Human Rights in Belarus - Government-sponsored Hostage-taking

Government-sponsored Hostage-taking

One of the more notable examples of the Belarusian government's violation of human rights and international norms was the abduction, unlawful detainment and torture of American attorney Emanuel Zeltser and his assistant, Vladlena Funk. On 11 March 2008, Zeltser and Funk were abducted in London by Belarusian KGB agents. Both were drugged and flown to Belarus on a private jet belonging to Boris Berezovsky, a Russian oligarch and friend of Lukashenko who was wanted by Interpol for fraud, money-laundering, participation in organized crime and international financial crimes. After landing in Minsk Zeltser and Funk were detained by Lukashenko's guard, according to the U.S. State Department. They were transported to “Amerikanka” (the Stalin-era Belarusian KGB detention facility), where they were tortured, denied medication and told they would remain imprisoned indefinitely unless the U.S. lifted sanctions against Lukashenko. Zeltser and Funk were held hostage for 473 days and 373 days, respectively. Their seizure, torture and detention sparked international outrage and significant press coverage (apparently unexpected by Belarusian authorities).

The U.S. Department of State and members of the U.S. Congress repeatedly demanded the release of the hostages. World leaders, the European Parliament and international human-rights organizations joined the U.S. call for the immediate release of Funk and Zeltser. Amnesty International issued emergency alerts on the “torture and other ill-treatment” of Zeltser. Ihar Rynkevich, a Belarusian legal expert and Press Secretary of the Belarus Helsinki Commission, said in an interview: "This is yet another shameful case for the Belarusian judiciary for which more than one generation of Belarusian legal experts will blush". A strongly worded letter from the New York City Bar Association to Lukashenko condemned KGB abuse of Zeltser and Funk and demanding their immediate release. The bar-association letter expressed “great concerned (sic) about the arrests and detention of Mr Zeltser and Ms Funk and the reports of physical mistreatment of Mr Zeltser” and stated that this was inconsistent with Belarus' obligations under international agreements, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture and Other Inhuman or Degrading Treatment or Punishment (CAT). The letter also noted that the charges the KGB brought against Zeltser and Funk "appears to have no basis to it", lacks "any explanation or detail" and "concerns have thus been reported that this is a fabricated charge, created to justify their unlawful detention”.

Neither Funk nor Zeltser had been lawfully "arrested", "charged", "indicted", "tried" or "convicted" under Belarusian or international law. They were unlawfully seized and held hostage, in violation of international law and Belarusian law. During their detention Funk and Zeltser were subjected to torture and cruel, inhuman or undignified treatment, in violation of Article 25 of the Belarus Constitution; U.S. law and international treaties, including the International Convention Against the Taking of Hostages (the Hostage Convention); the United Nations Convention Against Torture; the International Covenant on Civil and Political Rights (ICCPR); the United Nations Convention Against Torture (the Torture Convention); and the International Covenant on Civil and Political Rights (ICCPR). Zeltser's and Funk's abduction, detention and mistreatment in KGB captivity was an attempt to coerce the United States to lift sanctions against Lukashenko (and other members of the Belarusian government) and against the Belarusian petrochemical company Belneftekhim (which they owned). Belarus's actions were gross violations of the law of nations and universally accepted norms of the international law of human rights, including laws prohibiting hostage-taking and state-sponsored terrorism.

Yielding to the demands of the international community, Lukashenko released Funk on 20 March 2009 and Zeltser on 30 June (when a delegation from the U.S. Congress traveled to Belarus to meet with Lukashenko regarding the hostage crisis). U.S. chargé d'affaires in Belarus Jonathan Moore commented after their release: “At no time have the Belarusian authorities ever provided any indication that the charges against Mr Zeltser and Ms Funk were legitimate. As a result, I can only conclude that the charges in this case are thoroughly without merit; and are the result of extra-legal motivation".

Although the U.S. Department of State repeatedly said that it does not use its citizens as “bargaining chips”, many in Belarus still believe that the U.S. made a deal with Lukashenko (inducing him to release the hostages in exchange for IMF credits to Belarus). Appearing on Russian TV network NTV, Anatoly Lebedko (Chairman of the Belarusian United Popular Party) said: “Washington was forced to pay ransom for its citizen (sic) by providing Lukashenko the IMF credits, pure and simple; in essence, this is hostage-taking, the practice, which is wide-spread in Belarus elevated to international level, where Lukashenko is not only sending a political message but demands monetary compensation for human freedom”.

Read more about this topic:  Human Rights In Belarus