20 new names on list of political prisoners

Joint statement by the human rights organizations of Belarus

Minsk – March 29, 2021

In response to the pre-trial detention and indictment under Part 1 of Article 342 of the Criminal Code (group actions grossly violating public order) of Maksim Yalkanau, Radzivon Medusheuski, Ihar Laptanovich, Mikita Dranets (facing an additional charge under Art. 285), Pavel Shpetny (facing an additional charge under Art. 285), Danila Chul (facing an additional charge under Art. 285), Aliaksandr Kazlianka (facing an additional charge under Art. 285), Andrei Marach (facing an additional charge under Art. 285), Aliaksei Halauko (facing an additional charge under Art. 285) and the indictment under Part 2 of Art. 293 of the Criminal Code (mass riots) of Ivan Soupel, Andrei Khveskavets, Aliaksandr Shandyba, Siarhei Shalamitski, Aliaksandr Shalamitski, Leu Tsialipka, Yakau Shafarenka, Danila Bandaruk (facing an additional charge under Part 1 of Art. 339) and Pavel Mazko, as well as the imprisonment under court rulings of Illia Pirazhkou (sentenced by the Lieninski District Court of Minsk to three years of restricted freedom in an open penitentiary) and Viktar Tauhen (sentenced by the Maladziečna District Court to two years of restricted freedom in an open penitentiary), reaffirming the position set out in the joint statement by the human rights community of August 10, 2020, we note the following.

Freedom of peaceful assembly is guaranteed by Article 21 of the International Covenant on Civil and Political Rights. This freedom is not subject to any restrictions other than those established by law and necessary in a democratic society for the purposes of national and public security, public order, public health and morals, or the protection of the rights and freedoms of others.

The post-election protests were spontaneous, self-organized, and were caused by distrust of the results of the August 9 presidential election, which was marred by numerous violations and fraud, and was not recognized by the international community as democratic, fair and free.

The meetings were peaceful and did not pose a threat to national or public security. Despite this, the demonstrators were attacked by special units of the Ministry of Internal Affairs who used disproportionate violence, riot gear and non-lethal weapons.

For the first time in the history of Belarus, rubber bullets and water cannons were used against peaceful demonstrators. A particularly large amount of damage was inflicted by the use of stun grenades.

In its statement of August 10, the Belarusian human rights community condemned the actions of law enforcement agencies and placed all responsibility for what happened on August 9 and 10 on the authorities of Belarus.

We also consider it necessary to note that the demonstrators did not commit any of the actions covered by Art. 293 of the Criminal Code and accordingly cannot be qualified as mass riots. The protesters did not set fires, destroy property or put up armed resistance to law enforcement agencies.

Individual cases of violence against police officers by demonstrators require a separate legal qualification, taking into account the context and circumstances of the use of violence, including in the context of self-defense against knowingly disproportionate actions of police officers.

We assess the persecution of Maksim Yalkanau, Radzivon Medusheuski, Ihar Laptanovich, Mikita Dranets, Pavel Shpetny, Danila Chul, Aliaksandr Kazlianka, Andrei Marach, Aliaksei Halauko, Ivan Soupel, Andrei Khveskavets, Aliaksandr Shandyba, Siarhei Shalamitski, Aliaksandr Shalamitski, Leu Tsialipka, Yakau Shafarenka, Danila Bandaruk, Pavel Mazko, Illia Pirazhkou and Viktar Tauhenas politically motivated, as it is related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.

In this regard, we call on the Belarusian authorities to:

• immediately release political prisoners Maksim Yalkanau, Radzivon Medusheuski, Ihar Laptanovich, Mikita Dranets, Pavel Shpetny, Danila Chul, Aliaksandr Kazlianka, Andrei Marach, Aliaksei Halauko, Ivan Soupel, Andrei Khveskavets, Aliaksandr Shandyba, Siarhei Shalamitski, Aliaksandr Shalamitski, Leu Tsialipka, Yakau Shafarenka, Danila Bandaruk, Pavel Mazko, Illia Pirazhkou and Viktar Tauhen and stop their criminal prosecution;
• immediately release all political prisoners, as well as other individuals detained in connection with their exercise of freedom of peaceful assembly in the post-election period, and end political repression in the country.

Human Rights Center "Viasna"

Legal Initiative

FORB Initiative

Human Constanta

PEN Belarus

Barys Zvoskau Belarusian Human Rights House

Belarusian Helsinki Committee