Council Common Position 2006/276/CFSP of  10 April 2006  concerning restrictive measures against certain officials of Belarus and repealing Common Position 2004/661/CFSP
Date: 2006-04-10
Institutions: Council of the European Union
Subjects: Belarus, EU relations, civil servant, electoral fraud, forced disappearance, free movement of persons, human rights, independence of the judiciary, restriction of liberty

11.4.2006

EN

Official Journal of the European Union

L 101/5

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

COUNCIL COMMON POSITION 2006/276/CFSP

of 10 April 2006

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

THE COUNCIL OF THE EUROPEAN UNION,

commitments to democratic elections and considers that
the presidential elections were fundamentally flawed.

(4)

(5)

(6)

(7)

(8)

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

Whereas:

(1)

(2)

(3)

On 24 September 2004, the Council adopted Common
Position 2004/661/CFSP concerning restrictive measures
against certain officials of Belarus (1) regarding certain
officials of Belarus 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
four well-known persons in
in the disappearances of
Belarus in 1999/2000 and the following cover-up,
in
view of their apparent obstruction of justice.

On 13 December 2004, the Council adopted Common
Position 2004/848/CFSP amending Common Position
2004/661/CFSP (2) in order to expand the scope of the
restrictive measures to persons 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.

On 23 March 2006, the European Council condemned
the action taken on that day by the Belarus authorities in
their
arresting
demonstrators
peaceful
legitimate right of
the
free assembly to protest at
conduct of the presidential elections held in Belarus on
19 March 2006. The European Council deplored the
to meet OSCE
failure of

the Belarusian authorities

exercising

(1) OJ L 301, 28.9.2004, p. 67. Common Position as last amended by
Common Position 2005/666/CFSP (OJ L 247, 23.9.2005, p. 40).

(2) OJ L 367, 14.12.2004, p. 35.

The European Council consequently decided that EU
should
those
restrictive measures
responsible for the violations of international electoral
standards, including President Lukashenko.

against

adopt

Restrictive measures should also be adopted against the
Belarusian leadership and officials responsible for the
violations of
international electoral standards and the
crackdown on civil society and democratic opposition.

The restrictive measures imposed by Common Position
2004/661/CFSP and the additional restrictive measures
instrument.
should
Common Position 2004/661/CFSP should therefore be
repealed.

consolidated

single

be

in

a

As regards the measures referred to in recital (1), the EU
future devel-
will review its position in the light of
the
taking into account
opments,
relevant Belarusian authorities to have the disappearances
fully and transparently investigated and those responsible
for the crimes brought to justice.

the willingness of

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 into line with OSCE commitments and other interna-
tional
recom-
mended by the OSCE/ODIHR, and in the light of
concrete actions by the authorities to respect human
rights with regard to peaceful demonstrations.

for democratic elections as

standards

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(9)

the persons who are
The restrictive measures against
responsible for the violations of international electoral
standards during the 19 March 2006 elections and for
the crackdown on civil society in the context of these
elections, should be reviewed with a view to the speedy
release and rehabilitation of all political detainees, and in
the light of reforms made to the Electoral Code to bring
it into line with OSCE commitments and other interna-
recom-
tional
future
mended by the OSCE/ODIHR,
elections and concrete actions by the authorities to
law, human
respect democratic values,
including
rights
the
fundamental
freedom of expression and of
the media, and the
freedom of assembly and political association,

for democratic elections as

the rule of
freedoms,

the conduct of

standards

and

(i) as a host country of an international

intergovernmental

organisation;

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

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

(iii) under a multilateral agreement conferring privileges and

immunities; or

HAS ADOPTED THIS COMMON POSITION:

(iv) under

the 1929 Treaty of Conciliation (Lateran pact)
concluded by the Holy See (State of the Vatican City) and
Italy.

Article 1

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

take the necessary measures

shall

(a)

for, but failed to start, the initiation of independent inves-
tigation 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, in view
of their apparent obstruction of justice, as listed in Annex I;

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.
The Council shall be duly informed in all cases where a
Member State grants an exemption pursuant to paragraphs 3
or 4.

(b) for the fraudulent elections and referendum in Belarus on
17 October 2004 and those who are responsible for severe
in the repression of peaceful
human rights violations
demonstrators
elections and
referendum in Belarus, as listed in Annex II;

in the aftermath of

the

6. 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
European Union, or hosted by a Member State holding the
Chairmanship in office of
a political
dialogue
conducted that directly promotes democracy,
human rights and the rule of law in Belarus.

the OSCE, where

is

(c)

for the violations of international electoral standards in the
presidential elections in Belarus on 19 March 2006, and the
crackdown on civil society and democratic opposition, as
listed in Annex III.

Paragraph 1 shall not oblige a Member State to refuse its

2.
own nationals entry into its territory.

A Member State wishing to grant exemptions referred to
7.
in paragraph 6 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
two working days of receiving notification of the proposed
exemption. Should one or more of the Council members raise
an objection, the Council, acting by a qualified majority, may
decide to grant the proposed exemption.

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

8.
In cases where pursuant to paragraphs 3, 4, 6 and 7, a
Member State authorises the entry into, or transit through, its
territory of persons listed in Annexes I, II and III, the author-
isation shall be limited to the purpose for which it is given and
to the persons concerned thereby.

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Official Journal of the European Union

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Article 2

Article 5

The Council, acting upon a proposal by a Member State or the
Commission, shall adopt modifications to the lists contained in
Annexes I, II and III as required by political developments in
Belarus.

Common Position 2004/661/CFSP is hereby repealed.

Article 6

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

This Common Position shall
adoption.

take effect on the date of

its

Article 7

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

Article 4

Done at Brussels, 10 April 2006.

This Common Position shall apply for a period of 12 months. 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.

For the Council
The President

U. PLASSNIK

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ANNEX I

List of persons referred to in Article 1(1)(a)

1. SIVAKOV, YURY (YURIJ) Leonidovich, ex-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, State Secretary of

the Security Council of Belarus, born on

26 May 1958, in Grodno region.

3. PAVLICHENKO (PAVLIUCHENKO), DMITRI

(Dmitry) Valeriyevich, Head of

the Special Response Group at

the

Ministry of the Interior (SOBR) 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(1)(b)

1. Lydia Mihajlovna YERMOSHINA, Chairwoman of the Central Election Commission of Belarus, born on 29 January

1953 in Slutsk (Minsk Region).

2. Yuri Nikolaevich PODOBED, Lieutenant-Colonel of Militia, Unit for Special Purposes (OMON), Ministry of Internal

Affairs, born on 5 March 1962 in Slutsk (Minsk Region).

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ANNEX III

List of persons referred to in Article 1(1)(c)

1. LUKASHENKO Aleksandr Grigorievich (30.8.1954. Kopys, Vitebsk oblast) President

2. NIEVYHLAS Hienadz Mikalayevich; Nevyglas Gennady Nikolaevich (11.2.1954. Parahonsk, Pinsk district) Head of

President's Administration

3. PETKEVICH Nataliya Vladimirovna (1972. Minsk) Deputy Head of President's Administration

4. RUBINOV Anatoly Nikolaevich (15.4.1939.) Deputy Head in charge of media and ideology, PA

5. PRALIASKOWSKI Alieh Vitoldavich; Proleskovskiy Oleg Vitoldovich (1.10.1963. Zagorsk-Russia, now Sergijev Posad)

Aide and Head of the Main Ideological department, PA

6. RADKOV Aleksandr Mikhailovich (1.7.1951. Votnya) Minister of Education

7. RUSAKEVICH Vladimir Vasilevich (13.9.1947. Vygonoshchi) Minister of Information

8. HALAVANAW Viktar Ryhoravich; Golovanov Viktor Grigorevich (1952. Borisov) Minister of Justice

9. ZIMOWSKI Aliaksandr Lieanidavich; Zimovsky Alexander Leonidovich (10.1.1961. Possibly Ukraine) Member of the

Upper House of the Parliament; Head of the national state teleradio company

10. KANAPLIOW Uladzimir Mikalayevich; Konoplyev Vladimir Nikolaevich (3.1.1954. Akulintsy) Chairman of the Lower

House of the Parliament

11. CHARHINIETS Mikalay Ivanavich; Cherginets Nikolai Ivanovich (17.10.1937. Minsk) Chairman of the Foreign Affairs

Committee of the Upper House

12. KASTSIAN Siarhiey Ivanavich; Kostyan Sergey Ivanovich (15.1.1941. Usokhi, Mogilev oblast) Chairman of the

Foreign Affairs Committee of the Lower House

13. ORDA Mikhail Siarhieyevich, Orda Mikhail Sergeyevich (28.9.1966. Dyatlovo, Grodno oblast) Member of the Upper

House, leader of BRSM

14. LOZOVIK Nikolay Ivanovich (1951. Nevinyany, Minsk oblast), Deputy of the Central Election Commission of Belarus

15. MIKLASHEVICH Pyotr Petrovich (1954. Kosuta, Minsk oblast) Prosecutor General

16. SLIZHEVSKY Oleg Leonidovich, Head of the Division of Social organisations, parties and NGOs, Ministry of Justice

17. KHARITON Alexandr, Consultant of the Division of Social organisations, parties and NGOs of the Ministry of Justice

18. SMYRNOV Yevgeny (1949. Ryazan oblast, Russia), First Deputy of the Chairman of the Economic Court

19. REUTSKAYA Nadezhda, Judge of the Moscow district of Minsk

20. TRUBNIKOV Nikolay, Judge of the Partizanskiy disctrict of Minsk

21. KUPRIYANOV Nikolai, Prosecutor of Minsk

22. SUKHORENKO Stepan Nikolaevich (27.1.1957. Zdudichi, Mogilev oblast) Chairman of KGB

23. DEMENTEI Vasily Ivanovich, First deputy, KGB

24. KOZIK Lieanid Piatrovich; Kozik Leonid Petrovich (13.7.1948. Borisov) Head of the Federation of Trade Unions

25. KOLEDA Alexandr, Сhairman of the Central Election Commission of the Brest oblast

26. USOV, N.D., Сhairman of the Central Election Commission of the Gomel oblast

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27. LUCHINA Leonid, Сhairman of the Central Election Commission of the Grodno oblast

28. KRAVCHENKO Tayana Aleksandrovna, Сhairman of the Central Election Commission of the Minsk City

29. KURLOVICH Vladimir, Сhairman of the Central Election Commission of the Minsk oblast

30. METELITSA Nikolai, Сhairman of the Central Election Commission of the Mogilev oblast

31. PISCHULENOK, M.V., Сhairman of the Central Election Commission of the Vitebsk oblast