2004/661/CFSP: Council Common Position 2004/661/CFSP of 24 September 2004 concerning restrictive measures against certain officials of Belarus
Date: 2004-09-24
Institutions: Council of the European Union
Subjects: Belarus, EU relations, common foreign and security policy, forced disappearance, independence of the judiciary, restriction of liberty

28.9.2004

EN

Official Journal of the European Union

L 301/67

(Acts adopted under Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2004/661/CFSP

of 24 September 2004

concerning restrictive measures against certain officials of Belarus

THE COUNCIL OF THE EUROPEAN UNION,

(7)

Having regard to the Treaty on European Union, and in
particular Article 15 thereof,

Whereas:

The EU remains seriously concerned at the continuing
deterioration of democracy, the rule of law and human
rights in Belarus.

(8)

(1)

(2)

in the

form of

in view of

the Council,

the apparent
Consequently,
justice, has decided to implement
obstruction of
restrictions on
targeted sanctions
admission aimed at those individuals who are responsible
for, but
independent
investigation and prosecution of the alleged crimes and
at those who are considered by the Pourgourides Report
and the
to be key actors
subsequent cover-up. The EU reserves
to
consider additional restrictive measures at a later date.

in the disappearances

the initiation of

failed to start,

the right

taking into account

The EU will review its position in the light of future
developments,
the willingness of
the relevant Belarusian authorities to have the disap-
pearances fully and transparently investigated and those
responsible for the crimes brought to justice,

the EU reiterates its clear interest

Recalling the conclusions of the Council of 15 September
1997,
in Belarus's
political, social and economic progress towards a demo-
cratic state respecting the rule of law and human rights,
in order for the country to take its rightful place in
Europe.

(3) While reaffirming its interest in a constructive dialogue
with Belarus, the EU considers the fact that no inde-
the crimes
pendent,
full and credible investigation of
examined by
the
Council of Europe in its report adopted on 28 April
2004 (Pourgourides Report) has been carried out or
even started to date, to be another serious setback for
the rule of law in Belarus.

Parliamentary Assembly of

the

(4)

(5)

The government of Belarus has continuously ignored
calls by the EU, most recently in the latter's Declaration
of 14 May 2004, the Council of Europe and others to
open such an independent investigation.

the

Secretary of

The extensive and well-founded Pourgourides Report
clearly names the current Prosecutor-General of Belarus,
former
Security Council, Victor
Sheyman,
the Minister of Sports and Tourism of
Belarus, former Minister of the Interior, Yury Sivakov,
and Colonel Dmitri Pavlichenko of a special forces unit
of the Ministry of Internal Affairs of the Republic of
Belarus as key actors in the disappearances of
four
well-known persons in Belarus in 1999/2000 and the
subsequent obstruction of justice.

HAS ADOPTED THIS COMMON POSITION:

Article 1

shall

take the necessary measures

to
1. Member States
prevent the entry into, or transit through, their territories of
the persons listed in the Annex, who are responsible for, but
failed to start, the initiation of independent investigation and
prosecution of the alleged crimes and those who are considered
by the Pourgourides Report to be key actors in the disap-
in
pearances
1999/2000 and the following cover-up,
their
apparent obstruction of justice.

four well-known

in view of

in Belarus

persons

of

Paragraph 1 shall not oblige a Member State to refuse its

2.
own nationals entry into its territory.

3.
Paragraph 1 shall be without prejudice to the cases where
a Member State is bound by an obligation of international law,
namely:

(a) as a host country of an international

intergovernmental

organisation;

(6)

Those bearing the main responsibility for the disap-
pearances have gone unpunished.

(b) as a host country to an international conference convened

by, or under the auspices of, the United Nations; or

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Official Journal of the European Union

28.9.2004

(c) under a multilateral agreement conferring privileges and

immunities.

The Council shall be duly informed in each of these cases.

4.
Paragraph 3 shall be considered as applying also in cases
where a Member State is host country of the Organisation for
Security and Cooperation in Europe (OSCE).

5. Member States may grant exemptions from the measures
imposed in paragraph 1 where travel is justified on the grounds
of urgent humanitarian need, or on grounds of attending inter-
governmental meetings, including those promoted by the EU,
where a political dialogue is conducted that directly promotes
democracy, human rights and the rule of law in Belarus.

Article 2

The Council, acting upon a proposal by a Member State or the
Commission, shall adopt modifications to the list contained in
the Annex as required by political developments in Belarus.

Article 3

In order
measures,
restrictive measures
Common Position.

to maximise the impact of
the EU shall encourage third States

the abovementioned
to adopt
contained in this

similar

to those

Article 4

This Common Position shall apply for a 12-month period. It
shall be kept under constant review. It shall be renewed, or
amended as appropriate, if the Council deems that its objectives
have not been met.

Article 5

A Member State wishing to grant exemptions referred to
6.
in paragraph 5 shall notify the Council
in writing. The
exemption shall be deemed to be granted unless one or more
of the Council members raises an objection in writing within 48
the proposed exemption.
hours of receiving notification of
Should one or more of
raise an
the Council, acting by a qualified majority, may
objection,
decide to grant the proposed exemption.

the Council members

This Common Position shall
adoption.

take effect on the date of

its

Article 6

This Common Position shall be published in the Official Journal
of the European Union.

7.
In cases where, pursuant to paragraphs 3, 4, 5 and 6, a
Member State authorises the entry into, or transit through, its
territory of persons listed in the Annex, the authorisation shall
be limited to the purpose for which it is given and to the
persons concerned thereby.

For the Council
The President

L. J. BRINKHORST

Done at Brussels, 24 September 2004.

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Official Journal of the European Union

L 301/69

ANNEX

List of persons referred to in Article 1

1. SIVAKOV, YURY (YURIJ) Leonidovich, Minister of Tourism and Sports of Belarus, born on 5 August 1946, in Sakhalin

Region, former Russian Socialist Federative Soviet Republic.

2. SHEYMAN (SHEIMAN), VICTOR Vladimirovich, Prosecutor General of Belarus, born on 26 May 1958, in Grodno

region.

3. PAVLICHENKO (PAVLIUCHENKO), DMITRI (Dmitry) Valeriyevich, officer of the special forces of Belarus, born in

1966 in Vitebsk.

4. NAUMOV, VLADIMIR Vladimïrovich, Minister of the Interior, born in 1956.