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U.S. Congressman Pledges to Push for ICC Indictment of Belarusian President Lukashenka

RFE/RLRichard Solash

The chairman of the U.S. Helsinki Commission has pledged to call on the Obama administration to push for the indictment of hard-line Belarusian President Alyaksandr Lukashenka by the International Criminal Court (ICC).

While the chances of an indictment are unlikely, the pledge by Representative Chris Smith (Republican, New Jersey) was a clear sign that U.S. lawmakers have not forgotten the egregious human rights situation in the country ruled by the man some dub “Europe’s last dictator.”

At a Helsinki Commission hearing that focused on Minsk’s continuing crackdown on political opposition and civil society, Smith said he would send a letter to members of the Obama administration and the UN Security Council asking them to push for the indictment.

In an interview with RFE/RL, he later said, “When you commit atrocities for 17 years, as [Lukashenka] has done, the time has come.”

“[Although] Belarus is not a signatory to the ICC, to the Rome Statute — and nor are we, frankly — we’ve done this before, and we did it with [President Omar al-] Bashir in Sudan. It will take a lot of work, but we need to begin that effort now to get the [UN] Security Council to make a special referral to begin that process,” he said.

“I’m sure China and Russia will object, but that’s worth the fight, because this man commits atrocities on a daily basis against his own people,” Smith added.

The congressman made his pledge following the testimony of former Belarusian presidential candidate Ales Mikhalevich, who is in Washington for the first time since his release from a detention center in Minsk on February 19.

Mikhalevich was one of seven opposition candidates and more than 600 people arrested during the regime’s violent crackdown on protesters following Lukashenka’s disputed reelection in December 2010. The official reaction to demonstrations drew widespread international condemnation and a coordinated sanctions program by Brussels and Washington.

The financial and travel restrictions were accompanied by a boost in funding for the country’s beleaguered civil society, journalists, and activists.

As the one-year anniversary of the election approaches, watchdogs say the jailing and harassment of human rights defenders and protesters continues, while the independent media and judiciary face intense, often institutionalized, pressure.

Mikhalevich says he had to sign agreement on collaborating with the Belarusian state security forces, which are still called the KGB, in order to secure his release. He has since been granted political asylum in the Czech Republic.

Ahead of meetings with State Department officials and Washington-based NGOs, he told U.S. lawmakers that supporting Belarusian civil society — and not holding out hope that Lukashenka will reform — is the only way to effect change.

“I’m absolutely sure that Lukashenka is ready to defend his power by all possible means. Unfortunately, we can compare Lukashenka with [former Libyan leader Muammar] Qaddafi. So I urge the United States, the European Union, and the international community not to trust another game of liberalization badly played by the regime,” he said.

“Cooperate only with independent civil society in Belarus: nongovernmental organizations, both unregistered and registered, independent newspapers and media, and democratic activists.”

Analysts say Lukashenka has long employed the tactic of pledging to loosen to grip on the country in exchange for a reprieve from sanctions — a tactic that has worked in the past.

Observers say he has also sought to capitalize on rifts between the United States and the EU, as well as between neighboring Russia and the West, to inhibit united action against his regime.

After testifying, Mikhalevich told RFE/RL that he hoped the United States would more fully take on the role of “bad cop” if the EU, which borders Belarus and relies on it as a transit country for gas from Russia, hesitates to do so.

“I’m absolutely sure than in order to succeed, the international community should have both the good cop and bad cop. Someone should play the role of the bad cop, and unfortunately, the European Union would not play this role. So I hope that the United States will be ready to do it,” Mikhalevich said.

Mikhalevich also offered a harrowing account of what he called “constant mental and physical torture” during his two months in custody, including being “stripped naked and forced to assume various positions.”

“Our legs were pulled apart with ropes and we could feel our ligaments tear,” Mikhalevich said in his prepared remarks.

Smith appeared visibly moved by account.

“Rather than calling them the KGB, it ought to be called the KGB ‘P’ for ‘perverts.’ Masked men who strip other men naked, and women, presumably, as well — those are acts of perversion that should not go unnoticed by the international community,” said the Congressman.

In July, the U.S. House of Representatives approved a bill sponsored by Smith that would strengthen existing sanctions against Minsk. It is awaiting consideration in the Senate.

Smith told RFE/RL that Western attention on the situation in Belarus had been “obscured” to some extent by the events of the Arab Spring, and especially by the global economic downturn.

He said that pushing for ICC action would be a sign that human rights are not “taking a back seat.”

“I’ve been very much involved for years in the special [UN-backed] court that [U.S. prosecutor] David Crane oversaw for Sierra Leone, and what I learned from that, and from the Rwandan court, and of course from the Yugoslav court, which held [Slobodan] Milosevic and [Ratko] Mladic and [Radovan] Karadzic to account, is that these thugs are frightened by the fact that they may be held to account. And Lukashenka will fear it, I believe, if we make a very serious effort to hold him to account at the International Criminal Court,” said Smith.

Mikhalevich told RFE/RL that he thinks the chances of ICC action against Lukashenka are slim, but that the prospect of such a move could help pressure the regime to release its political prisoners.

“I think that definitely, it’s very difficult to organize any [such] political process unless thousands of people are being killed, but still, it’s necessary to do all attempts,” he said.

“And you never know how this regime will develop — and how many victims we will have next year.”

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