Human Rights Situation in Belarus: December 2022

Summary:

• during the month, the human rights situation in Belarus continued to deteriorate; the authorities still routinely used criminal and administrative charges for political reasons;
• there are 1,448 political prisoners, as of December 31; the number is growing; in December, the country’s human rights community recognized 40 more people as political prisoners;
• the date was set for the start of the trial of the tree leaders of the Human Rights Center “Viasna” held in pre-trial detention on trumped-up arbitrary charges: chairman of the organization Ales Bialiatski, member of Viasna’s board, Vice-President of the International Federation for Human Rights (FIDH) Valiantsin Stefanovich, and a lawyer, coordinator of the campaign “Human Rights Defenders for Free Elections” Uladzimir Labkovich. Marfa Rabkova, coordinator of Viasna’s network of volunteers, and volunteer Andrei Chapiuk, earlier sentenced to 15 and 6 years in prison, respectively, are awaiting an appeal review of their criminal case; a member of the Human Rights Center "Viasna", head of the Center for Strategic Litigation Leanid Sudalenka is serving his sentence in a penal colony;
• people are still widely arrested for exercising their civil rights; 290 persons were arrested in December as part of administrative procedures. Viasna became aware of more than 185 cases of politically motivated administrative persecution. In 26 cases, people were sentenced to administrative fines, and in more 77 cases – to short terms of administrative imprisonment;
• evidence of torture and prohibited types of treatment is still documented in the course of politically motivated criminal investigations;
• the trend of persecution for views, beliefs or protest activity under the guise of combating extremism and terrorism has been further developing;
• on December 8, Viasna received the Dutch Human Rights Tulip award at a ceremony in The Hague;
• on December 10, the Nobel Peace Prize was awarded in Oslo. On behalf of one of this year’s laureates, Belarusian political prisoner Ales Bialiatski, the medal and diploma were received by his wife Natallia Pinchuk, who also gave a Nobel lecture. The Belarusian authorities did not give the laureate the opportunity to take part in the ceremony;
• on December 16, human rights activist, chairman of the Belarusian Helsinki Committee Aleh Hulak died in Vilnius. Hulak devoted his entire life to promoting the ideals and values of human rights, developing and consolidating Belarusian civil society institutions, finding ways to influence the policy of the Belarusian authorities to improve the situation with respect for human rights, liberating political prisoners.

Politically motivated persecution and political prisoners

As throughout the year, the de facto authorities of Belarus continued the large-scale and systematic persecution of dissidents and opponents of the government, as well as participants in the 2020 protests.

The House of Representatives (the lower chamber of the Parliament of Belarus) in the first reading adopted the bill “On Amendments to the Codes of Criminal Responsibility”, which provides for the introduction of the death penalty for “treason against the state” by a government official or a member of the armed forces (Part 2, Article 356 of the Criminal Code). The Criminal Code will also include penalties for discrediting the armed forces, promoting terrorism, and violating requirements for the protection of state secrets.

The practice of “trials in absentia” (special proceedings in criminal cases) continues. These criminal cases are heard without the defendants, which ultimately deprives them of their fundamental rights, including under the international obligations of Belarus, including the right to defense, laying the grounds for unfair verdicts.

People targeted in politically motivated cases become victims of violations of procedural rights, including on the territory of the Russian Federation.

For those sentenced to restriction of their freedom without imprisonment (“home confinement”), the harshness of restrictions continues to increase: the convicts are subject to more inspections and are entitled to less free time.

Criminal prosecution remains the most common type of repression. However, administrative charges are still used as a form of pressure on activists and human rights defenders, particularly by imposing several consecutive terms of administrative imprisonment. 290 people were reportedly arrested in December as part of administrative procedures. In total, more than 185 people eventually faced administrative charges, according to Viasna’s estimates: 26 fines were imposed, sentences of administrative imprisonment were ordered in 77 cases.

40 people were recognized as political prisoners in December 2022. In total, as of December 31, 1,448 people were on the lists of political prisoners. Since the launch of the 2020 election, human rights defenders have documented more than 2,500 convicts and a total of more than 3,500 other people (suspects, accused or convicted) targeted in politically motivated criminal cases.

In December, three people who faced administrative persecution for the purpose of politically motivated pressure were added to the list of political prisoners – Uladzislau Bahamolnikau, Volha Anishchuk and Nasta Loika (later Loika and Bahamolnikau faced criminal charges). They were each sentenced to a series of repeated terms of administrative imprisonment and, therefore, their detention is comparable in length to a criminal sentence.

Also in December, 19 people were recognized as political prisoners (statements of December 23 and December 27) after facing criminal charges of “group actions that grossly violate public order” (Part 1, Article 342 of the Criminal Code) in a criminal case involving an “unspecified group of persons” for their participation in the 2020 protests. In total, under this article, more than 680 people were recognized as political prisoners, 400 of whom are still imprisoned. In such cases, the human rights community repeatedly stressed that the majority of demonstrations were peaceful and did not pose a threat to national or public security, and therefore there are no grounds for persecuting their participants.

The list of political prisoners includes 12 people (statements of December 22 and December 23) convicted or taken into custody on defamatory charges (insulting representatives of the authorities), i.e. for non-violent actions for expressing an opinion. Eight detained people were recognized as political prisoners after facing criminal charges of “inciting social enmity or discord” (Article 130 of the Criminal Code). This article is selectively and discriminatorily applied by the courts to protect the institutions of power, when representatives of law enforcement and security agencies are described as the affected vulnerable group.

Seven people were recognized as political prisoners in cases of “extremist” (creation, participation or financing of extremist formations). The Ministry of Internal Affairs and the KGB extrajudicially arbitrarily blacklist individuals united by public or political interests, which leads to arbitrary prosecution and imprisonment as a disproportionate measure of restriction of the right to association and freedom of expression.

The persecution of the human rights community continues. In the Viasna case, the date of the trial has been set for the political prisoners Ales Bialiatski, Valiantsin Stefanovich and Uladzimir Labkovich, as well as Dzmitry Salauyou, who escaped imprisonment by fleeing Belarus. The first hearing will be held on January 5.

Viktar Matskevich, the lawyer of Ales Bialiatski and other political prisoners, was not certified by the qualification commission of the Ministry of Justice, which means that he will not be able to continue defending the rights of prisoners during the investigation and consideration of cases in court.

Leanid Sudalenka, Viasna member and head of the Center for Strategic Litigation, Marfa Rabkova, coordinator of Viasna’s network of volunteers, and Andrei Chapyuk, a Viasna volunteer, continue to be held in prisons.

At the end of the month, it became known that Human Constanta human rights defender Nasta Loika, who was earlier sentenced to five 15-day terms of administrative imprisonment during the fall, faced politically motivated criminal charges, including “organizing group actions that grossly violate public order” (Article 342.1 of the Criminal Code).

Torture and inhumane treatment

The practice of torture and cruel, inhumane treatment of persons arrested as part of criminal and administrative cases does not stop and does not decrease in its scale.

The Civic Solidarity Platform’s Working Group on the Fight against Torture presented its third Torture Index. The 2021 Torture Index provides data on seven countries of the OSCE region: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia and Ukraine. As in previous measurements, Belarus is the last, with the worst indicators.

Towards the end of 2022, Viasna prepared a number of publications summarizing cases and practices of inhumane treatment known to human rights defenders:

on the findings of experts regarding the situation with the fight against torture in Belarus;

on the torture of political prisoners;

on the conditions of detention.

In December, former political prisoner Aliaksandr Andrushkevich told about his violent arrest, beatings, and inhuman conditions of detention at a police station and in a pretrial detention prison. A woman detained for participating in the 2020 protests spoke about the conditions of her stay in a pre-trial detention prison and the terrible state of prison health care.

A man arrested in a criminal case in 2022 told about the unbearable conditions of detention in the temporary detention facility and the Center for the Confinement of Offenders in Akrestsin Street in Minsk and torture by employees of the GUBAZIK department.

Artsiom Chabatareuski told about his arrest at a peaceful assembly in 2021, and humiliating and inhuman conditions of treatment in the Akrestsin Street facilities. Also, a former inmate told about the inhumane conditions of treatment, overcrowded cells and insults in the detention facilities, who also described the torture of human rights defender Nasta Loika.

The Minsk Regional Court, in a closed court session, convicted Vital Melnik, a member of the anti-war movement known as “rail partisans”. During arrest, he was shot in the knees, but it is not known that there was any investigation on the proportionality of the violence used. Melnik was eventually sentenced to 22 years in prison.

The practice of recording “repentance videos”, in which detainees confess to actions that the authorities consider to be offenses, does not stop. It is known that at least 52 people were victims of this outrageous practice in December.

Freedom of association

Criminal prosecution continues against members of civil society organizations, trade unions, other initiatives and private media.

On December 26, the Minsk City Court handed down a verdict in the criminal case involving activists of the Belarusian Congress of Democratic Trade Unions: Aliaksandr Yarashuk, his deputy Siarhei Antusevich and accountant Iryna But-Husaim. They were accused of actions that “grossly violate public order” (Part 1, Art. 342), while Yarashuk faced additional charges of “calling for restrictive measures and other actions aimed at harming the national security of the Republic of Belarus” (Part 3, Art. 361). Yarashuk was eventually sentenced to four years of imprisonment, Antusevich – two years, and But-Husaim – one year and six months of imprisonment. Earlier, the Supreme Court officially dissolved the trade union association allegedly over violations of the Constitution.

The persecution of the rock band TOR BAND (the band authored several iconic protests songs of 2020) continues. Its members Dzmitry Halavach and Yauhen Burlo were sentenced to 15 days of administrative imprisonment for the third time in a row.

The criminal case of the representatives of the Coordination Council was forwarded by the Investigative Committee to the prosecutor’s office. The case against the largest Belarusian media outlet TUT.BY was referred to the court by the prosecutor’s office.

Five defendants in the case of “Civil Self-Defense Forces of Belarus” were sentenced to 13 to 20 years in prison.

The House of Representatives received a draft of the Law “On Amendments to the Legislation on the Activities of Political Parties and Other Public Associations”, which proposes to amend the Law “On Public Associations” and the Law “On Political Parties”. In particular, at least 5,000 founders (members) will be required for the creation and operation of a political party, which significantly (fivefold) increases the already extremely high number of founders required for party registration.

Political parties registered before the entry into force of this Law will have to provide the Ministry of Justice with the documents necessary for re-registration, taking into account the requirements of the new law, within three months, or enforce self-dissolution. Most likely, this will mean the elimination of all opposition parties, which, due to the long period of repression and persecution, are unlikely to be able to meet the necessary requirements for re-registration.

Violations of freedom of peaceful assembly

The courts do not stop prosecuting the participants in the peaceful protests of 2020.

On December 2, judge Yuliya Chyzh of the Frunzienski District Court of Minsk sentenced political prisoner Valiantsin Mitskevich to three years of “home confinement” under part 1 of Art. 342 of the Criminal Code (organization and preparation of actions that grossly violate public order, or active participation in them).

On December 6, the court of the Partyzanski district of Minsk sentenced a married couple, Darya and Mikhail Sudnik, to three years of “home confinement” each under Article 342 of the Criminal Code. They were held in custody before the trial. The two were accused of “blocking roads” at a demonstration in 2020.

On December 28, political prisoner Kseniya Kotava was convicted in the court of the Lieninski District of Minsk under Part 1 of Art. 342 of the Criminal Code. Judge Maryna Klimchuk sentenced the young woman to two years of “home confinement”.

Violations of freedom of expression

The fight against expression of opinions under the guise of fighting extremism and terrorism continues and is being consolidated both at the legislative level and at the level of law enforcement.

The authorities continue not only to routinely blacklist individuals, information products, communities, etc., but also adopt new repressive legislation. On December 14, a draft law on amending the Law “On Citizenship” was adopted, which will establish the possibility of the authorities to deprive Belarusians of their citizenship on the basis of a court sentence for so-called “extremist activity”.

Both international treaties and the current Constitution guarantee Belarusians the right to express their opinions in any form and in any way. The main international treaty for Belarus is the International Covenant on Civil and Political Rights, which also stipulates what restrictions on freedom of expression are permissible. They must be provided for by law that meets international human rights standards and are necessary in a democratic society: (a) to respect the rights and reputation of others; or (b) to protect public security or public order (ordre public), or public health or morals.

According to these requirements, the actions of the Belarusian authorities cannot be considered permissible.

On December 23, the Biaroza District Court sentenced Piotr Piatrusha under Art. 341 of the Criminal Code (vandalizing structures and damage to property) to six months of imprisonment for spray-painting white-red-white stripes on power transmission poles, two public transport shelters and a road sign.

On December 30, the Minsk City Court handed down a verdict in the criminal case of Dmitrijs Mihailovs, who was charged with a number of “protest offenses”. The 44-year-old citizen of Latvia with a temporary registration in the Minsk region was accused of “calling on social media for restrictive measures aimed at harming the national security of Belarus” (Part 3 of Article 361), “inciting other social enmity” (Part 2 of Art. 130), “insulting a representative of the government” (Article 369) and “insulting the president” (Parts 1 and 2 of Article 368).

The authorities continue to crack down on people who oppose the Russian aggression against Ukraine. For example, in December, it became known about the verdict of November 24 by the Brest Regional Court in an “espionage” case in favor of Ukraine. Ukrainians Mykhailo Stoliarchuk and Dmytro Hudyk were tried for “collecting data on military equipment and facilities in Belarus on the instructions of the Security Service of Ukraine”, according to the indictment. The state TV channel ONT aired a propaganda report about several detained Belarusians who wanted to join other volunteers fighting in Ukraine.

On December 23, the Minsk Regional Court convicted political prisoner Yahor Lebiadok under Parts 1 and 2 of Art. 361-4 of the Criminal Code (assistance in extremist activities) for an interview with an independent media outlet, which the authorities arbitrarily recognized as an “extremist organization”. Judge Alena Misnik sentenced the military expert to 5 years in prison.

In December, the Ministry of Internal Affairs once again updated the “List of Belarusian citizens, foreign citizens or stateless persons involved in extremist activities”. At the end of the month, there were 2,263 people on the list. The authorities added 204 new names to the list during the month.

In particular, among the new entries are IT worker Darya Famichonak, husband and wife Viktar and Iryna Arekhau, director of an architectural bureau Kanstantsin Vysochyn, former activist of the BPF’s Youth Arseni Dziadok, as well as 20-year-old Danuta Peradnia, who was sentenced to six and a half years in prison for reposting “extremist content”, a “railway partisan” Siarhei Hlebka, cousin of politician Pavel Latushka, Anatol Latushka, Dzianis Salmanovich and others.

Starting January 1, those who were tried under the protests-related charges will not be able to work as tour guides. This is determined by the government’s Resolution No. 839 of December 7.

The new rule affects guides who have administrative convictions under Art. 19.11 (distribution of extremist content), Art. 24.23 (unauthorized picketing) and Art. 24.22 of the Administrative Code (distribution of knowingly false information by mass media that disgraces the honor and dignity of the president).

In November, historian Ihar Khmara was convicted under Art. 342 of the Criminal Code after arranging an excursion in Minsk. Tour guides Aksana Mankevich and Valeryia Charnamortsava are awaiting trial in detention, facing charges under Article 342 of the Criminal Code.

In December, the authorities recognized 44 information products as “extremist”.

Among the new entries are Telegram channel “Minsk 97%”; the book “Interpretation of the Last Verses of the Noble Qur’an, and Important Questions that Concern the Muslim”; a VKontakte community “Free Zhlobin”; the website, social media accounts and logo of the KYKY.ORG outlet; as well as several other Telegram, YouTube, Odnoklassniki, TikTok and Instagram accounts.

The New Belarus platform was also blacklisted as “extremist”, although the list of “extremist content” does not yet feature any publications by the platform.

Another new entry is a group of people united under the name of “Vestniki”. The group consists of several online outlets. In October, security forces reported the arrest of the alleged editor and author of the Vestniki online network.

After February 8, Belarusian citizens will no longer be able to submit their complaints to the UN Human Rights Committee.

The death penalty

The House of Representatives of the National Assembly of Belarus in the first reading adopted the draft law “On Changes to the Codes of Criminal Responsibility”, which provides for the introduction of the death penalty for treason committed by a government official or a member of the armed forces (Part 2 of Article 356 of the Criminal Code).