This File Last Updated: 2000/08/12



Harry Pahanayla (Garri Pogonyailo) - Defense Lawyer (often involved with human rights cases)

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    Also: Deputy Chairman of the Belarusian Helsinki Committee (BHC), and defense lawyer for people such as former National Bank head Tamara Vinnikova, and businessman and 13th Supreme Soviet member Andrei Klimov.

    ". . . Mr. Pogonyailo [has] accused Aleksandr Lukashenko of violating his inauguration pledge to safeguard the Constitution, the law, and human rights. He blamed the Belarusian leader for provoking a fierce social confrontation by altering the Constitution in 1996 . Mr. Pogonyailo referred to reprisals against peaceful demonstrators, the disappearances of opposition politicians, lack of justice in court, arbitrary practices against private entrepreneurs, and violations of workers' rights."     Source: BelaPAN, No. 114; Sunday, July 30, 2000; 7:45 p.m.



News Article: Belarusian Helsinki Committee Leaders Fail to Reach Consensus on Members' Participation in Parliamentary Election

    "At an enlarged session held on August 10 [2000], the board of the Belarusian Helsinki Committee (BHC) and representatives of the organization's regional branches failed to reach a consensus on BHC members' participation in this fall's parliamentary election as candidates."

    "Lawyer Harry Pahanayla (Garri Pogonyailo), BHC deputy chairman, said that he wanted to run in the election as a citizen, not as a BHC member. The head of the BHC branch in Minsk, Svetlana Martovskaya, said that Mr. Pogonyailo should have quit the BHC when he decided to announce for the House of Representatives of the Belarusian National Assembly."

    "Tatyana Protko, BHC chairwoman, appealed to those present for help in understanding 'what is going on' in the BHC. 'I need to decide should I remain at the head of the committee and you should decide if you should keep me as the leader of the committee,' Ms. Protko said. She noted that internal intrigues hampered the organization's work."

    "In early June, 14 members of the BHC board and the Supervisory Council accused Ms. Protko of 'currying favor with the authorities' by active participation in the government-initiated 'dialogue of social and political forces' and by demanding that BHC representatives be included in electoral commissions for this fall's parliamentary election. In an open letter, they expressed concern about alarming trends within the BHC and announced suspension of their membership in the BHC. Among those who signed the letter are writers Vasil Bykov and Ryhor Baradulin; Yury Khodyko, deputy chairman of the Belarusian Popular Front (BPF); Aleksandr Potupa, a political analyst; Lyavon Borshchevsky, BPF deputy chairman; Vladimir Orlov, a historian; and Zhanna Litvina, chairperson of the Belarusian Association of Journalists."

    "The BHC leader was also charged with inability to select people, authoritarian methods, and some even said that BHC was the 'KGB's nest.' "

    "The BHC is to hold a special conference on September 16 to elect a new leader or re-elect Ms. Protko and decide by what principles the organization will be guided in the future."

      Source: BelaPAN, No. 43; Thursday, August 10, 2000; 8:50 p.m.



News Article: Ministry of Justice Revokes the License of the Lawyer Chosen by Severinets

    "Mr Pogonyailo left the Minsk City Lawyers' Collegium (bar association) and joined the Interterritorial Collegium of the Russian Lawyers Gild last year. In April 1998, Mr Pogonyailo took up the case of Pavel Severinets, the leader of the Malady Front youth organisation accused of "malicious hooliganism" after an anti-government protest in Minsk, but was removed by the prosecution."

    "The Ministry of Justice regards Mr Pogonyailo's attempt to take up the Severinets case as a violation of a Belarusian law which allows only members of government-controlled bar associations to represent the accused. Members of the qualification commission, which includes officials of the president's Security Council, representatives of prosecutors' offices and courts suggested that Mr Pogonyailo join a Belarusian lawyers' collegium, but he refused. He said that he will appeal the commission's ruling."

    " 'I have not breached the Republic of Belarus' internal legislation. Members of the commission try to prove that Belarusian legislation gives people the right to choose only members of Belarusian lawyers' collegia as their counsels. But this runs counter to the Republic of Belarus' international commitments, including the Union Treaty with Russia, the Charter of the Union, and a number of documents adopted by CIS countries such as the CIS Convention on Legal Assistance in Civil, Family and Criminal Cases. The Constitution of the Republic of Belarus stipulates that international agreements take priority over Belarusian legislation,' Mr Pogonyailo said."

    " 'This is the authorities' reaction to my criticising them for violating the law', he added."

      Source: BelaPAN, No. 10; Tuesday, June 2, 1998; 8:40 p.m.




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