Statement on recognition of 13 people as political prisoners

Statement by the human rights community of Belarus

February 23, 2023

We, representatives of the human rights community in Belarus, note that criminal liability for “incitement to other social hatred” under Article 130 of the Criminal Code (hereafter CC) has been selectively and discriminatorily applied by both the investigators and courts in an apparent attempt to protect the state bodies. Moreover, it seems unreasonable to label government officials, police officers, military personnel, etc. as separate social groups falling under protection in this context.

We continue to insist on the inadmissibility of the application of the law protecting government officials, law enforcement officers and judges from threats in connection with the lawful performance of their official duties, to punish those citizens who spoke out in connection with the clear violation of the Constitution and the law by representatives of state institutions, the involvement of government officials, prosecutors, and judges in the process of torture and in creating an atmosphere of impunity for torture and other gross violations of human rights, often having the signs of crimes against humanity.

We have information about the following:

Viktar Savashevich was convicted under Part 3 of Article 130 of the CC (Incitement to other social hatred), Part 6 of Article 16, and Part 3 of Article 130 of the CC to eleven years of imprisonment in a penal colony for the creation and administration of a Telegram channel which provided the data of Belarusian judges guilty of repression, as well as for the support of other protest Telegram channels' activities;

Aliaksandar Sazanau and Yauhen Vasileusky were convicted in a closed court session under Part 1 and Part 2 of Article 203-1 of the CC (Unlawful acts in relation to privacy and personal data), Part 1 of Article 352 of the CC (Illegal acquisition of computer information), Part 2 of Article 426 of the CC (Abuse of power or official authority), respectively, to three and two years of imprisonment with a fine for sharing data about persons involved in repression to protest information resources;

Nikita Karpenka was convicted for comments on the Internet in a closed court session under Part 1 of Article 130 and Part 2 of Article 367 of the CC (Defamation of A. Lukashenka) to two years of imprisonment in a penal colony;

Maksim Yarashenka was sentenced for comments on the Internet under Part 1 of Articles 130, 369 of the CC (Insulting a government official), 391 of the CC (Insulting a judge) to one year and 6 months of imprisonment in a penal colony;

Kanstantyn Khanin was sentenced under Part 1 of Article 130 of the CC to two years and 6 months of imprisonment in a correctional colony for comments on the Internet;

Andrei Bykau was convicted for a publication on the Internet under Part 3 of Article 361 of the CC (Calls for restrictive measures (sanctions), Part 1 of Articles 130, 369, Part 2 of Article 367, Part 1 and 2 of Article 366 of the CC (Threat against an official), Part 2 of Article 368 of the CC to five years in a penal colony with a fine.

Detention is unreasonably applied to opponents of the authorities in the absence of sufficient grounds for the use of a preventive measure restricting personal freedom: as the UN Human Rights Committee notes, "detention in the form of a preventive measure should be reasonable and necessary in all circumstances." "The detention of persons awaiting trial should be the exception, not the rule ... release from such detention may be made conditional on the provision of guarantees of appearance at the trial, appearance at the trial at any other stage and (if necessary) appearance for the execution of the sentence. This proposal concerns persons awaiting trial on criminal charges, that is, after the indictment, but a similar requirement covering the period before the indictment follows from the prohibition of arbitrary arrest… The application of pre-trial detention to suspects and accused persons should not be a common practice. Detention should be based on a case-by-case decision that it is justified and necessary, taking into account all the circumstances, for purposes such as preventing escape, interfering with the process of collecting evidence or recidivism… The relevant factors should be prescribed in the law and should not contain vague and broad standards, such as "public danger"... pre-trial detention should be applied not on the basis of a possible sentence for an imputed criminal act, but on the basis of determining the need for this measure of restraint."

In particular, Sviatlana Bychkouskaya had been for a long time incarcerated in a pre-trial detention center on charges under Article 130 of the CC for sharing data on persons involved in repression with protest information resources;

Andrei Ruskikh has been detained under Articles 130 and 368 of the CC and has been held for a long time in a pre-trial detention center on charges of inciting social hatered and insulting A. Lukashenka for comments on the Internet;

Dzmitry Lahutsienka was taken into custody as a result of a provocation in an Internet chat on charges of inciting other social hatered; now is held in a pre-trial detention center;

Vasil Yarmakou was taken into custody on charges under Articles 130, 352, Part 2 of Article 203-1 for sharing the data of persons involved in repression to a protest Telegram channel; he has been held in a pre-trial detention center for a long time;

Pavel Rakotsa was taken into custody for comments on the Internet on charges under Articles 369, 130 Part 1, 368 Part 1 of the CC; he has been held in a pre-trial detention center for a long time;

Andrei Shkliar was taken into custody on charges of treason against the state and disclosure of data from the preliminary investigation or a closed court session and has been in jail since December 2021.

Having studied these criminal prosecution cases, we concluded that all of them are politically motivated. The court decisions were made for political reasons in violation of the fundamental principles of fair justice.

We emphasize once again that in a number of the abovementioned cases, the nature of the acts of the accused was the result of numerous and widespread human rights violations by the authorities, the lack of freedom of expression, and caused by the lack of investigation of crimes against peaceful protesters and other victims of cruel treatment and torture, disappointment with the authorities’ reluctance to use the force of law to protect citizens’ violated rights in the absence of conditions for a democratic and constitutional change of government in fair elections.

According to the Guidelines on the Definition of Political Prisoners, a person deprived of liberty is to be regarded as a political prisoner, if at least one of the following criteria is observed:

• a) the detention has been imposed in violation of the right to a fair trial, other rights and freedoms guaranteed by the International Covenant on Civil and Political Rights or the European Convention for the Protection of Human Rights and Fundamental Freedoms;

• d) the person has been detained in a discriminatory manner as compared to other persons.

We, representatives of the Belarusian human rights community, declare that Viktar Savashevich, Aliaksandar Sazanou, Yauheny Vasileusky, Nikita Karpenka, Maksim Yarashenka, Kanstantyn Khanin, Andrei Bykau, Sviatlana Bychkouskaya, Andrei Ruskikh, Dzmitry Lahutsienka, Vasil Yarmakou, Pavel Rakotsa, Andrei Shkliar are recognized as political prisoners. We demand that the Belarusian authorities:

1. review the sentences passed against the mentioned political prisoners while exercising the right to a fair trial and eliminating the factors that affected the qualification of actions, the type, and severity of punishment;

2. release the mentioned political prisoners by taking other measures to ensure their appearance in court;

3. immediately release all political prisoners, review politically motivated sentences, and end political repression against citizens.

Human Rights Center Viasna;

Legal Initiative;

Belarusian Helsinki Committee;

Office for the Rights of People with Disabilities;

PEN Belarus

Barys Zvozskau Belarusian Human Rights House