Council Common Position 2004/848/CFSP of 13 December 2004 amending Common Position 2004/661/CFSP concerning restrictive measures against certain officials of Belarus
Date: 2004-12-13
Institutions: Council of the European Union
Subjects: Belarus, EU relations, civil servant, election, electoral fraud, forced disappearance, free movement of persons, human rights, restriction of liberty

14.12.2004

EN

Official Journal of the European Union

L 367/35

COUNCIL COMMON POSITION 2004/848/CFSP

of 13 December 2004

amending Common Position 2004/661/CFSP concerning restrictive measures against certain officials
of Belarus

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

On 24 September 2004, the Council adopted Common
Position 2004/661/CFSP concerning restrictive measures
against certain officials of Belarus (1).

The International Election Observation Mission in Belarus
came to the conclusion that the parliamentary elections
and referendum in Belarus on 17 October 2004 fell
significantly short of Belarus' basic OSCE commitments.
the Belarusian authorities are
The EU considers that
directly responsible for the irregularities noted by the
observers.

The EU also notes that violent attacks were carried out
by Belarusian police and other security forces against
several opposition leaders and media representatives on
in
the occasion of peaceful political demonstrations
Minsk after the elections and the referendum.

Consequently,
the Council on 22 November 2004
decided to impose restrictions on admission against the
officials directly responsible for the fraudulent elections
and referendum and against those responsible for severe
human rights violations in the repression of peaceful
demonstrators.

In this context, the Council on the same date called upon
President Lukashenko and his Government
to reverse
their present policies and to embark on fundamental
democratic and economic reforms to bring the country
closer to European common values. The Council further
stated that
the EU remains open for dialogue with
Belarus on gradual development of bilateral relations, as

(1) OJ L 301, 28.9.2004, p. 67.

(6)

(7)

soon as the Belarus authorities demonstrate by concrete
actions a sincere willingness to re-engage. Further to this,
the Council reiterated its willingness to deepen its rela-
tionship with Belarus,
including within the European
Neighbourhood Policy (ENP), once the Belarusian autho-
rities clearly demonstrate their willingness to respect
democratic values and the rule of law.

The scope of
imposed by
the restrictive measures
Common Position 2004/661/CFSP should therefore be
expanded to persons who are directly responsible for
the fraudulent elections and referendum in Belarus on
17 October 2004 and those who are responsible for
severe human rights violations in the repression of
peaceful demonstrators in the aftermath of the elections
and referendum in Belarus.

the persons who are
The restrictive measures against
directly responsible for
the fraudulent elections and
referendum in Belarus on 17 October 2004 and those
who are responsible for severe human rights violations in
the repression of peaceful demonstrators in the aftermath
of the elections and referendum, should be reviewed in
the light of reforms made to the Electoral Code to bring
it in line with OSCE commitments and other interna-
tional
recom-
mended by the OSCE/ODIHR, and in light of concrete
actions by the authorities to respect human rights with
regard to peaceful demonstrations,

for democratic elections as

standards

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Position 2004/661/CFSP is hereby amended as
follows:

1. Article 1(1) shall be replaced by the following:

‘1. Member States shall take the necessary measures to
prevent the entry into, or transit through, their territories
of persons, who are responsible:

L 367/36

EN

Official Journal of the European Union

14.12.2004

— 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 disappearances of four well-known
persons in Belarus in 1999/2000 and the following
cover-up,
their apparent obstruction of
justice, as listed in Annex I;

in view of

— for the fraudulent elections and referendum in Belarus on
17 October 2004 and those who are responsible for
severe human rights violations in the repression of
peaceful
the
elections and referendum in Belarus, as listed in Annex
II.’.

demonstrators

aftermath

in the

of

3. The Annex shall be replaced by Annexes I and II as

contained in the Annex to this Common Position.

Article 2

This Common Position shall
adoption.

take effect on the date of

its

Article 3

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

2. Article 2 shall be replaced by the following:

‘Article 2

Done at Brussels, 13 December 2004.

The Council, acting upon a proposal by a Member State or
the Commission,
to the lists
contained in Annex I and Annex II as required by political
developments in Belarus.’

shall adopt modifications

For the Council
The President

B. R. BOT

14.12.2004

EN

Official Journal of the European Union

L 367/37

ANNEX

‘ANNEX I

List of persons referred to in Article 1, paragraph 1, first indent

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, Head of Presidential Administration 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.

ANNEX II

List of persons referred to in Article 1, paragraph 1, second indent

1. Lidia YERMOSHINA, Chairperson of the Central Election Commission
2. Yuri PODOBED, Commander Minsk OMON.’