Translated material
Lukashenko can be arrested?
Natalya Golitsyna
The European Parliament sharply criticized gross violations of human rights in Belarus, the use of torture to opposition and the "atmosphere of fear" established in the country. In the UK, a lawsuit is being prepared against Alexander Lukashenko, which may lead to the issuance of the warrant for his arrest for violations of human rights.
In the resolution adopted on March 10, members of the European Parliament urge the EU countries to expand restrictive measures against prosecutors, judges and representatives of the KGB, who took part in violations of human rights. European parliamentarians demanded from Minsk without delay to start an investigation of messages about the use of torture to political prisoners.
And in the UK, a lawsuit is being prepared against Alexander Lukashenko, which may lead to the issuance of the warrant for his arrest for violations of human rights. The accusations are prepared by the H2O Law lawyer. According to lawyer Jason Maccue, he has enough evidence to receive an arrest warrant of the President of Belarus.
- Mr. McCu, you visited Belarus, where you collected evidence of a violation of human rights. Who did you say to and what do you blame Alexander Lukashenko?
- I met the support of a variety of people there. I wanted to understand what was happening there myself. I met both representatives of Belarusian human rights organizations, and with local lawyers and ordinary people. I managed to collect evidence of a violation of human rights and other crimes committed by the Lukashenko regime. I received evidence of cruel dispersal of a peaceful demonstration of protest after the December 19 election. I also received evidence of the use of torture and obstacles to the provision of legal assistance to political prisoners. Families of prisoners and human rights activists called on the international community to take measures against the actions of this regime.
- You intend to act on the basis of the so -called “principle of universal jurisdiction” existing in the UK, which allows the British courts to consider accusations of crimes committed in other countries if there are no conditions for holding the perpetrators. Is this a common thing for British proceedings?
- This principle exists not only in the British legal system. Now, for tactical reasons, we do not report which court we intend to apply to. I can only confirm what we mean the British court and the use of the principle of universal jurisdiction. Both a private prosecution and a civil lawsuit will be involved. This is in many ways not having international analogues, the British government has never interfered in the past in private claims related to human rights, and one of the enormous advantages of British legal proceedings is that, unlike Belarusian courts, our government never intervenes in the activities of the courts
creating a legal precedent. British government has never intervened in private claims related to human rights, and one of the enormous advantages of British legal proceedings is that, unlike Belarusian courts, our government never intervenes in the activities of the courts
- What measures do you take to bring Lukashenko to justice?
- This case is engaged in a team of very experienced lawyers specializing in international law, not only from our company, but also from other British and foreign firms. We are absolutely confident in the success of the strategy that we have developed and in its legal basis. At the same time, a group of Belarusian lawyers who collect evidence helps us. The lawyers of our company have already visited several countries where they received testimonies of the accusations arriving from Belarus.
- According to international law, the heads of state have immunity against criminal prosecution. Will this become an obstacle to Lukashenko’s involvement in court?
- I do not think that this will become an obstacle if accusations of torture are proved, and we have evidence of this. In this regard, I want to refer to other things that have won, in particular, in two cases against terrorist organizations and dictatorial regimes in which we had similar obstacles. However, we managed to get around them due to the fact that the people on behalf of which we acted could provide convincing evidence of the commission of crimes. The basic principle of law is the availability of judicial protection, and the case of lawyers to provide this protection. And this is what we intend to do.
- It is known that the British government opposes private allegations of political cases. Recently, Prime Minister David Cameron said that the government intends to change the legislation in order to exclude private claims from legal practice in such cases. Will this become an obstacle in the case against Lukashenko?
- Our case is based on British law, which was adopted by our parliament in the distant past. I would not say that a private accusation of political cases is an ordinary event in Britain, but it is not so rare. The British government never intervened in private lawsuits related to human rights, and one of the enormous advantages of British legal proceedings is that, unlike Belarusian courts, our government never intervenes in the activities of the courts.
-Spokesman Lukashenko called your intention to hold Lukashenko to justice with a PR action, exploiting the popularity of the Belarusian president ...
- I can only say to this that the Irish Republican Army accused us of the same when we began its judicial persecution in Ireland as a terrorist organization. We pursued her in court and won the case. So it would be good for official Belarusian persons to get acquainted with such precedents before letting jokes against people who are preparing a trial against them. These accusations of PR campaigns and speculations on Lukashenko’s popularity among the people of Belarus are ridiculous. I did not meet there people who agree with this, and, as I noticed in one newspaper interview, this business is not based on popularity, but on the bad glory of the Belarusian president. And that is why it has become so important news in the media around the world.