ZELTSER CASE BROUGHT TO UNITED NATIONS HUMAN RIGHTS COMMITTEE

Requests "Immediate Interim Humanitarian Action"

Belarus Violating International Covenant on Civil and Political Rights

American citizen Emanuel Zeltser, through his counsel, filed an urgent complaint today to the United Nations Human Rights Committee, alleging the Belarusian government is violating his civil and political rights during his detention in Belarus as a political prisoner. He is seeking immediate release.

Zeltser, who has been held captive since March 12, 2008, has faced physical beatings, inhumane and unsanitary treatment, including withholding physician-prescribed medications, during his trial in Minsk and at a penal colony in Mogilev, Belarus.

The 21-page complaint summarizes the harsh and abusive treatment Mr. Zeltser has suffered at the hands of Belarusian authorities since he was imprisoned there on March 12, 2008, especially since he never intended to visit Belarus. His last memory before he awoke in Belarus was having a cup of coffee in London.

Since that time, he has been subject to physical beatings, deprived of his prescriptions, suffered severe pain and mental deterioration, and denied proper medical treatment.

The US State Department and several leading Members of the US House of Representatives have called for Mr. Zeltser’s Release.

The full complaint text

NEWS RELEASE

FOR IMMEDIATE RELEASE CONTACT: Trent Duffy

December 18, 2008 +1 202 441 1722

tduffy@hdmk.org

US CONGRESS PUSHES BELARUS TO RELEASE

US PRISONER EMANUEL ZELTSER

Senior Lawmakers Decry Treatment, Join US State Department, Amnesty International and Others in Upping Pressure for Prisoner’s Release

“We strongly urge you to immediately release Mr. Zeltser,” say Congressmen

WASHINGTON – In a strongly-worded letter sent this afternoon, a group of senior US Congressional leaders from both political parties who are responsible for US-Belarusian relations, called on Belarusian President Lukashenka to release Emanuel Zeltser, a US citizen being held in Belarus. The action comes just days after the US State Department issued its strongest statement to date calling for Mr. Zeltser’s release since he was imprisoned in March, 2008.

The letter is as follows:

NEWS RELEASE

ATTN: Human Rights, Moscow, Eastern Europe desks

FOR IMMEDIATE RELEASE CONTACT: Trent Duffy

DECEMBER 11, 2008 +1 202 789 4365

+1 202 441 1722

tduffy@hdmk.org

US INTENSIFIES PRESSURE ON BELARUS FOR RELEASE OF AMERICAN EMANUEL ZELTSER

“We continue to strongly urge the Belarusian authorities to release Mr. Zeltser on humanitarian grounds before this situation takes an irrevocable turn,”

Says Chief State Department Spokesman Sean McCormack

http://www.state.gov/r/pa/prs/ps/2008/dec/113090.htm

Belarus Also Rejects US Requests for Outside Medical Treatment

WASHINGTON – The US State Department, on the occasion of International Human Rights Day, issued its strongest statement to date (see entire statement below) calling for the release of Emanuel Zeltser, a US citizen being held in Belarus. The US also directly contradicted Belarusian claims that Mr. Zeltser was receiving satisfactory medical care and confirmed that authorities rejected requests for an outside doctor to visit and treat Mr. Zeltser.

“This is the strongest push we’ve seen yet from the State Department for Emanuel’s release, and we are very grateful for their efforts. The urgency of this appeal and the stark warning that he be freed before his situation becomes irrevocable is troubling but appreciated. My brother is in very poor condition,” said Mark Zeltser, Emanuel’s brother, a US citizen and resident of Ft. Lauderdale, Florida.

Office of the Spokesman
Washington, DC
December 10, 2008
Question Taken at December 10, 2008 Daily Press Briefing

Update on the Status of Emanuel Zeltser (Taken Question)

Question: Please provide an update on the status of Emanuel Zeltser. When was he last visited by U.S. Embassy officials?

Answer: The well-being of American citizens abroad is the top priority for the Department of State. The U.S. Embassy in Minsk and the Department of State will continue to provide full consular services to Emanuel Zeltser as long as he remains imprisoned in Belarus.

Mr. Zeltser was last visited by a U.S. Embassy official on November 19, after his transfer to a prison in Mogilev, 2.5 hours by car from Minsk, to serve the remainder of his sentence.

The prison doctor reported the Mr. Zeltser's health was "satisfactory," even though he arrived with high blood pressure and was placed immediately into the prison medical unit where he remains. Mr. Zeltser continues to complain of chronic back and leg pain and expresses extreme concern about his high blood pressure.

The U.S. Embassy requested permission for Mr. Zeltser to be treated in a public hospital and examined by an independent doctor. Both requests were denied by Belarusian authorities on the premise that all necessary resources, including medication, are available for Mr. Zeltser's medical care. We do not agree with this assessment. During our November visit, the prison doctor requested that we help procure six additional medications for Mr. Zeltser, which we have done with the assistance of his lawyer.

In the interest of Mr. Zeltser's immediate welfare and his need for lifesaving medical care, we continue to strongly urge the Belarusian authorities to release Mr. Zeltser on humanitarian grounds before this situation takes an irrevocable turn.

2008/1037

Released on December 10, 2008

BACKGROUND:

Mr. Emanuel Zeltser is a U.S. citizen born in Russia. He is the director of the American-Russian Law Institute (ARLI).

The Belarusian KGB arrested Mr. Zeltser upon his arrival in Belarus on March 12, 2008. He had no plans to visit Belarus. Yet, on March 12, 2008, he and his assistant arrived in Minsk on board of Russian financier Boris Berezovsky’s plane.

Mr. Patarkatsishvili’s estate has been the subject of a legal dispute between parties represented by Mr. Zeltser and Mr. Berezovsky. We know that deceased Georgian billionaire Badri Patarkatsishvili had no assets in Belarus.

On March 21, 2008, Belarusian authorities charged Mr. Zeltser with the crime of possession of false documents, under Part 2 of Article 318 of the Belarusian Criminal Code.

On April 12 Mr. Zeltser was placed in a psychiatric hospital for 2 weeks, a hallmark of the Soviet era "treatment" of the political prisoners

On April 25, 2008, the U.S. State Department summoned the Belarusian charge d’affaires in Washington to call for Mr. Zelter’s release.

On April 29, 2008, the U.S. Department of State officially requested the government of Belarus to release Mr. Zeltser on humanitarian grounds.

On May 7, 2008, the human rights organization Amnesty International opened an urgent case of mistreatment of Emanuel Zeltser by Belarusian authorities. Amnesty asked its members to write to Belarusian authorities to allow Mr. Zeltser to receive his medicine.

On May 27, 2008, Belarusian authorities charged Mr. Zeltser with bringing illegal drugs, specifically “psychotropic substances,” into Belarus. These are the same drugs that have been his legal medications for the past 15 years.

On June 27, 2008, the Belarusian KGB formally brought charges against Mr. Zeltser. In addition to the previous charges of possession of false documents drug smuggling, Mr. Zeltser was also now charged with business espionage under the Belarusian Criminal Code.
On August 6, 2008, Russian financier Boris Berezovsky testified in the trial. As mentioned previously, Mr. Berezovsky and Mr. Zeltser are opposing counsel in a dispute over the estate of deceased Georgian billionaire Badri Patarkatsishvili. On May 14, 2008, the Tblisi, Georgia City Court had recognized Mr. Zeltser’s client, Joseph Kay, as a legitimate executor of Mr. Patarkatsishvili’s estate.

On August 11, Mr. Zeltser was found guilty and sentenced to three years in prison for “knowingly using false official documents” and attempted commercial espionage. Mr. Zeltser was acquitted on the drug charge.

Press Statement
Sean McCormack, Spokesman
Washington, DC
May 19, 2008

Concern about Continued Detention of American Emanuel Zeltser in Belarus

The United States is deeply concerned about the deteriorating health of American citizen Emanuel Zeltser, imprisoned in Belarus. Despite repeated direct requests to Belarusian officials in both Washington and Minsk, Belarusian authorities have only permitted U.S. government access to Mr. Zeltser twice since his detention on March 12. During the second visit on April 25, the consular officer noticed a significant physical deterioration of Mr. Zeltser’s health. He has not been permitted to take his required daily medications.

Because of these serious medical concerns, on April 25, the Department of State requested Emanuel Zeltser's release on humanitarian grounds. We have yet to receive a response and urge the Belarusian government to respond quickly and favorably to this request.

2008/399

Released on May 19, 2008

The Great Seal: U S Government - United States of America

Press Statement
Tom Casey, Deputy Spokesman
Washington, DC
April 14, 2008

Belarus: Access to Imprisoned U.S. Citizen

The United States is concerned about the welfare of American citizen Emanuel Zeltser, imprisoned in Belarus. Mr. Zeltser suffers from serious pre-existing health conditions and requires daily medications. Despite repeated requests for consular access to Mr. Zeltser, we have been permitted only one visit on March 27.

The Government of Belarus failed to provide timely notification of his arrest, information about his medical condition, and did not inform the U.S. Embassy of his recent transfer to a state psychiatric hospital.

Consular access in Belarus has long been a concern for the United States.

We urge the Government of Belarus to comply with their international legal obligations and

provide immediate and regular consular access to Emanuel Zeltser.

2008/280

Released on April 14, 2008

Amnesty International stands up for Emanuel Zeltser

2008-05-08 17:17 / Amnesty International Press-Release

A human rights defending organization “Amnesty International” has urged its adherents to turn to the Belarusian authorities and demand to provide an American lawyer Emmanuel Zeltser with the medicine he needs as soon as possible. Human rights defenders also demand that an independent investigation of facts of physical violence against him should be conducted and those who are guilty should be punished.

07 May 2008

UA 121/08 Torture and other ill-treatment/health concern

BELARUS Emanuel Zeltser (m), US national

US national Emanuel Zeltser was detained when he flew in to Belarus on 12 March. He is held in a state security services detention facility in the capital, Minsk, where according to his lawyer he has been interrogated and beaten, and has been denied the medicine he needs urgently to treat his diabetes and arthritis.

On 21 March he was charged with "use of forged documents." The US Embassy in Minsk has been allowed to visit him only twice, on 27 March and 25 April. After the second visit, the US Consul, Caroline Savage, reported that Emanuel Zeltser’s health was failing, noting that he had lost weight, was very weak and had difficulty walking and talking, and that he had been beaten two or three times while in custody.

Emanuel Zeltser suffers from Type 2 diabetes and a severe form of arthritis, for which he has been on prescription medication for over 15 years. A letter from his doctor to the Prosecutor General in Belarus states that without access to the appropriate medication Emanuel Zeltser may suffer "excruciating debilitating pain" and risk irreversible multiple internal organ damage. Emanuel Zeltser’s lawyer delivered the necessary medication to the detention facility, but according to his family the authorities are withholding it, and his health is deteriorating.

BACKGROUND INFORMATION

Belarus declared independence in 1991: it had been part of the Soviet Union, which collapsed earlier that year. Since President Alyaksandr Lukashenka came to power in 1994, respect for human rights in Belarus has deteriorated.

According to an umbrella group of human rights NGOs, the International Helsinki Federation (IHF), prison conditions in Belarus are often substandard, with inmates held in cramped cells which are dirty, poorly ventilated and have "inadequate hygiene facilities". The IHF reports that inmates risk torture or other ill-treatment, are given insufficient food and do not always receive the medical attention or medicines that they need.

Relations between Belarus and the US have become strained recently with the US applying increasing pressure on the Belarusian authorities to release political prisoners. In March and April, Belarus ordered the expulsion of the US Ambassador and 10 US diplomats from the embassy in Minsk, after the US authorities imposed sanctions on the country's state-controlled oil-processing and chemicals company, Belneftekhim, which accounts for about a third of the country's foreign currency earnings. Belarus is also reducing the number of diplomats at its embassy in Washington.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Belarusian, Russian, English or own language:

- calling on the authorities to ensure that Emanuel Zeltser receives immediately the medication his doctor has prescribed, which his lawyer brought to the detention facility;

- calling on the authorities to order an urgent, independent investigation of reports that Emanuel Zeltser has been tortured or otherwise ill-treated, and to bring those responsible to justice;

- urging the authorities to ensure that Emanuel Zeltser is protected from further torture and other ill-treatment, and given regular access to US consular representatives, lawyers of his choice and any medical attention he may require.

APPEALS TO:

Alyaksandr LUKASHENKA

President

Administratsia Prezidenta Respubliki Belarus

ul.Karla Marksa, 38

220016 Minsk

BELARUS

Fax: +375 17 226 06 10

+375 17 222 38 72

Salutation: Dear President Lukashenka

Grigorii VASILEVICH

Prosecutor General

Internatsionalnaya str., 22

220050 Minsk

BELARUS

Fax: +375 17 226 42 52

Salutation: Dear Prosecutor General

COPIES TO:

Vladimir NAUMOV

Minister of Internal Affairs

Gorodskoi Val str., 2

220050 Minsk

BELARUS

Fax: +375 17 226 12 47

Salutation: Dear Minister

and to diplomatic representatives of Belarus accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 18 June 2008.

Embassy Calls for Humanitarian Release of U.S. Citizen

U.S. Embassy Minsk Press Statement
April 29, 2008

The United States is deeply concerned about the deteriorating health of American citizen Emanuel Zeltser, imprisoned in Belarus. Since his detention on March 12, the U.S. Embassy in Minsk has only been permitted to visit him on two occasions, March 27 and April 25.

During the visit on April 25, the consular officer from the U.S. Embassy noticed a significant physical deterioration of Mr. Zeltser’s health since the previous visit on March 27. Mr. Zeltser lost a considerable amount of weight and was very weak. Despite all efforts by the U.S. Embassy, his lawyer, and his U.S. doctor to comply with prison procedures, Mr. Zeltser has not been permitted to take his required daily medications, which may be causing irreversible internal damage.

The United States is extremely concerned for the health and safety of Mr. Zeltser should he remain in the care and custody of the Government of Belarus. On April 25, the Department of State requested the Government of Belarus to release Emanuel Zeltser on humanitarian grounds immediately. We urge the Government of Belarus to favorably consider this request in order to save the life of an American citizen suffering in its custody.

US Senator Charles E. Schumer Letter to the US State Department

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Vol. 153	Washington, Thursday, May 15, 2008	No. 62

House of Representatives

CONCERN ABOUT TREATMENT OF U.S. CITIZEN IN BELARUSIAN DETENTION

HON. ALCEE L. HASTINGS

OF FLORIDA

Thursday, May 15, 2008

Mr. HASTINGS of Florida. Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I would like to draw attention and concern to the case of Mr. Emanuel Zeltser, a U.S. citizen who was detained March 12th upon his arrival in Minsk, Belarus, charged with ``use of forged documents.'' In the entire time that Mr. Zeltser has been detained, he has only been allowed visitation by the U.S. Embassy twice, on March 21st and April 25th. Upon the latter visit it was noted by the U.S. consul that Mr. Zeltser had been beaten several times and appeared in greatly weakened health. Mr. Zeltser suffers from Type 2 diabetes and a severe form of arthritis. Though his condition causes him severe pain and has further deteriorated during his incarceration, the authorities in the detention facility where he is held have reportedly denied him necessary medications. Without proper medications, Mr. Zeltser may not be able to survive the harsh conditions of his detention. Furthermore, according to his lawyer, Belarusian authorities have recently extended the period of Mr. Zeltser's term of detention.

It is incumbent upon the Belarusian government to provide Mr. Zeltser full consular access, proper medical care, and ensure that he is not subjected to further physical abuse and degrading treatment--consistent with its international legal obligations and basic human rights standards.

Time is of the essence in Mr. Zeltser's case, as further delays could lead to further deterioration of his health to the point of endangering his life.

Madam Speaker, I call upon the Belarusian authorities to ensure that Mr. Zeltser immediately receives the medication his doctor has prescribed, and is protected from further ill-treatment, given access to U.S. consular representatives and any medical attention he may need. On April 25, the State Department requested the Government of Belarus to release Emanuel Zeltser on humanitarian grounds. I urge the Belarusian Government to favorably consider that request.

BARRY M. KAMINS

PRESIDENT

Phone: (212) 382-6700

Fax: (212) 768-8116

bkamins@nycbar.org

April 23, 2008

President Alexander Lukashenko

38 Karl Marx Street

Minsk 220016

Republic of Belarus

Dear Mr. President:

I write on behalf of the Association of the Bar of the City of New York ("Association") to express our concern over the continued detention and physical mistreatment of Mr. Emanuel Zeltser, an American attorney, and the detention of his assistant, Ms. Vladlena Funk, a permanent resident of the United States, in Belarus.

The Association is an independent non-governmental organization of more than 22,000 lawyers, judges, law professors and government officials. Founded in 1870, the Association has a long history of dedication to human rights, notably through its Committee on International Human Rights, which investigates and reports on human rights conditions around the world.

It has been brought to our attention that Mr. Zeltser and Ms. Funk were arrested without warning on March 12, 2008, as soon as they landed and deplaned in Minsk. They were subsequently detained. No charges were brought against them until over a week later, on March 21.

It has also been reported, to the Association’s great concern, that Mr. Zeltser has suffered severe physical and mental mistreatment while in detention. It has been reported that since being detained four weeks ago, he has been repeatedly subject to beatings in jail, including direct blows to the head, and has been interrogated by the KGB Special Interrogations Unit. Most recently, Mr. Zeltser has reportedly been transferred to a state psychiatric hospital.

We also understand that Mr. Zeltser, a patient of several medical conditions, including diabetes, arthritis, heart problems, and stomach ulcer, has been denied medications critical to his health. As reported, these medicines have been withheld (even after being shown to him), despite a medical report from Mr. Zeltser’s physician provided to the Belarussian authorities stating that Mr. Zeltser may not survive without the medications indicated.

We have been informed that due to his critical health condition, Mr. Zeltser has twice been taken by ambulance to an emergency room, although in neither case was he provided medical attention, as no physicians were on hand. Mr. Zeltser suffers from a severe form of arthritis, among other serious conditions, and is reportedly in constant pain without his medications. According to his Belarus-appointed lawyer, he is in increasingly precarious health.

In addition to the physical mistreatment, we understand that Mr. Zeltser has been repeatedly denied access to a U.S. consul, despite diplomatic protests filed by the United States Department of State with the Belarus Ministry of Foreign Affairs. The one visit that was granted, more than two weeks after his arrest, was reportedly held in the presence of a KGB official and thus was not confidential.

Moreover, the charge that was finally brought against Mr. Zeltser and Ms. Funk – nearly 10 days after their arrest and detention – appears to have no basis to it. As reported to the Association, the charge, without any explanation or detail, alleges that Mr. Zeltser and Ms. Funk engaged in the use of forged documents, yet apparently neither individual was carrying any paper documents while traveling and both were taken into custody immediately upon arrival in Minsk. Concerns have thus been reported that this is a fabricated charge, created to justify their unlawful detention, and that self-exiled Russian businessman Boris Berezovsky may have instigated action against Mr. Zeltser for his work on behalf of a particular client.

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).

First, Article 9(1) of ICCPR states that no one shall be subjected to arbitrary arrest or detention. It further states: "Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him." Further, the ICCPR specifies that anyone arrested or detained on a criminal charge should be brought "promptly before a judge" and that such person is entitled to "trial within a reasonable time or to release." See Article 9(3). Detention in custody while awaiting trial "shall not be the general rule" Id. (emphasis added). In addition, a detainee "shall be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful." Article 9(4).

Neither Mr. Zeltser nor Ms. Funk was informed of the reasons for arrest or the charges against them at the time of their arrest on March 12, 2008. Indeed, no charges were brought against them until almost 10 days after their arrest and detention. Nor do they appear to have been given an opportunity to challenge the lawfulness of their detention before an impartial judge. These circumstances constitute arbitrary arrest and detention of the kind prohibited by international standards.

In addition, international agreements prohibit (without permitted derogation) the kind of physical mistreatment to which Mr. Zeltser has been subject. Article 7 of the ICCPR explicitly states: "No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment." See also Rule 31 of the United Nations Standard Minimum Rules for the Treatment of Prisoners. The ICCPR also requires that all persons deprived of their liberty be "treated with humanity and with respect for the inherent dignity of the human person." Similarly, the CAT obligates Belarus to refrain from any form of torture, defined in Article 1 as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession." Additionally, Principle 21(1) of the Body of Principles for the Protection of All Persons under any form of Detention prohibits an interrogator from using the situation of a detained person to compel him to confess, to incriminate himself or to otherwise testify against another person.

The conduct described above, including the beating of Mr. Zeltser and the withholding of medication as a tool to pressure him, apparently in connection with interrogation of him, constitutes torture or cruel, inhuman, or degrading treatment, as defined in international treaties, and is strictly prohibited.

In addition, Belarus’s own criminal code prohibits such treatment, establishing criminal responsibility when a person in a position of responsibility exceeds his authority and engages in violence or tormenting or humiliating treatment. See Article 167, Belarus Criminal Code. It is also a crime in Belarus to fabricate charges against a person known to be innocent. See Article 172, Belarus Criminal Code.

In light of Belarus’s international obligations, we respectfully urge you to take all steps in your power to release Mr. Zeltser and Ms. Funk immediately, to allow Mr. Zeltser access to his medications, and to ensure that they are subject to no further torture or cruel or degrading treatment, including interrogation under inhumane conditions. Time is of critical importance, as we understand Mr. Zeltser’s health to be in a precarious state, and we thus ask you to act at once, without any further delay.

Very truly yours,