Fifteen people recognized political prisoners
Joint statement by the Belarusian human rights community
February 16, 2023
The Belarusian human rights community notes an increase in the number of convictions and imprisonments under several defamation and desecration of state symbols articles of the Criminal Code of the Republic of Belarus, and for other actions aimed at the lawful exercise of the freedom of expression.
We demand to put an end to the persecution of legitimate expression of views and, reaffirming our repeated calls to decriminalize defamation and to refrain from imposing custodial sentences for insulting officials, the state, government agencies, and symbols (as mentioned in the Joint statement of December 22, 2020), note the following:
We have identified the following persons in custody or imprisoned for “insulting” Mr. Aliaksandr Lukashenka, government officials (police officers), judges, state symbols, and other manifestations of freedom of opinion:
Mr. Anatol Puhach was detained under Article 368 of the Criminal Code for “insulting the president of Belarus”.
Mr. Dzianis Khaukhanau was convicted of “insulting the president of Belarus” and sentenced to 14 months of imprisonment in a penal colony under Article 368 of the Criminal Code.
Mr. Anatol Liavonik was convicted of “slandering” and “insulting the president” under Part 2 of Article 367 and Part 2 of Article 368 of the Criminal Code respectively and sentenced to two and a half years of imprisonment in a penal colony.
Mr. Pavel Svirbutovich was convicted of “slandering” and “insulting the president” under Part 2 of Article 367 and Part 2 of Article 368 of the Criminal Code respectively and sentenced to two and a half years of imprisonment in a penal colony.
Mr. Andrei Matsonka was convicted of “insulting the president” under Part 368 of Article 368 of the Criminal Code and sentenced to 12 months of imprisonment in a penal colony.
Mr. Daniil Zayats was convicted of “organizing and preparing actions that grossly violate public order” under Part 1 of Article 342 of the Criminal Code, “insulting a government official” under Article 369 of the Criminal Code, and “threating violence to a police officer” in commentaries posted on internet under Article 364 of the Criminal Code and sentenced to 24 months of imprisonment in a penal colony.
Mr. Mikalai Karol was detained under Article 368 of the Criminal Code for “insulting the president of Belarus”.
Mr. Siarhei Audzeyeu was sent for compulsory treatment in a medical institution for “insulting the president” following a criminal trial under Article 368 of the Criminal Code.
Mr. Aleh Yushkevich was convicted of “insulting the president” under Part 1 of Article 368 of the Criminal Code, “insulting a judge” under Article 391 of the Criminal Code, and “insulting government officials” under Article 369 of the Criminal Code and sentenced to 24 months of imprisonment and a fine of 7,400 Belarusian rubles.
Mr. Vasil Trotski was convicted of “insulting a judge” under Article391 of the Criminal Code and “insulting government officials” under Article 369 of the Criminal Code and sentenced to 14 months of imprisonment and a fine of 1,100 Belarusian rubles.
Mr. Anatol Tseptsikau was convicted of “insulting the president of Belarus” under Part 368 of Article 368 of the Criminal Code and sentenced to 24 months of imprisonment in a penal colony.
Mr. Mikhail Kukharchuk was placed under house arrest under Article 368 of the Criminal Code for a comment about Mr. Lukashenka;
Ms. Liudmila Kohan was placed under house arrest under Article 341 of the Criminal Code for “damaging property” with inscriptions.
Mr. Mikhail Karpeshka was convicted of “insulting the president of Belarus” and sentenced to 18 months of imprisonment in a penal colony under Article 368 of the Criminal Code.
Mr. Maksim Zaitsau was convicted of “insulting the president” under Article 368 of the Criminal Code and “insulting a government official” under Article 369 of the Criminal Code and sentenced to 24 months of imprisonment in a penal colony.
We consider the persecution and imprisonment of the persons listed above politically motivated in nexus with the peaceful exercise of their views. Therefore, we recognize these persons as political prisoners per paragraph 3.1 (a) of the Guidelines on the Definition of Political Prisoners. We demand that the Belarusian authorities:
Immediately release the political prisoners Mr. Anatol Puhach, Mr. Dzianis Khaukhanau, Mr. Anatol Liavonik, Mr. Pavel Svirbutovich, Mr. Andrei Matsonak, Mr. Daniil Zayats, Mr. Mikalai Karol, Mr. Siarhei Audzeyeu, Mr. Aleh Yushkevich, Mr. Vasil Trotski, Mr. Anatol Tseptsikau, Mr. Mikhail Kukharchuk, Ms. Liudmila Kohan, Mr. Mikhail Karpeshka, and Mr. Maksim Zaitsau and stop the criminal persecution against them.
- Decriminalize defamation offenses and abolish the articles of the Criminal Code that institute liability for insulting the state and state symbols, namely Articles 188, 189, 367, 368, 369, 369-1, 370, and 391 of the Criminal Code, and drop all ongoing criminal cases under these articles.
- Immediately release all political prisoners and stop political repression.
Human Rights Center Viasna
Legal Initiative
Belarusian Helsinki Committee
PEN Belarus
Lawtrend
Barys Zvozskau Belarusian Human Rights House
Belarusian Association of Journalists
