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Letter of Appeal from the AAAS Committee on Scientific Freedom and Responsibility

Viktor Golovanov
Minister of Justice of the Republic of Belarus
Respublika Belarus
220084 g. Minsk
ul. Kollektornaya, 10
Ministerstvo yustitsii Respubliki
Belarus
Via Fax: +375 172 20 96 84


Dear Mr. Minister:

The American Association for the Advancement of Science (AAAS) is the largest organization of natural and social scientists in the United States and the world's largest federation of scientific organizations, with 131,000 individual members and 272 affiliated groups. AAAS publishes the preeminent scientific journal Science. The Association seeks to advance science and innovation throughout the world for the benefit of all people. Our AAAS Committee on Scientific Freedom and Responsibility was formed in 1976 to protect the human rights of scientists, engineers, and health professionals and to deal with issues relating to scientific freedom worldwide.

On behalf of the Committee, I am writing to express my concern about the deterioration of Dr. Bandazhevsky's health in prison. It is my understanding that in June 2001, a Belarusian military court sentenced Dr. Bandazhevsky to eight years in prison on charges of taking bribes from his students. I am greatly concerned about his conviction because several human rights organizations and scientific societies believe that the conviction may be in retaliation for Dr. Bandazhevsky's criticism of government health policies. The colleague of Dr. Bandazhevsky who initially made the allegations of bribery subsequently withdrew the statement and claimed that the testimony he gave was the result of torture inflicted by the security forces. The Advisory and Monitoring Group for Belarus in the Organization for Security and Cooperation in Europe issued a statement stating that no evidence had been provided to the court to substantiate Dr. Bandazhevsky's guilt.

I understand that Dr. Bandazhevsky has exhausted his appeals in the courts and the only resolution to his case may be a presidential pardon. I respectfully urge the government to review the case and to grant a full and unconditional pardon to Dr. Yury Bandazhevsky as the charges of bribery appear to be unfounded and independent observers have stated that no material evidence was introduced during the trial to support the charges.

In the meantime, my concern remains that the Belarusian government provide Dr. Bandazhevsky with appropriate medical care during his detention. The standard of care for prisoners is guaranteed in the United Nations Standard Minimum Rules for the Treatment of Prisoners. Article 22 (1) states: "At every institution there shall be available the services of at least one qualified medical officer who should have some knowledge of psychiatry. The medical services should be organized in close relationship to the general health administration of the community or nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality." Article 22 (2) states: "Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civic hospital."

In addition, convicting an individual for the peaceful exercise of his or her human right to freedom of expression violates several international human rights standards, including the following:

The Universal Declaration of Human Rights (adopted with dissent by the General Assembly of the United Nations on 10 December 1948):

" Article 3: Everyone has the right to life, liberty and security of person
" Article 9: No one shall be subjected to arbitrary arrest, detention or exile
" Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers

International Covenant on Civil and Political Rights (Belarus is a State Party):

" Article 19(1): Everyone shall have the right to hold opinions without interference
" Article 19(2): Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his [or her] choice
" Article 9(1): Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law

The Human Rights Defenders Declaration

" Article 9: To the same end, everyone has the right, individually and in association with others, inter alia: (c) To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.

Thank you for your prompt attention to this matter.


Sincerely,


Carole Nagengast, Ph.D., Chair
Committee on Scientific Freedom
and Responsibility

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