HRD's call to release another 15 political prisoners and decriminalize defamation offenses

Joint statement by the Belarusian human rights community

February 3, 2022

In response to an increase in the number of cases of conviction and imprisonment of individuals under a number of defamatory articles of the Criminal Code, as well as for insulting state symbols of the Republic of Belarus, we, representatives of the Belarusian human rights community, reaffirming our repeated calls to decriminalize defamation and to refrain from imposing terms of imprisonment for insulting officials, the state, government agencies and symbols (as mentioned in the Joint statement of December 22, 2020), note the following:

At the moment we know about the following persons imprisoned for insulting the president, police officers, judges, as well as insulting state symbols:

1. Yaraslau Heben, sentenced under Art. 370 of the Criminal Code for insulting state symbols to 2 years and 6 months of restricted freedom in a penal colony;
2. Mikita Muryn, sentenced under Art. 370 of the Criminal Code for insulting state symbols to 2 years and 6 months of restricted freedom in a penal colony;
3. Hleb Liohki, sentenced under Art. 370 of the Criminal Code for insulting state symbols to 18 months of restricted freedom in a penal colony;
4. Artsiom Pryhazhayeu, sentenced under Art. 370 of the Criminal Code for insulting state symbols to 18 months in a penal colony;
5. Volha Kukushkina, sentenced to 18 months of restricted freedom under Part 1 of Art. 368 of the Criminal Code for insulting A. Lukashenka;
6. Yauhen Salauyou, sentenced to 9 months of restricted freedom under Art. 368 of the Criminal Code for insulting A. Lukashenka;
7. Aleh Dmitrachenka, sentenced to 2 years and 6 months of restricted freedom in an open penitentiary under Art. 369 of the Criminal Code for insulting a government official and sent to serve his sentence;
8. Pavel Hvazdouski, sentenced to freedom restriction in an open penitentiary under Art. 369 of the Criminal Code for insulting a government official and sent to serve his sentence;
9. Andrei Kruhlenia, sentenced to 12 months of freedom restriction in an open penitentiary under Art. 369 of the Criminal Code for insulting a government official and sent to serve his sentence;
10. Aleh Haurylau was taken into custody on charges under Art. 367 of the Criminal Code for defamation of A. Lukashenka;
11. Alena Hnauk, taken into custody on charges under Art. 367, 369-1 of the Criminal Code for defamation of A. Lukashenka and discrediting Belarus;
12. Ruslan Asiatrou, taken into custody on charges under Art. 130 of the Criminal Code in the "Zeltser case";
13. Siarhei Kreida, taken into custody on charges under Art. 130 of the Criminal Code in the "Zeltser case";
14. Alena Malinouskaya, taken into custody on suspicion of Art. 339 of the Criminal Code of hooliganism for drawing in public places "Pahonia" coat of arms;
15. Anatol Latushka, taken into custody on suspicion of Art. 339 of the Criminal Code of hooliganism for drawing in public places "Pahonia" coat of arms;

In this regard, we consider the persecution and imprisonment of the persons listed above as politically motivated in connection with the peaceful exercise of their views, and the convicts as political prisoners in accordance with paragraph 3.1 (a) of the Guidelines on the Definition of Political Prisoners. We, therefore, call on the Belarusian authorities to:

1. Immediately release political prisoners Yaraslau Heben, Mikita Muryn, Hleb Liohki, Artsiom Pryhazhayeu, Volha Kukushkina, Alena Hnauk, Yauhen Salauyou, Aleh Dmitrachenka, Pavel Hvazdouski, Andrei Kruhlenia, Aleh Haurylau, Ruslan Asiatrou, Siarhei Kreida, Alena Malinouskaya, Anatol Latushka and stop their criminal prosecution;
2. decriminalize defamation offenses and abolish articles of the Criminal Code that provide for liability for insulting the state and state symbols, namely Articles 188, 189, 367, 368, 369, 369-1, 370, and 391 of the Criminal Code, and stop all ongoing criminal cases under these articles;
3. immediately release all political prisoners and stop political repression.

Human Rights Center Viasna

Legal initiative

Lawtrend

PEN Belarus

Belarusian Helsinki Committee

Barys Zvozskau Belarusian Human Rights House

Belarusian Association of Journalists