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Emanuel Zeltser
"Bush's Belarus policies must be re-thought.
Sanctions only hurt the Byelorussian people.
Nor is the IMF's profligacy towards its
corrupt rulers the answer. We must focus
on measures of holding to account its
unscrupulous dictator, while helping the
ordinary folks."

Hillary
Clinton
US Secretary of State
"...
focused on this very troubling situation..."
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Christopher H. Smith
Congressman (R)
"All
the talking in the world doesn't change the fact that President
Lukashenka must act. The
ball is in his court."
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Joseph L. Brand
Partner, Patton Boggs
Foreign Affairs Law Expert
"Zeltser's release
is a shining moment for international diplomacy... Belarus has
restored the freedom of a man who was wrongly convicted."
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IAN KELLY
US State Department Spokesman
The United States
welcomes the release of American lawyer Emanuel Zeltser
from Belarus prison but we still have other concerns
of course with some of the actions of the Belarusian government.
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Emanuel
and Vladlena

After
nearly 16 months in captivity,
Emanuel Zeltser, ARLI
Director and General Counsel, was freed by the Belarusian president amidst unprecedented US and
international pressure.
Vladlena Funk, Mr. Zeltser's
assistant and a free-lance
journalist for MT~Newswire, also held KGB hostage for over a year, was
released in March of this year.
- - -
Chronology of events
On June 19, 2006,
President George W. Bush signed an emergency
Executive Order 13405, decreeing
sanctions against Aleksandr Lukashenka, Belarusian corrupt
ruler, other members of Belarus totalitarian government, and
also against Belarusian government-owned petrochemical
concern Belneftechim for "undermining democratic
process and constitut[ing] an unusual and extraordinary
threat to the national security and foreign policy of the
United States."
On June 26, 2006,
Byelorussian authorities "retaliated" by
declaring that they would
"freeze any assets that U.S. President George W. Bush and
Secretary of State Condoleezza Rice may hold in Belarus."
The relationship between the United States and Belarus had
been rapidly deteriorating reaching its lowest point in
early Spring of 2008.
On March 12, 2008, at 7:00 AM local time in Belarus,
Lukashenka announced that US Ambassador Karen Stewart,
one of Lukashenka's loudest critics, must leave Belarus
immediately or be incarcerated.
Few hours prior to
Lukashenka's announcement, at 11:00 PM local time in
London, the Belarusian KGB operatives abducted US citizen
and prominent New York attorney Emanuel Zeltser, and his
assistant and free-lance reporter Vladlena Funk.
Emanuel and Vladlena were drugged and renditioned to Minsk
on a private jet, belonging to notorious Russian
fugitive-oligarch Boris Berezovsky, Lukashenka's close
friend and associate. Immediately upon their landing in
Belarus,
Emanuel and Vladlena had been immured in "Americanka", the
infamous KGB prison in Minsk. While in the KGB unlawful
detention, Emanuel and Vladlena had been tortured, Emanuel
was denied critical medications for diabetes and heart
disease, and told that they would remain in prison
indefinitely unless the US lifts sanctions against
Lukashenka and Belneftechim.
The KGB press office had made a false and absurd
announcement that Emanuel and Vladlena had been detained
for carrying "false documents" and for "attempted
commercial
espionage". Belarusian government has never
provided any documents evidencing or even spelling out any charges against
the detainees -- despite repeated requests of the US
Department of State and international organizations,
including this Institute -- on the grounds that the matter was
classified as "top secret."
World outrage
The
abduction, unlawful
detention and torture of Emanuel and
Vladlena sparked international outrage. The US State
Department and members of the US Congress repeatedly
demanded the release of the hostages. Secretary of
State Hillary Clinton said that she is personally
"focused" on what the
State Department called “a very troubling situation”
involving the abuse of an American citizen who was sent to a KGB detention cell in Belarus
without any explanation.
Shortly after the abduction and imprisonment of Emanuel
and Vladlena, in April 2008, the New York Bar Association
sent a strongly worded letter to Lukashenka condemning KGB
abuse of Emanuel and Vladlena and demanding their
immediate release. The Bar Association Letter, states:
“The City Bar is
greatly concerned about the arrests and detention of Mr.
Zeltser and Ms. Funk and the reports of physical
mistreatment of Mr. Zeltser. The conduct described above
is inconsistent with Belarus’ obligations under
international agreements, including the International
Covenant on Civil and Political Rights (ICCPR) and the
Convention Against Torture and Other Inhuman or
Degrading Treatment or Punishment (CAT).”
The Association
letter stated that the charge, which the KGB claimed to
have brought against Emanuel and Vladlena, "appears to
have no basis to it", lacks "any explanation or detail"
and "concerns have thus been reported that this is a
fabricated charge, created to justify their unlawful
detention."
(See:
Bar Association Letter)
In December of
2008, a complaint alleging the Byelorussian
authorities violated Mr. Zeltser’s civil and
political rights was filed to the United Nations
Human Rights Committee. The 21-page complaint noted
that I faced “physical beatings, inhumane and
unsanitary treatment, including withholding physician-prescribed
medications”, during his KGB detention. (
UN Complaint) The case of unlawful detention was
also brought up before the UN Special Rapporteur on
Torture.
Simultaneously, an urgent letter signed by eight
ranking Members of the US Congress was dispatched to
Byelorussian dictator Lukashenka demanding immediate
release of Mr. Zeltser: stating:
"... we are
writing to you today to express our grave concern
regarding the health and well-being of Emanuel
Zeltser, a U.S. citizen imprisoned in Belarus...
We are deeply troubled by Mr. Zeltser's arrest as
well as the inhumane treatment he has received
while in your government's custody... during Mr.
Zeltser's internment in Belarus he has been denied
regular independent medical evaluation and the
U.S. consul in Minsk has reported that he has been
physically assaulted and abused while in
detention. This abuse is unconscionable and has
been reported by Amnesty International, which has
urged authorities in Belarus not to subject Mr.
Zeltser to "further torture and other
ill-treatment" As you know, the U.S. Department of
State has also directly expressed "deep concerns
about the state of his health," and has repeatedly
called for Mr. Zeltser's release on humanitarian
grounds, as has Representative Alcee L. Hastings,
Chairman of the Commission on Security and
Cooperation in Europe. We share their concerns and
strongly urge your government to immediately and
unconditionally release Mr. Zeltser... "
(
Letter from the Members of Congress)
At the Hearing of
the Commission on Security and Cooperation in Europe
(the US Helsinki Commission,) “On Democracy and
Human Rights in Belarus” Assistant Secretary of
State, David J. Kramer said on September 16, 2008:
“In addition
to the [undemocratic] conduct of elections in
Belarus, another key issue in improving the
relations between the U.S. and Belarus is
Belarusian authorities' treatment of imprisoned
U.S. citizen Emanuel Zeltser. Mr. Zeltser was
arrested in March of this year and later convicted
in a secret trial on charges of using false
documents and economic espionage. Despite our many
repeated requests, we have been allowed consular
access to Mr. Zeltser only five times and were
denied access to his closed trial. And despite our
many efforts, including facilitating an exam by an
American doctor and even bringing his medications
to prison officials, Mr. Zeltser reports he has
not been allowed access to all his prescription
medicines or their comparable Belarusian
equivalents. Our consular officer and the American
doctor reported such a severe deterioration to his
health since his imprisonment that we have
requested Mr. Zeltser's release on humanitarian
grounds. With a real possibility for a significant
improvement in the relationship between U.S. and
Belarus, we hope there will be a quick,
humanitarian resolution in Mr. Zeltser's case. We
will continue to request consular access to Mr.
Zeltser to monitor his welfare as well as press
for his access to his prescribed medicines. And as
long as Mr. Zeltser's welfare remains endangered,
we will continue our call for his humanitarian
release.” (
Statement of David J. Kramer)
Responding to the
international pressure, KGB press office
had made another bogus announcement, falsely stating that Emanuel and Vladlena had been
convicted for "attempted commercial espionage"
against Belneftechim in a so-called "closed-door trial". The charge of "espionage" has
been a KGB-NKVD favorite since the dark days of
Soviet oppression. The Belarusian government has
never released or provided any documents of the
purported "verdict" or any other disposition of the
"closed-door-trial". When diplomatic
officers of the
US and Russian Embassies in Belarus requested to
attend the "trial", their requests had
been promptly and unequivocally denied.
In February of
this year, the House Foreign Affairs Committee
released its report to accompany the Foreign Affairs
Authorization bill, H.R. 2410. The law included the
section on Promoting Democracy and Human Rights in
Belarus, which reiterated concerns about the
authoritarian crackdown in Belarus by President
Lukashenka. Chairman of the Commission on Security
and Cooperation in Europe (The Helsinki Commission,)
Senator Benjamin L. Cardin said at the Congressional
Hearings:
“The U.S.
Embassy in Minsk criticized the proceedings,
noting that it was denied the opportunity to
observe the trial. The State Department has
repeatedly called for Mr. Zeltser's release on
humanitarian grounds. So have others in Congress,
especially my colleague on the Helsinki
Commission, co-chairman Representative Alcee
Hastings.”
Senator Cardin further stated:
“The poor
human rights record of President Lukashenka's
regime is well known. No American--indeed no human
being--should be subjected to the kind of
treatment Mr. Zeltser has been forced to endure
during his incarceration. Despite Mr. Zeltser's
grave health condition--he suffers from heart
disease, type 2 diabetes, severe arthritis, gout,
and dangerously elevated blood
pressure--Belarusian authorities have repeatedly
refused to provide Mr. Zeltser with his prescribed
medications.” (
Sen. Cardin Statement)
Vladlena freed
after a year in KGB prison
After being held in a Byelorussian KGB detention facility
for 373 days, Vladlena, who is a
Russian citizen and US permanent resident was finally released
on March 20, 2009, after the Russian Ambassador to
Belarus hinted that her continuous detention may have a
negative impact upon the relationship between the two
countries. After she was freed, the world learnt the
horrible truth about the abuse she suffered at the hands
of the Byelorussian KGB. "I was held hostage for over a
year" Vladlena said during her first press-conference. "I was rescued from this unlawful detention
thanks to the incredible efforts by the US and Russian diplomats."
But Emanuel's imprisonment continued while the
Byelorussian authorities tried to negotiate a deal with
the US Department of State to trade Mr. Zeltser's freedom
for the US lifting sanctions against Belarus. The US government took a firm stance of
not using its citizen held hostage as a "bargaining chip"
said Jonathan Moore, US chargé d'affaires in Belarus. US
and international pressure on the government of Belarus to
free Emanuel Zeltser grew more intense.
On June 12, 2009, Administration of Barack Obama,
continued the sanctions pursuant to the "Notice on
Continuation of the National Emergency With Respect to the
Actions and Policies of Certain Members of the Government
of Belarus and Other Persons That Undermine Democratic
Processes or Institutions in Belarus."
On June 30, 2009, a delegation of US Senators and
Congressmen traveled to Belarus and demanded the immediate
release of Mr. Zeltser. Yielding to this unprecedented
pressure from the US and European Community, Byelorussian
dictator Lukashenka signed an order decreeing Mr.
Zeltser's release. "I never thought that this person could
become an issue in relations between our states,”
Lukashenka said, "[but] if it is very important to America
and our relations and may contribute to the normalization
of our relations, I’ll sign the edict today." Mr. Zeltser
was released from KGB detention late the same day.
"This is a shining moment
for international diplomacy" said Joseph Brand, a
senior partner with Patton Boggs, a Washington law firm
that worked with the US State Department
and members of Congress to secure Zeltser's freedom, "Belarus
has restored the freedom of a man who was wrongly
convicted" he said.
Concerns over
Belarus human right abuses remain
"The United States
welcomes the release of American lawyer Emanuel Zeltser
from Belarus prison," said Ian Kelly, spokesman for
the US Department of State.
But Mr. Kelly said: "We still have other concerns of
course with some of the actions of the Belarusian
government." US Senator
Benjamin L. Cardin, who headed the US delegation to Belarus said: "We
welcome the release of Emanuel Zeltser. However, we made
it clear to President Lukashenka that the only way to
improve the relationship between our countries is for him
to increase political freedom and respect for human
rights. (
report)
. .

Senator Cardin, U.S.
delegation secure release of U. S. prisoner in
Belarus
CONGRESSIONAL RELEASE
June 30th: At the urging of I and Chairman
of the Commission on Security and Cooperation in
Europe (U.S. Helsinki Commission) and a seven-member
Congressional delegation in Minsk today, Belarusian
President Alexander Lukashenka signed official
documents releasing American prisoner Emanuel
Zeltser.
Mr. Zeltser has been in a Belarus prison since
March 2008 after being convicted in a secret trial.
Arrangements are being made for Zeltser to be
released tonight. Doctors have said that Mr.
Zeltser's life depends on his release. The Helsinki
Commission has consistently advocated for his
release due to concerns over Zeltser's health and
the fact he was convicted of espionage in a closed
trial.
We welcome the release of Emanuel Zeltser on
humanitarian grounds. However, we made it clear to
President Lukashenka today that the only way to
improve the relationship between our countries is
for him to increase political freedom and respect
for human rights. Belarus should make progress on
the conditions laid out in the Belarus Democracy Act
if the country is to see any changes in U.S.
sanctions here.
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