Committee on Human Rights of Scientists of the New York Academy of Sciences

Human Rights

May 2, 2006

President Aleksandr Lukashenko
K. Mark Street, 38
Minsk, Belarus 220016

Dear Mr. President:

The Human Rights Committee of the New York Academy of Sciences is writing to express grave concern about the detention of opposition leader Aleksandr Milinkevich, a physicist and a former professor at the Hrodna State University.

His arrest occurred one day after he participated in a march to protest the government's handling of Chernobyl, the world's worst nuclear accident. On April 27, 2006 Milinkevich was detained by riot police and transported to a police station. A few hours later he was sentenced to fifteen days of imprisonment on charges of organizing an unsanctioned protest rally.

Belarus has undertaken commitments to uphold international standards of freedom of expression and assembly as a signatory to agreements such as the International Convention on Civil and Political Rights. These freedoms are fundamental to a democratic society. We call on you and your government to ensure that all Belarusian citizens be allowed to express their views without fear of reprisals or persecution.

We respectfully await your response to this matter of great importance to our committee and to the international scientific community.

Sincerely,

Eugene Chudnovsky
Chairman, Committee on Human Rights of Scientists

March 15, 2005

Dear Mr. Birman:

Your appeal has been considered by the Ministry of Justice.

We would like to inform you that Bandazhevskii, Yuri Ivanovich, born in 1957, former Rector of Gomel State Medical Institute, was convicted for conspiring with other people in taking large bribes. (Part 2, Section 430 of Criminal Code of Belarus). His guilt has been proven by testimonies of witnesses and victims.

The Court sentenced Bandazhevskii to 8 years in prison with confiscation of all his property and prohibition to occupy any administrative positions for 5 years upon his release. He was fined in the amount of 35,483,819 roubles.

When establishing the punishment, the Supreme Court of Belarus took into account positive characteristics of Bandazhevskii at his workplace, his contributions to medical science, his health, and the fact that he had two children. At the same time, the Court determined that the crime committed by Bandazhevskii presented danger to the society and was, therefore, severe.

We would like to draw your attention to the fact that the Constitution of Belarus Republic has established independence of judges and it subordinates them only to the law. Any interference into the work of judges is prohibited and can be punished by the law. The Ministry of Justice, thus, cannot interfere into the work of the court system of the Republic of Belarus.

Based upon the 2002 and 2004 Amnesty Laws of the Republic of Belarus, the sentence given to Bandazhevskii has been cut by 2 years. In accordance with the Article 90 of the Criminal Code of Belarus Republic a convict can be released on parole for good behavior before the expiration of the sentence. The criteria are defined in the Article 116 of the Criminal Code.

The first possibility of the parole for Yu.I. Bandazhevsky came on January 6th, 2005. On January 31st, the administration of the Correction Facility No. 26 denied Bandazhevskii's request for parole. The reason was that during his term in prison he has not demonstrated the behavior compatible with the criterion calling for "proof of correction". The possibility of his parole will be reconsidered in 6 months.

Victor Golovanov
Minister of Justice of the Republic of Belarus

May 14, 2005

Dear Colleagues,

I would like to give you some recent news about Professor Yuri Bandazhevsky, former vice-chancellor of the Gomel Medical Institute (Belarus), who was supported by many Human Rights Organizations.

To allow Professor Yuri Bandazhevsky to pursue his scientific research as soon as he will be released, the French Non-Governemental Organisation CRIIRAD and Professor Bandazhevsky have decided to construct together a biomedical research laboratory at Minsk in Belarus (The CRIIRAD-Bandazhevsky Laboratory). To this aim, CRIIRAD launches an International Call. You will find the details of this Call in the file attached to this message.

To the best of our knowledge, it is the first time that a citizen NGO collaborates with a scientist, unfairly condemned, in order to rebuild with him the lost research tools. We believe that such a news can bring some hope to other scientists having to face similar problems or persecutions.

Of course, I will remain at your disposal for further information.

Sincerely yours,
Dr. Martial Mazars

June 7, 2005

Victor Golovanov
Minister of Justice
Respublika Belarus
220084 g. Minsk
ul. Kollektornaya, 10
Ministerstvo yustitsii Respubliki
Belarus
Ministru GOLOVANOVU V.

Dear Mr. Golovanov:

Thank you for kindly explaining to us the situation of Dr. Bandazhevskii and for giving us the good news about his eligibility for parole. We urge you and the administration of the Correction Facility No. 26 to close this matter by granting parole to Dr. Bandazhevskii. We hope that when reconsidering his parole the administration will take into account Dr. Bandazhevskii's contributions to the medical science, the state of his health, and the fact that he has two children.

Sincerely Yours,

Joseph L. Birman
Chairman, Committee on Human Rights of Scientists

February 16, 2005

Minister of Justice of the Republic of Belarus
Viktor G. GOLOVANOV
Respublika Belarus
220084 g. Minsk
ul. Koliektornaya, 10
Ministerstvo yustisii Respublika Belarus

Dear Minister:

I am writing to you again as the chairman of the New York Academy of Sciences' Committee on Human Rights to express our deep concern at the continuing mental and physical ill-health of Professor Yuri Bandazhevsky, detained at UZ 15/1.

Professor Bandazhevsky was hospitalized in late October 2004 with serious problems with his stomach (diagnosed as pre-cancerous), kidneys, and pancreas.� He was subsequently moved to a different hospital in order to attend to a severe muscle condition and underwent an operation on his arm on November 17, 2004.� Bandazhevsky reportedly suffers from atrophy in his arms and legs and has tendon problems.� He has a history of ill health and it is feared that the continued stress of his current situation will cause his condition to further deteriorate.

We have been informed that the commissioner of the labor colony settlement where Bandazhevsky is held refused to grant him an early conditional release.� He had served two-thirds of his prison term, which made him eligible for such a release.�

We are appealing to you to release Professor Bandazhevsky on humanitarian grounds, so that he can recover his health.

I respectfully await your response to this matter of great importance to our committee and to the international scientific community.

Founded in 1817, the New York Academy of Sciences is an independent, non-profit organization of more than 23,000 members serving science, technology, and society worldwide.

Sincerely,

Joseph L. Birman, Chairman, Committee on Human Rights of Scientists

26 January 2004

Dear Mr. Birman:

Your letter has been considered by the Ministry of Justice. We inform you that Bandazhevskii Yurii Ivanovich, born in 1957, former Rector of Gomel Medical School, has been found guilty of accepting large-scale bribes by the Republic Supreme Court. He has been sentenced to eight years of prison, the confiscation of all his property and prohibition from administrative work for 5 years upon his release.

Together with Mr. Bandazhevskii, Mr. Ravkov B.N., the provost of the Medical School, Mr. Fomchenko H.E., professor, Mr. Shamychek N.I., teacher of the High School No. 36, Ms. Goncharova L.C., teacher of the High School No. 12, and other Gomel citizens have been sentenced for the same crime.

The Supreme Court has established that Bandazhevskii, together with other officials of the Medical School and local teachers, was accepting large bribes for falsifying the results of the entrance exams.

The Court took in the consideration the contributions of Dr. Bandazhevskii to the education in the Republic and softened the sentence. The prison term has started on June 18th, 2001.

Any interference in the action of independent judges is a crime in the Republic of Belarus.

Mr. Bandazhevskii is currently serving his sentence in the prison of Minsk. His health is constantly monitored by prison doctors. He is given a special room for science research and a personal computer. He is also subscribed to science and other journals.

A. L. Alenin
Head of External Affairs
Ministry of Justice
Belarus Republic

January 8, 2004

Minister of Justice of the Republic of Belarus
Viktor G. GOLOVANOV
Respublika Belarus
220084 g. Minsk
ul. Koliektornaya, 10
Ministerstvo yustisii Respublika Belarus

Dear Minister:

We are urging the authorities once again to provide him with appropriate medical care in accordance with provisions contained in international standards.

The international scientific community considers Professor Bandazhevsky to be a prisoner of conscience and we are urging you to release him immediately and unconditionally.

I respectfully await your response to this matter of great importance to our committee and to the international scientific community.

Founded in 1817, the New York Academy of Sciences is an independent, non-profit organization of more than 23,000 members serving science, technology, and society worldwide.

Sincerely,

Joseph L. Birman, Chairman, Committee on Human Rights of Scientists

October 4, 2002

Mikhail Khvostov
Respublika Belarus
220030 g. Minsk
Ul. Lenina, 19
Ministerstvo inostrannykkh del Respubliki Belarus
Ministru Khostovu M.

Dear Minister:

I am writing as the chairman of the New York Academy of Sciences' Committee on Human Rights to express our concern about the deterioration in health of Professor Yury Bandazhevsky (detained at UZ15/1), who seems to be suffering from severe depression.

We are urging the authorities to provide him with appropriate medical care in accordance with articles 22 (1) and 22 (2) of the UN Standard Minimum Rules for the Treatment of Prisoners which state: �At every institution there shall be available the services of at least one qualified medical officer who should have some knowledge of psychiatry. The medical services should be organized in close relationship to the general health administration of the community or nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality. Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civic hospital.'

I respectfully await your response to this matter of great importance to our committee and to the international scientific community.

The New York Academy of Sciences is an independent, nonprofit, global membership organization committed to advancing science, technology, and society worldwide. Established in 1817, the Academy is the oldest scientific organization in New York, and the third oldest in the nation. It is an international organization with nearly 30,000 members in more than 150 countries.

Sincerely,

Joseph L. Birman, Chairman, Committee on Human Rights of Scientists

August 30, 2001

His Excellency Vladimir V. Yermoshin
Prime Minister of the Republic of Belarus
Respublika Belarus
220010 g. Minsk
Dom pravitelstva
Ul. Internatisionalnaya
Sovet Ministrov Respubliki
Belarus

Dear Mr. Prime Minister:

I am writing again to express the deep concern of the New York Academy of Sciences' Committee on Human Rights of Scientists regarding the sentence of Dr. Yury Bandazhevsky by a military court in Gomel to eight years in prison and stripping him of his military rank on charges of taking bribes from his students. Dr. Bandazhevsky's property was seized and he was prohibited from assuming any managerial and political functions for the first five years after his arrest.

The trial of Dr. Bandazhevsky fell short of international standards of jurisprudence and the evidence presented by the prosecution was dubious. As you know, the co-defendant who had initially leveled this accusation soon retracted it both during further police questioning and during the trial, as well as in an open letter to you, explaining that police investigators had elicited it under duress. Yet the court rejected his retraction and entered his original accusatory statement as evidence. In addition, the testimony of a former colleague who actually admitted to accepting bribes from prospective students was accepted as evidence against Professor Bandazhevsky on her unsubstantiated claim that she took them on his behalf.

It appears that Dr. Bandazhevsky is being targeted because of his criticism of the government's health policies.

We are urging you to review the case and grant a pardon to Dr. Yuri Bandazhevsky. Thank you for your urgent attention to this matter of great importance to the international scientific community.

Sincerely,

Joseph L. Birman
Chairman, Committee on Human Rights of Scientists

October 18, 2000

His Excellency Aleksandr Lukashenko
President of the Republic of Belarus
220010 Minsk, Minsk oblast
BELARUS

Dear Mr. President:

I am writing again to express concern of the New York Academy of Sciences' Committee of Human Rights of Scientists, regarding the situation of our colleague and member of our Academy. Yuri I. Bondazhevski, former rector and founder of the Gomel Medical Institute.

Dr. Bondazhevski was charged in August 1999 with taking bribes from students seeking admission to this research institute. A colleague of Dr. Bondazhevski, who initially made the allegations of bribery against Bondazhevski, subsequently withdrew the statement.

We appreciate the fact that Dr. Bondazhevski was recently allowed to return to Gomel and is currently awaiting the investigation of his case.

We respectfully request that one independent and impartial investigation be conducted in an expeditious manner and that if evidence does not exist to support the charges of bribery, that all charges against Yuri I. Bondazhevski be dropped.

Thank you for your attention to this matter, of importance to our committee and to the international scientific community.

I respectfully await your response.

Sincerely,

Joseph L. Birman
Chairman, Committee on Human Rights of Scientists

September 8, 1999

Yuri Sivakow
Respublika Belarus, G. Minsk, Ul. Urystskaha, 5
Ministerstvo vrutrennikh del Respubliki Belarus, Ministru Sivakowu
Republic of Belarus

Dear Minister:

I am writing to express the concern of the New York Academy of Sciences' Committee on Human Rights of Scientists regarding the situation of our colleague and a member of our Academy, Yuri I. Bondazevsky, Rector of the Gomel Medical Institute in Belarus.

We were informed that Dr. Bondazevski was arrested on June 13, 1999, and was later charged with accepting bribes on multiple occasions. Dr. Bondazevski denies the charges, and his family believes that the witness testimony against him was fabricated. They also fear for his health. We appeal to you on humanitarian grounds to allow Dr. Bondazevski to be held under house arrest until the end of the investigation. In the meantime, we hope that Dr. Bondazevski will have access to his lawyer.

Thank you for your attention to this matter, and I respectfully await your response to this urgent matter of importance to our committee and to the international scientific community.

I respectfully await your response.

Sincerely,

Joseph L. Birman
Chairman, Committee on Human Rights of Scientists