Case History: Elena Tonkacheva

On 21 March 2017, the Ministry of Interior Affairs of the Republic of Belarus denied human rights defender Elena Tonkacheva’s request for a reduction of the term of her entry ban into Belarus. This is the third time her request has been denied.

Elena Tonkacheva is a human rights defender who has been actively involved in the promotion and defence of human rights in Belarus for twenty years. In 1996 she established the Centre for Legal Transformation, a non-governmental organisation which unites legal experts and activists who work on human rights protection and education, and carry out analytical and research activities in the field of law. Elena Tonkacheva has Russian citizenship, but she has resided in Belarus for the past thirty years. In January 2015 she was forced to relocate to Vilnus, Lithuania, where she has continued her human rights work.

On 21 March 2017, the Belarusian Ministry of Internal Affairs dismissed the request from Elena Tonkacheva to reduce the term of her entry ban to Belarus and remove her name from the list of people denied entry to the country, which she submitted on 21 February 2017. It is noted in the denial that the permissible date of her re-entry into Belarus is 21 February 2018. On 6 January 2016 and 5 October 2016, Elena Tonkacheva submitted similar requests before the Belarusian Ministry of Internal Affairs which were refused. The human rights defender was warned that violating the prohibition during the established period of time would mean facing criminal liability in accordance with Paragraph 2 of Article 371 of the Criminal Code. The penalty for violating this provision is up to three years' imprisonment.

On 5 November 2014, Elena Tonkacheva was ordered by the Pervomayskiy District Police department of Minsk to leave Belarus within one month and not return for three years. Her residence permit was nullified by authorities in October 2014. The human rights defender had violated public traffic regulations by exceeding established speed limits. The residence pemit of Elena Tonkacheva was valid until 2017. She appealed the decision before the courts of first and second jurisdiction, both of which upheld the decision.

Front Line Defenders is concerned by the revocation of Elena Tonkacheva's residence permit and the recent denial of permission for her to return to Belarus, where she has spent the last thirty years, which are believed to be directly linked to her legitimate and peaceful work in the defence of human rights in Belarus.

On 13 January 2015, Pervomayskiy District Court in Minsk ruled to uphold the previous decision of the Office for Migration and Citizenship of Pervomayskiy District Police Department cancelling the residence permit of human rights defender Ms Elena Tonkacheva ordering her to leave Belarus for three years.

On 5 November 2014, Pervomayskiy District Police Department decided to cancel Elena Tonkacheva's residence permit and ordered her to leave Belarus within one month, for three years. According to the authorities, the human rights defender violated public traffic regulations on a number of occasions when she exceeded the speed limit. These minor traffic offences were considered a “threat to public order” and were the official reason for the cancellation of Elena Tonkacheva's residence permit.

On 28 November 2014, Elena Tonkacheva appealed the decision in the Minsk City Police Department. However, on 12 December 2014 City Police Department dismissed her appeal. On 24 December 2014, she appealed the police's decision in court. The first court hearing was held on 8 January 2015 in Pervomayskiy District Court. Two defense witnesses testified in court that they were responsible for some of the traffic offences while driving Elena Tonkacheva's car. The defense also presented a petition with 7,000 signatures demanding that the human rights defender is not expelled from the country for such minor offences.

On 13 January 2015 the judge dismissed Elena Tonkacheva's appeal on grounds that she had committed at least four traffic offences while driving her car, as well as a fifth offence as a pedestrian as she crossed the road outside designated crossings. This, according to the court, constituted a “threat to public order” and was considered a legitimate ground for the three-year expulsion.

Elena Tonkacheva is going to appeal the verdict in Minsk City Court.

On 5 November 2014 the Office for Migration and Citizenship of Pervomayskiy District Police Department in Minsk ordered human rights defender Ms Elena Tonkacheva to leave the country within one month.

She was also informed that she will be prohibited from visiting Belarus for the next three years. The human rights defender will appeal that decision in court.

Her most recent residence permit should have been valid until 2017.

On 30 October 2014 Elena Tonkacheva received a notification informing her that her residence permit was nullified by the authorities. According to the authorities, the human rights defender violated public traffic regulations on a number of occasions when she exceeded the speed limit while driving her car. These minor traffic offences were considered a “threat to public order” and became an official reason for Elena Tonkacheva's residence permit cancellation.

On 5 November 2014, the human rights defender was invited to attend a meeting in Pervomayskiy District Police Department in Minsk where the question of her expulsion from the country was examined. Elena Tonkacheva was allowed to present additional arguments to the authorities. During the meeting she presented a petition of more than 7,000 signatures against her expulsion from the country. Despite agreeing to accept the signatures, the authorities decided to expel her from Belarus.

Elena Tonkacheva will appeal the order to expel her from Belarus and the decision to cancel her residence permit. Her public traffic offences were minor and she has already paid the fines and the traffic police did not consider it necessary to cancel her driving licence.