The trial in absentia of Sviatlana Tsikhanouskaya starts in Minsk

On January 17, the trial in absentia of Sviatlana Tsikhanouskaya, Pavel Latushka, Volha Kavalkova, Maryia Maroz, and Siarhei Dyleuski begins in the Minsk Municipal Court. Judge Piotr Arlou will consider their case. All defendants are abroad. Altogether they were charged under 12 criminal articles.

Sviatlana Tsikhanouskaya is accused under 10 articles of the Criminal Code:

• Preparation for takeover of buildings and structures (Part 1 of Article 13 and Part 1 of Article 292)
• Preparation for participation in riots (Part 1 of Article 13 and Part 2 of Article 293)
• Conspiracy to seize power in an unconstitutional way (Part 1 of Article 357)
• Сreation and leadership of an extremist formation (Parts 1 and 2 of Article 361-1)
• Calls for actions/sanctions aimed at causing harm to the national security of the Republic of Belarus (Part 3 of Article 361)
• Incitement to hatred (Part 3 of Article 130)
• High treason (Part 1, Article 356)
• Organization and management of the unauthorized assignment of the rank and power of an official (Part 4 of Article 16 and Article 382)
• Obstruction of the exercise of electoral rights, the right to participate in a referendum (Part 2 of Article 191)
• Other training of persons to participate in group actions that grossly violate the public order (Part 4 of Article 16 and Part 2 of Article 342)

Pavel Latushka is charged with committing eight crimes:

• Conspiracy to seize power in an unconstitutional way (Part 1 of Article 357)
• Calls for actions/sanctions aimed at causing harm to the national security of the Republic of Belarus (Part 3 of Article 361)
• Сreation and leadership of an extremist formation (Parts 1 and 2 of Article 361-1)
• Incitement to hatred (Part 3 of Article 130)
• Organization and management of the unauthorized assignment of the rank and power of an official (Part 4 of Article 16 and Article 382)
• Obstruction of the exercise of electoral rights, the right to participate in a referendum (Part 2 of Article 191)
• Excessive exercise of authority or official powers
  (Part 3 of Art. 426)
• The taking of bribes (Part 3 of Art. 430)

Volha Kavalkova will be tried under five criminal articles:

• Conspiracy to seize power in an unconstitutional way (Part 1 of Article 357)
• Calls for actions/sanctions aimed at causing harm to the national security of the Republic of Belarus (Part 3 of Article 361)
• Сreation and leadership of an extremist formation (Parts 1 and 361-1 of Article 361-1)
• Incitement to hatred (Part 3 of Article 130)
• Obstructing the exercising of electoral rights and the right to participate in a referendum (Part 2 of Article 191)

Siarhei Dyleuski is accused of four criminal articles:

• Conspiracy to seize power in an unconstitutional way (Part 1 of Article 357)
• Calls for actions/sanctions aimed at causing harm to the national security of the Republic of Belarus (Part 3 of Article 361)
• Сreation and leadership of an extremist formation (Parts 1 and 361-1 of Article 361-1)
• Incitement to hatred (Part 3 of Article 130)

Maryia Maroz is charged under seven criminal articles:

• Preparation for takeover of buildings and structures (Part 1 of Article 13 and Part 1 of Article 292)
• Preparation for participation in riots (Part 1 of Article 13 and Part 2 of Article 293)
• Conspiracy to seize power in an unconstitutional way (Part 1 of Article 357)
• Other training of persons to participate in group actions that grossly violate the public order (Part 4 of Article 16 and Part 2 of Article 342)
• Incitement to hatred (Part 3 of Article 130)
• Calls for actions/sanctions aimed at causing harm to the national security of the Republic of Belarus (Part 3 of Article 361)
• Сreation and leadership of an extremist formation (Parts 1 and 361-1 of Article 361-1)

Special criminal proceedings against the defendants who are outside Belarus were initiated by the Investigative Committee on October 20, 2022. On November 30, the case was transferred to the Prosecutor General for referral to court.

On January 11, 2023, Sviatlana Tsikhanouskaya made a request to the Minsk Municipal Court to be granted access to the materials of her case. She also informed the court that she would use her right to a lawyer. Tsikhanouskaya also wrote to Minsk City Bar Association and Belarusian Republican Bar Association that she wanted to contact her assigned lawyer and work out the position of the defense.

The democratic leader emphasized that she considers the procedure of court proceedings in absentia to be a violation of fundamental human rights and freedoms.

Pavel Latushka refused the lawyer assigned to him. The Investigative Committee is trying to create the appearance of legitimacy, but it is not succeeding, Latushka argued. He also demanded a copy of the order on the institution of criminal proceedings or recognition as a suspect. He did not receive any relevant documents in response.

Special proceedings – criminal proceedings against persons who are outside Belarus and who fail to appear before a body conducting criminal proceedings.