board. But this statement was never corroborated in any manner.  Not a single proof of the place of the crime. Not a single proof of the time of the crime. Not a single proof of the conditions in which the crime was committed. 

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						Also, the General Attorney brought forth the statement  of   another defendant in the case, Nina Chamichek. Nina Chamichek made her statement while she was promised court clemency and mild punishment. Nevertheless, she retracted her statement.

						Thus, the witnesses who accused Dr. Bandazhevsky have retracted their statements.  Admission  ! Admission is the queen of proof ! Therefore, Ravkov and Shamicheck retractions establish Dr. Bandazhevsky’s innocence. 

On May 25 2001, on the last day of Dr. Bandazhevsky’s trial, Ravkov sought Dr. Bandazhevsky’s forgiveness. We quote : «  I am sorry, I was forced to slander you ! «. On the same day, Dr. Bandazhevsky repeated the message that Mr. Lukashenka refuses to hear.  We quote : « I understand how radio nuclides impact human body. I want to state that the health of our citizens is on verge of a disaster « .               

						On July 18th 2001, the Military Board delivered decision. In its decision, the Military Board acknowledged Dr. Bandazhevsky scientific achievements. Also, it acknowledged his world-wide reputation with regard to scientific research relevant to nuclear impact on human health. Nevertheless, it condemns Dr. Bandazhevsky to serve of 8 years of imprisonment at the Penitentiary Colony where he is kept now. We assert that Dr. Bandazhevsky’s imprisonment is the direct result of Mr. Lukashenka undue influence over the Military Board and our assertion is corroborated : in a report dated January 2001, the United Nations Special Rapporteur asserts that the appointment of Lawyers and Judges in Belarus is subjected to the entire discretion of the President of Belarus.  Incidentally, the Supreme Court of Belarus has declared many time illegal the personal decrees of Mr. Lukashenka.             	                    

						Although we could argue over whether this Military Board had the right to judge Dr. Bandazhevsky, we wish to invoke a leading case with regard to this matter : The Nuremberg International Tribunal. This Tribunal was created while Normandy was freed. War Criminals prosecuted before and condemned by the Nuremberg Tribunal were granted a fair trial. If  those war criminals were granted a fair trial, Dr. Bandazhevsky should have been granted the same rights !   

CURRENT SITUATION

						Today, Dr. Bandazhevsky is kept along with 150 Common law inmates. He sleeps on a bunk in a dormitory built on a concrete floor. Rats run after bits of food all over the place. Recently, his wife met with him over three days. Visits are limited to three a year. She described a man subjected to a definite destruction : Dr. Bandazhevsky is sick. He suffers from stomach ulcers. Food is inadequate and health care is inexistant. Every hour, every minute, every second counts. Peril increases every day. 

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						We ask for direct intervention of countries who may go beyond Belarussian sovereignty. Those countries must tell Mr. Lukashenka : « Stop infringing Human Rights ! « . 

						In 1975, Andreï Sakharov was awarded the Nobel Peace Prize. Andreï Sakharov was exiled after having objected to Afghanistan invasion by the Red Army. In 1987, François Mitterand went to Moscow and urge the Soviet Government to release Andreï Sakharov, to bring him out of this absurd exile in Gorki. Andreï Sakharov was freed but died in 1989. The right to interfere is well-acknowledged and is partly based on that leading case. That case shows similarities with Dr. Bandazhevsky’s case because Andreï Sakharov was to USSR and the World what Dr. Bandazhevsky is to Belarus and the World : A scientist of exception and a man of courage.  

						Now, in 2002, Canada, France, the United Kingdom, Germany and Russia indeed, must demand Belarus to free Dr. Bandazhevsky. 

						Canada has a new Minister of Foreign Affairs, Mr. Bill Graham. Mr Graham. Lawyer, International Law Professor at the University of Toronto, President of the Committee for Foreign Affairs, Member of France’s Legion of Honour. He expressed his will to bring forward Canada’s own values in its Foreign Policy. Prime Minister Jean Chrétien will be in Moscow on Mid-February. He will meet with President Putin. On this special occasion, Canada and  Russia must demand to Belarus to free Dr. Bandazhevsky.                      

						France must repeat the example set by François Mitterand and demand to Belarus to free Dr. Bandazhevsky. Another International organisation can add its voice to that of the European Parliament, which keeps pressing on Belarus to free Dr. Bandazhevsky : the World Bank. The World Bank is larger and richer than many countries put together. The World bank intends to finance the implementation of 300M dollar program in Belarus in order to fight tuberculosis and AIDS.  Public Health problems caused by nuclear radiations are real and must be dealt with. Many people died : thyroid gland cancer, cardio-vascular diseases, digestive tract illnesses, etc..  

						Canada, France, the United Kingdom, Germany and Russia must speak in one voice and tell Mr. Lukashenko this : YOU ARE NOT ALONE  !  Belarus is bound by International standards with regard to Human rights ! Dr. Bandazhevsky was presumed innocent and  he is innocent ! Dr. Bandazhevsky had the right to a fair trial by an impartial tribunal ! The General Attorney of Belarus had the burden to prove Dr. Bandazhevsky’s guilt without any reasonable doubt ! He has never been relieved of  this burden. 

						YOU ARE NOT ALONE SIR ! Dr. Bandazhevsky has the right to oppose your views, for the benefit of the Chernobyl Refugees.  You create a refugee for illegality and arbitrariness in Europe. That is IN-TO-LE-RA-BLE.  We demand you to free Dr. Bandazhevsky immediately and unconditionally. Human rights defence by all these countries and organisations is imperative. It is the warranty of our own liberties.  Thank you.  

Renaud Choinière
Avocat - Lawyer