Belarus: Former presidential candidate jailed

Andrei Sannikov Leading Belarusian opposition politician Andrei Sannikov has been sentenced to five years hard labour for “organising mass disturbance”. Sannikov, the leader of European Belarus, was detained after protests against the disputed re-election of Alexander Lukashenko on 19 December last year. The trial of Sannikov’s wife Irina Khalip, a journalist with Russian newspaper Novaya Gazeta, began last week.

The 57-year-old former diplomat was reported to have said “take care of my family” as he was led from the court. Attempts have been made to take Sannikov and Khalip’s young son, Danil, into state custody.

In an earlier statement in court, Sannikov claimed he had been tortured while held in the Belarusian KGB’s notorious “Amerikanka” detention centre.

Four other opposition activists were sentenced today for taking part in “mass disturbances”: Oleg Gnedchik was sentenced to three-and-a-half years, while Fedor Mirzayanav, Vladimir Yaromenak and Ilya Vaselevich each received sentences of three years.

Mike Harris, Public Affairs Manager of Index on Censorship said: “The imprisonment and torture of presidential candidate Andrei Sannikov is Europe’s shame. Belarus is degenerating to its Soviet past, Sannikov was jailed simply for attending an opposition rally. His wife is also on trial for attending this protest and the government attempted to take his three- year-old son into care.”

He added: “Europe must use all tools at its disposal including stopping Western banks and the IMF financing the regime. Putting presidential candidates in jail in Europe in 2011 is not acceptable.”

In his final speech before the verdict former presidential candidate Andrei Sannikov said: “I love my family more than life. I love Belarus. I love freedom very much. I know that my family and all the people of Belarus will be happy when we become free, but this is impossible without law and order.”

Read Andrei Sannikov’s full statement to the court here.

Belarus: Protesters sentenced to three years labour in penal colony

Six people convicted of taking part in a political rally protesting the reelection of President Alexander Lukashenko were sentenced today. Vladimir Loban, Evgueniy Sekret and Serguey Kazakov were sentenced to three years in a labour camp and Andrey Fedarkevich, Dmitry Doronin and Vitaly Matsukevich were sentenced to three and a half years.

 

Death on film

After an inquest finding that Ian Tomlinson was unlawfully killed, solicitors Sarah McSherry and Louise Christian examine the barriers to justice in cases involving the police

In circumstances where a man’s assault and death were played out on our television sets, the obstacles faced by the Tomlinson family in their battle for justice undermine public confidence in the system intended to hold police officers to account. Had Tomlinson’s assault been carried out by an ordinary member of the public, there is no doubt that the police would have acted within the six-month statutory time limit for common assault and pursued a manslaughter charge in the knowledge that any conflict in the expert evidence obtained by the investigation would be tested in court. A verdict would then have been reached by a jury, which would have considered the credibility of the experts’ explanations, bearing in mind the professional reputations of the experts. This is exactly what happened at the inquest, where the standard of proof for an unlawful killing verdict was the same as in the criminal court.

This case highlights a number of the failures that are unfortunately so common in the context of our work. These include: failures to adequately supervise and manage officers and to conduct adequate, effective and independent complaint investigations that give rise to disciplinary proceedings, as well as failures to bring about prosecutions and/or appropriate penalties and/or to change police policy or practice to prevent a recurrence of the conduct investigated. These failures foster a culture of impunity amongst officers and allow culpable officers to remain in a position to inflict further harm on unsuspecting members of the public. The Crown Prosecution Service will now review its decision with regard to a potential prosecution of the officer involved, PC Harwood; MPs are considering disciplinary proceedings. But what of those who, in breach of their code of professional standards, witnessed but failed to report Harwood’s conduct? Disciplinary action should be instigated against those officers too, given that had the video footage of his last moments not been released, the cause of Tomlinson’s death may have never come to light.

Finally, this case gives rise to serious questions about the use of kettling as a “containment” tactic. Indeed, last month the High Court ruled that the Metropolitan Police broke the law when they kettled protesters at the G20 demonstrations in 2009, during which Ian Tomlinson died. It is clear that the use of kettles enforced by aggressive policing places members of the public at risk of significant harm. We represent Alfie Meadows, who suffered brain injury as the result of a baton strike to the head by a police officer during the 9 December 2010 protest about tuition fees. Luckily for Alfie, he is able to pursue his own quest for justice. Tomlinson was not so fortunate and his family have been forced to take up that struggle on his behalf. Let’s hope their campaign is nearing its rightful conclusion.

Sarah McSherry is equity partner, head of actions against the police, Christian Khan Solicitors and Louise Christian is head of public law, Christian Khan Solicitors

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