Human Rights Situation in Belarus: September 2022
Summary:
- the Russian Federation continues to use the territory of Belarus and Belarusian infrastructure in its aggressive war unleashed in Ukraine seven months ago. The Human Rights Center "Viasna" strongly condemned the actions of the Belarusian and Russian authorities, which undermine the foundations of peaceful coexistence of nations, violate the Constitution and laws of Belarus, as well as the provisions of international treaties.
- the socio-political and human rights crisis in Belarus is deepening; during the month, the authorities continued to actively apply criminal and administrative prosecution for political reasons, including for anti-war statements;
- 1,324 political prisoners were held in Belarusian penitentiaries as of October 1; in September, the country’s human rights community recognized 44 more persons to be political prisoners;
- members of the Human Rights Center “Viasna” continued to be held in pre-trial detention facing new arbitrary charges: the chairman of the organization Ales Bialiatski, a member of Viasna’s Council and Vice-President of the International Federation for Human Rights (FIDH) Valiantsin Stefanovich, lawyer and coordinator of the campaign “Human Rights Defenders for Free Elections” Uladzimir Labkovich; the Investigative Committee dropped its earlier charges, replacing them with new ones that provide harsher punishment;
- coordinator of Viasna’s volunteers Marfa Rabkova and volunteer Andrei Chapiuk were sentenced to 15 and 6 years in prison, respectively;
- member of the Human Rights Center “Viasna”, head of the Center for Strategic Litigation Leanid Sudalenka is serving his three-year sentence in a correctional colony; Tatsiana Lasitsa, who was convicted alongside Sudalenka, was unexpectedly released shortly before the expiration of the term;
- arbitrary arrests for exercising civil rights continue; in September, the Human Rights Center "Viasna" is aware of at least 81 court hearings in administrative cases, in which 35 fines and 46 terms of administrative imprisonment were issued;
- human rights activists and journalists continue to document numerous instances of ill-treatment against persons imprisoned for political reasons, detained and sentenced to administrative imprisonment for participating in peaceful assemblies. The inhuman conditions of detention for this category of detainees, which are deliberately created by the authorities of detention facilities and other penitentiary institutions, are regarded by Viasna experts as torture;
- numerous facts of the use of torture and prohibited types of treatment are still observed in the course of the investigation of politically motivated criminal cases;
- the Human Rights Center “Viasna” received The Albie Awards 2022, founded by the Clooney Foundation for Justice, in the Justice for Democracy Defenders nomination.
Political prisoners and politically motivated persecution
The criminal prosecution of opponents of the authorities, protesters and dissidents is still the most severe form of repression pursued by the authorities. The apparent traits of politically motivated persecution make it possible to assess such actions of the authorities as crimes against humanity.
The number of political prisoners increased during the month by 44 people; their total number as of October 1 was 1,324 people.
Members of the Human Rights Center "Viasna" are still being held in pre-trial detention: the chairman of the organization Ales Bialiatski, a member of Viasna’s Council and Vice-President of the International Federation for Human Rights (FIDH) Valiantsin Stefanovich, lawyer and coordinator of the campaign “Human Rights Defenders for Free Elections” Uladzimir Labkovich; the Investigative Committee dropped its earlier charges, bringing new ones that provide for harsher punishment.
On September 6, the Minsk City Court chaired by Judge Siarhei Khrypach sentenced Marfa Rabkova, human rights activist, coordinator of Viasna’s network of volunteers, Viasna volunteer Andrei Chapiuk, together with eight anarchist political prisoners, Aliaksandr Frantskevich, Akikhiro Hayeuski-Hanada, Aliaksei Halauko, Alaiksandr Kazlianka, Pavel Shpetny, Mikita Dranets, Andrei Marach, and Daniil Chul, to long terms of imprisonment, including Marfa Rabkova to 15 years and Andrei Chapiuk to 6 years in a correctional colony. In this regard, Viasna issued a statement, expressing its strong protest against the sentencing of Marfa Rabkova and Andrei Chapiuk and the ongoing repressions against members of the organization and against civil society in Belarus as a whole, emphasizing the inadmissibility of sentencing the eight anarchists solely in connection with their convictions and non-violent exercise of their rights and freedoms.
On the same day, the authorities arbitrarily detained human rights defender Nasta Loika, who attended the trial to hear the verdict. On September 7, she was sentenced on trumped-up charges to 15 days of administrative imprisonment and subsequently again arbitrarily imprisoned administratively.
The Observatory for the Protection of Human Rights Defenders, a joint program of the World Organization Against Torture (OMCT) and the International Federation for Human Rights (FIDH), was informed of the sentencing of the coordinator of Viasna’s Volunteer Service Maryia (Marfa) Rabkova and Viasna volunteer Andrei Chapiuk, and the arbitrary arrest and imprisonment of human rights activist Nasta Loika.
Member of the Human Rights Center "Viasna", head of the Center for Strategic Litigation Leanid Sudalenka is serving his three-year sentence in a correctional colony; Tatsiana Lasitsa, who was convicted alongside Sudalenka, was unexpectedly released shortly before the expiration of the term.
A year ago, on September 29 and 30, 2021, mass arrests were held throughout Belarus for comments on social media about the death of IT specialist Andrei Zeltser and KGB officer Dzmitry Fedasiuk. Soon, the Investigative Committee announced that criminal cases were opened against 136 detainees under Art. 369 (insulting a representative of the authorities) and Art. 130 of the Criminal Code (inciting other social hostility or discord). Human rights defenders know the names of 104 detainees in the case, half of whom have already been convicted.
In addition to the very fact of deprivation of liberty, political prisoners are subjected to additional persecution.
In particular, the 10-year-old daughter of political prisoner Natallia Karneyeva, who was arrested for participating in protests, is still in an asylum. It is known that three people close to Karneyeva applied for custody of the girl, but none of them meets the formally established criteria, i.e. housing, income, or kinship.
On September 4, police officers arrested human rights defender Uladzimir Tseliapun as part of an administrative case under Art. 19.11 of the Code of Administrative Offenses for "disseminating extremist information" online. It became known that the activist’s family were not allowed to pass the medicines he needed for his blood pressure while in detention. In addition, the human rights activist, like other political detainees, was not given a mattress or a blanket.
Violations of freedom of peaceful assembly. Suppression of freedom of expression
Over the past two years, the authorities have not allowed a single opposition event. The Law on Mass Events establishes insurmountable obstacles to peaceful assemblies. The most serious violation of freedom of peaceful assembly and freedom of expression continues to be the deprivation and restriction of freedom of participants in peaceful protests and dissidents. The police continue to arrest and the courts are still issuing sentences against participants in the 2020 protests.
Tatsiana Talochka, an anesthesiologist-resuscitator who in August 2020 prevented the arrest of political prisoner, teenager Tsimur Mitskevich, was arrested on May 12, 2022. The doctor faced criminal charges for “participating in protests.” Talochka was kept behind bars for almost five months. The case was eventually considered on September 30 by the court of the Kastryčnicki district of Minsk. Judge Volha Niaborskaya found her guilty of “active participation in actions grossly violating public order” (Article 342 of the Criminal Code), and sentenced Tatsiana to three years of restricted freedom under home confinement.
As before, a large number of sentences are passed under defamatory articles, in particular for insulting Lukashenka and government officials. The defendants are sentenced to imprisonment or terms of restricted freedom, as well as heavy fines.
For example, Pavel Varapai was sentenced to six months in prison and more than 20,000 rubles in damages for allegedly insulting Lukashenko and government officials. Aliaksandr Adzyarykha was sentenced to three years in prison and a fine of 6,400 rubles for comments on the Internet.
On September 1, the Leninski District Court of Hrodna passed a verdict against Vasil Dzemidovich, a 70-year-old man from Niasviž, who was accused of insulting a representative of the authorities, a judge, and Lukashenka, as well as organizing mass riots.
According to the prosecution, Dzemidovich, being an active member of the channel “Karateli Belarusi” and a related chat, posted messages and comments on Telegram “containing incitement, desire, interest and readiness to create armed associations aimed at causing harm”, as well as insulting remarks against Lukashenka, government officials and judges. By a court verdict, Dzemidovich was found guilty on all charges and sentenced to 6 years of imprisonment and a fine of 1,600 rubles. The convict was also ordered to pay 32,000 rubles as compensation to the alleged victims.
The authorities routinely use criminal charges to target posts or links on personal pages on social media. Judge Alaiksandr Anoshka of the Žytkavičy District Court sentenced Dzmitry Kryvulka to 18 months in prison under Part 1 of Art. 368 of the Criminal Code, for sharing a post that was regarded as offensive. Kryvulka posted a video on his Odnoklassniki account in which journalists from another state emotionally discussed the political situation in Belarus and abroad. Disrespectful and insulting remarks were repeatedly heard addressed to the leaders of some states, including Lukashenka.
On September 6, Judge Tatsiana Shotsik of the Leninski District Court of Minsk announced a verdict in the criminal case of political prisoner Ihar Lednik, a member of the BSDP in Barysaŭ. The veteran opposition activist was accused of slandering Lukashenka (part 2 of Article 367 of the Criminal Code) and eventually imprisoned for three years.
In 2020, Lednik submitted an article titled “Internationally Recognized Neutrality of Belarus is a Guarantee of Security in the OSCE Region” to a political science magazine. The piece was published in the printed issue on December 28, 2020, and on June 7, 2021 it was posted online. It contained information “discrediting and humiliating the honor and dignity” of A. Lukashenka, accompanied by accusations of especially serious crimes, including those against the security of mankind.
On September 15, the Maskoŭski District Court convicted five defendants, including four political prisoners. Judge Siarhei Katser sentenced Illia Davydzenka to 3 years, Maryna Markevich to 2 1/2 years, and Hanna Kisialiova, Viktar Khimarod and Maksim Matsulevich to one and a half years in prison under Article 368 of the Criminal Code for burning an effigy of Lukashenka. Davydzenko and Markevich were additionally convicted under Part 1 of Article 342 of the Criminal Code for participating in peaceful protests.
On September 19, in a closed session, the Mahilioŭ Regional Court chaired by Pavel Klimau sentenced Alena Lazarchyk to 8 years in prison on charges of “group actions grossly violating public order” (Article 342). She was also charged with Part 1 of Art. 368 (insulting Lukashenka), Part 3 of Art. 130 (inciting racial, national, religious or other social hatred or discord) and Part 1 of Art. 361-1 (creation of an extremist formation or participation in it).
As before, police officers raid houses and apartments in search of evidence of disloyalty, arresting people at work, and conducting searches and interrogations. The ongoing wave of repression has affected thousands of persons of a variety of professions and backgrounds, including, among others, members of the clergy, e.g. the arrest of Protestant pastor Antoni Bokun in September.
Viasna continues to receive information about administrative prosecution for exercising the right to peaceful assembly and freedom of expression targeting participants in peaceful protests, including anti-war ones, as well as arbitrary arrests of individuals for exercising freedom of expression, using white-red-white symbols, including in private homes and territories, and for the dissemination of information.
Viasna is aware of at least 81 court hearings held in administrative cases in September, in which 35 fines and 46 terms of administrative imprisonment were issued. This is far from complete data on the number of politically motivated administrative cases, as in many instances, human rights defenders are unable to document the outcome of proceedings. As a rule, in politically motivated administrative cases, judges hold secret hearings via videoconferencing tools without announcing the date and place of the hearing, which grossly violates procedural rules and the constitutional rights of persons subject to administrative proceedings, while observers are prosecuted for their legitimate activities.
Article 19.11 of the Code of Administrative Offenses, which punishes the distribution of “extremist content”, is routinely used by the Belarusian authorities to repress dissidents. As a rule, it targets reposts with socio-political content from resources arbitrarily labelled as extremist. In September, the list of “extremist content” was updated to include new resources based on almost 50 court decisions, including a book entitled “A Concise Course in the History of Belarus in the 19th-21st Centuries” by Anatol Taras. At the same time, the Ministry of Internal Affairs and the KGB banned 5 entities as extremist groups, adding 104 new names to the list of extremists.
Torture. Cruel, inhuman and degrading treatment
Viasna continues to document the deliberate worsening of detention conditions for those arrested on politically motivated charges, which as a result border on torture, constituting cruel, humiliating and inhumane. Human rights defenders and journalists continue to receive information about the inhumane conditions of detention in the detention facilities of Minsk. Those detained and imprisoned for political reasons are kept in overcrowded cells, do not receive medical care or outdoor time and are restricted in receiving parcels.
Former political prisoners Artsiom Maisionak and Natallia Padleuskaya described their stay in a pre-trial detention center as humiliating, while a participant in an anti-war protest said that his cell in the notorious Akrestsin facility was overcrowded and unhygienic.
Political prisoners regularly report deteriorating health conditions. Many such cases are accompanied by a lack of medical care on the part of the prison authorities. In particular, Vasil Berasneu’s numerous requests for medical assistance or examination remain unanswered. The Orša-based activist of the independent trade union REP, who has been behind bars for five months, has repeatedly complained of deteriorating health. According to his family, Berasneu suffers from severe pain in his only kidney. The other one was removed due to cancer. Yet, the prisoner is only allowed to take a painkiller at critical moments, which does not solve the problem. Berasneu was arrested on April 19 as part of what is know as the “trade unions case”. He is charged under Part 1 of Art. 342 of the Criminal Code.
Prison authorities use consecutive confinement to a punishment cell as a tool of exerting pressure on political prisoners. In particular, Yauhen Prapolski has been in a punishment cell for two months. After 40 days in a punishment cell, Palina Sharenda-Panasiuk was placed there for another 10 days. Siarhei Tsikhanouski has been in a punishment cell since August 19, and Aliaksandr Tseliashman – since August 16. Mikalai Statkevich also continues to be held in a punishment cell. Stsiapan Latypau swallowed a razor blade and cut his wrist to protest his confinement to a punishment cell totaling 49 days over 5 months and also blocking his mail.
There are also reports of the pressure exerted on political prisoner Anatol Latushka. After arrest, he was beaten, and his testimony was extracted through physical violence. It is also known that police officers beat Siarhei Laman, who was arrested on September 28.
The notorious GUBAZIK department continues its inhumane practice of publishing videos featuring detainees confessing of “offenses”. Most of the detainees were apparently forced to appear in the videos, in which the detained people admit to participating in protests, joining opposition chats or leaking information to Telegram bots exposing Russian military presence in Belarus, as well as posting offensive comments on the Internet. The above are used as grounds for depriving the person of their freedom and charging them with administrative or criminal charges. In September, new videos were published featuring Yury Pashyn, Aleh Haiduk, Dzmitry Stasevich, Mikita Karpenka, Aliaksandr Zakhozhy, Volha Mankevich, Yauhen Yuntsevich, Kiryl Maliantovich, Yauhen Hanulia, Ivan Yanchuk, Illia Salauyou, Henadz Drazdou, Aliaksandr Durayeu, Aleh Halubouski, Siarhei Kaliada, Uladzimir Stasevich, Viktar Zharkevich, Maksim Halavinski, Yan Habis, Liudmila Vitsiaz, Nadzeya Shkuda, Aliaksandr Khadko, Mikhail Apanovich, Aliaksei Marchanka, as well as with a 53-year-old man from Minsk, a 37-year-old taxi driver and two women from Hrodna, whose names are not known.
In September, Mazyr human rights defender Uladzimir Tseliapun served two terms of administrative imprisonment. Between the first and second detention, Tseliapun complained that the conditions of his detention were being deliberately worsened and that he was under pressure. The human rights defender has serious health problems, but the administration of the detention facility refused to give him medicine for several days. It is also known that ambulance doctors were not allowed to see him because Uladzimir had to be taken to court. According to his family, an ambulance was only called during trials.
Minsk police officers resorted to a tortuous punishment of Viktar Zharkevich, who was arrested and forced to carry a refrigerator door with protest stickers into a police bus.
Political prisoner Aliaksandr Veliasnitski, who was stripped of his military rank by Lukashenka, reported torture after his arrested in the “Zelzer case”.
The many shocking cases of torture previously reported by political prisoners remain uninvestigated.
Persecution for anti-war stance
For more than seven months, the active phase of the full-scale war in Ukraine unleashed by the Russian Federation has been going on, in which the aggressor’s troops stationed on the territory of Belarus are involved and Belarusian infrastructure is being used. At the same time, people are persecuted en masse for anti-war protests and expression of opinion.
In particular, kindergarten guard Valiantsin Dubroushchyk was arrested in Hrodna for commenting on the Internet. He is posting “insulting comments” about Lukashenka, the head of the region Karanik, as well as Russian soldiers fighting in Ukraine.
On September 1, a Knowledge Day meeting at high school No. 1 in Navapolack featured a show performed by people in military uniform. Hanna Tukava interrupted the show with an anti-war protest, standing in front of the soldiers and showing the “V” sign, after which she was detained for a long time (more than a week), despite being the mother of a minor. Viasna informed several UN Special Rapporteurs and Working Groups about the violation of Tukava’s rights. Communications were sent to the Special Rapporteurs on the situation of human rights in Belarus, on the promotion and protection of the right to freedom of opinion and expression, as well as the Working Groups on arbitrary detention and on the issue of discrimination against women.
In Mahilioŭ, GUBAZIK officers arrested Yury Pashyn for a series of videos he posted on his TikTok account. The videos concerned Russia’s military aggression in Ukraine, and Pashyn quite clearly took a pro-Ukrainian position. In the ensuing “repentance video”, the man was forced to admit that he was wrong in supporting Ukraine, and also to state that he supports Russia’s actions in the neighboring country.
On September 1, judge Mikalai Sianko of the Brest Regional Court convicted Anton Maliuha on two criminal charges: Part 1 of Art. 361-4 (assistance to extremist activity) and Part 1 of Art. 375-1 (illegal collection of information constituting state secrets). The man was accused of “collecting information about the deployment of military units near Pinsk” in the first days of the war in Ukraine, marking the location of military units on a map of Belarus and sending information to Ukraine, and also sending texts to an “extremist Telegram bot.” The punishment was three years in prison. The trial was held behind closed doors.
On August 30, judge Anatol Sotnikau of the Homieĺ Regional Court sentenced 19-year-old Illia Verameyeu to six and a half years in prison for several messages in Telegram chats posted in February of this year. The man was accused under two articles of the Criminal Code: Part 1 of Art. 14, Part 1, Art. 293 (attempt to organize riots) and Part 1 of Art. 130 (inciting other social discord). The messages were Verameyeu’s reaction to Russia’s aggression in Ukraine, including from the territory of Belarus.
On September 1, judge Iryna Uladyka of the Homieĺ Regional Court sentenced 31-year-old political prisoner Viktar Kulinka to three years in prison. He was accused of “assisting extremist activity” under Art. 361-4 of the Criminal Code. Uladyka sent a photo of a Russian military convoy to the Telegram channel “Belaruski Hajun”.
On September 7, judge Anatol Sotnikau of the Homieĺ Regional Court sentenced political prisoner Aleh Khramykh to 3 years and 6 months in prison under Parts 1 and 2 of Art. 361-4 of the Criminal Code, “assistance to extremist activity”.
In March, in Homieĺ, Khramykh saw Russian military vehicles heading towards the city center, filmed it, and some time later sent photos, videos, a text description and the characteristics of military equipment and its geolocation to a Telegram channels labelled as “extremist”, at least 8 messages in total. The man explained his act by saying that he saw a banner on the Internet calling on Belarusians to save the Ukrainians, clicked on it and ended up in the Telegram channel, after which he sent the above photos and videos to a chat bot.
On September 16, the Viciebsk Regional Court delivered a verdict in a criminal case of “deliberate actions aimed at inciting ethnic and other social hatred or discord”, “preparing to commit an act of terrorism” and “deliberately rendering communications equipment unusable”. The accused was political prisoner Siarhei Kanavalau. The trial was conducted behind closed doors by judge Yauhen Burunou. Kanavalau is a former employee of the Belarusian Railways. He was arrested on March 6 for “preparing an act of terrorism.” According to the Ministry of Internal Affairs, the man allegedly planned to disable systems that ensured the safety of railway traffic. According to human rights activists, the charges stemmed from a series of acts aimed to bloc Belarusian communications for Russian trains carrying military equipment and cargo.
On August 3, during a street concert in central Minsk, singer Meryem Herasimenka performed a song by the Ukrainian band Okean Elzy. The performance was cheered by numerous spectators who published videos on social media, often with yellow and blue stickers and other signs of support for Ukraine. This angered the propagandists, and, as a result, the singer was sentenced to a term of administrative imprisonment. The artist eventually faced criminal charges and was called a political prisoner.
These and other cases form an objective understanding of the striking difference between the positions of the Belarusian authorities and Belarusian citizens regarding the war and Belarus’s participation in it.
Persecution of journalists and pressure on the media
Ongoing repression aims to destroy independent sources of unbiased information. 30 journalists and media workers are still held in custody.
On September 14, the Hrodna Regional Court sentenced political prisoner Dzinis Ivashyn to 13 years and 1 month in prison. He was also ordered to pay 4,800 rubles. In addition, Ivashyn, who has been behind bars for 18 months, must pay moral compensation to nine “victims” of 2,000 rubles each. He was charged under Art. 365 (interference in the activities of an internal affairs officer) and Part 1 of Art. 356 of the Criminal Code (high treason). The verdict was passed by judge Valery Ramanouski. The trial lasted a month behind closed doors, as the hearings featured “data constituting a state secret.”
Journalist Yauhen Merkis was arrested in Homieĺ on September 13. His apartment was searched. The following morning, Merkis was placed in a detention center, and security officials raided the apartment of the journalist’s father. A laptop and phones were seized. The search warrant mentioned Part 1 of Art. 361 of the Criminal Code, “calls for restrictive measures (sanctions), other actions aimed at causing harm to the national security of the Republic of Belarus”. The charges provides for up to six years in prison.
On September 23, the Minsk City Court began considering the criminal case against journalist, editor of the Ezhednevnik outlet Siarhei Satsuk. The journalist is charged under three articles of the Criminal Code: Part 2 of Article 430 (taking a bribe), Part 2 of Article 130 (inciting other social hatred), and Part 2 of Article 426 (abuse of power or official authority). Before the trial, the journalist spent 10 months in pre-trial detention.
On September 28, the Minsk City Court sentenced a former journalist of the state-owned Belteleradio company Kseniya Lutskina to 8 years in prison. Lutskina was accused of “conspiracy or other actions committed to seize state power” (Part 1 of Article 357 of the Criminal Code). The charges were heard by judge Tatsiana Falkouskaya. After the presidential elections, Lutskina joined the strike of the holding’s employees, and then left the position of a correspondent for the Belarus 2 TV channel and joined the main composition of the opposition Coordination Council. Later, Kseniya said that, together with other journalists who chose to resign, they planned to create “alternative television” on YouTube. The project was developed, among other things, with the participation of the Press Club Academy. The first broadcasts were recorded, and the launch was scheduled for January 2021.
Persecution of lawyers
The pressure on lawyers and advocacy is growing. 67 lawyers have been deprived of their licenses or expelled from local bars, while many are prosecuted in criminal and administrative cases. At least seven lawyers are currently in prisons: Maksim Znak, Vital Brahinets, Aliaksandr Danilevich, Anastasiya Lazarenka, Yuliya Yurhilevich, Dzmitry Pihul, Maksim Makarau and Anastasiya Sahanovich.
