Bialiatski: “Criminalizing aid to victims of political repression is immoral and inhumane”
The hearings in the criminal case against Viasna chairman and Nobel Peace Prize laureate Ales Bialiatski, his deputy and FIDH vice-president Valiantsin Stefanovic, the coordinator of the Human Rights Defenders for Free Elections campaign Uladzimir Labkovich, and human rights defender Zmitser Salauyou continue in the Lieninski District Court of Minsk for the third week. Currently, the court is considering the written materials of the case—213 volumes of the case out of 284 have already been read in court. We tell you what happened at the trial of Viasna human rights defenders last week.
“Let them explicitly say that Viasna is an organized criminal group, otherwise it is not clear who we are”
- Viasna leadership in the dock. January 2023.
The written materials of the case include a large number of documents related to the activities of the Viasna Human Rights Center, as well as data from the State Border Service on the foreign travel of Viasna members since 2016. However, as Ales Bialiatski points out, the prosecution did not provide any information that the 89 people identified in the investigation were not traveling for personal reasons, but were moving money across the border. The defendants call this a "speculation of the investigation". In addition, the Viasna chairman points out to the court that the documents presented never mention that Labkovich, Stefanovic, and he himself in any way organized the movement of cash across the customs border. Neither from the testimonies of the witnesses, nor from the correspondence, nor from any other evidence provided by the investigation.
"Let them explicitly say that Viasna Human Rights Center is an organized criminal group and then examine our activities in the corresponding proceedings, otherwise it is not clear who we are," Ales Bialiatski told the court.
“Withdrawal and receipt of money is a speculation of the investigation and nothing else”
The head of Viasna actively comments on the prosecution's evidence. For example, he commented on the foreign trips of Viasna members Alena Laptsionak, Aliaksei Kolchyn, and Andrei Paluda, which were mentioned in court:
“For the majority of Viasna members, there are no records of money in their possession when they crossed the border. Therefore, we can assume that the information about the withdrawal and receipt of money is a speculation of the investigation and nothing more, it is not confirmed by anything. People have not been questioned, and those who have been questioned have not confirmed that the money was brought.”
Human rights defender Nasta Loika was questioned during the investigation as a suspect in this case. She refused to testify about the activities of Viasna and its members. At the same time, she denied that any funds had been transferred to her across the border. Nevertheless, she appears in the indictment as a member of an "organized group", namely for "smuggling by an organized group" (part 4 of article 228 of the Criminal Code).
"It is strange to hear that I allegedly wanted to confuse the investigation and pass off this money as my own"
- Uladzimir Labkovich in court.
Uladzimir Labkovich drew the court's attention to the fact that the case file contains a large number of documents without signatures and seals. However, they constitute the evidentiary basis of the case.
Labkovich also noted that it is incorrect to consider applications for financial support as evidence in the case because it does not mean that the support was actually received.
In addition, the lawyer recalled the incident at the Minsk airport, which happened to him and Valiantsin Stefanovic on their return from Georgia on July 4, 2021, 10 days before the arrest.
“An absurd story happened on July 4, 2021, when I was detained at the Minsk airport on my return from Georgia and sent to customs control. I had 2,520 euros with me. At the trial, we listened to the recording of the customs officer's interrogation, who conducted my personal search and made no remarks at that time. Following the July 4 incident, in correspondence with Stefanovic, I deeply regret that my salary was taken from me and I literally have nothing to live for—it was two weeks before I was detained. And it is strange to hear that I allegedly wanted to confuse the investigation and pass off this money as my own,” Labkovich told the court.
He also pointed out that he declared this money and paid taxes on it. However, the money was seized and admitted as physical evidence.
- Valiantsin Stefanovic with his legal counsel in court.
“Applying the Criminal Code against charitable assistance to each other is anti-human”
According to the indictment, between May 2020 and July 14, 2021, the defendants deliberately prepared citizens to participate in group actions that grossly violated public order. In addition, under the guise of human rights and charity activities, including on behalf of Viasna and the unregistered foundation BY_HELP, they financed such actions and provided other material support, the prosecution said. In particular, human rights defenders are accused of paying fines and reimbursing expenses for paying fines to other people, paying bills for meals in places of administrative detention, and paying lawyers for the defense in court.
Ales Bialitski was outraged that human rights defenders were accused of helping people. He said:
"It is immoral and inhumane to criminalize assistance to victims of political repression, which suddenly appeared after May 2020. Part 2 of Article 342 of the Criminal Code has not changed, it has been like this for many years. Humanitarian aid to the affected people has suddenly been interpreted under this article since May 2020. So this criminalization is arbitrary. [...]
It is in the tradition of the Belarusian people to help people in need. To interpret the Criminal Code in such a way as to apply it against charitable assistance to each other is anti-human".
“They are violating my rights as a Belarusian-speaking citizen of the Republic of Belarus”
- Ales Bialiatski in court.
Meanwhile, Ales Bialiatski continues to ask the prosecutor and the court to conduct the trial in Belarusian and to ask him questions in Belarusian. As before, they refuse. He commented:
“I consider this as contempt for the Belarusian language on the part of the court and the prosecutor's office. They are violating my rights as a Belarusian-speaking citizen of the Republic of Belarus.”
