No fewer than 88 political prisoners tried multiple times
Since 2020, tens of thousands of Belarusians have been victims of the horrific repression that the authorities have organized on a daily basis. Thousands of people have been convicted in criminal cases. But sometimes the persecution does not end with the trial — people continue to be harassed in detention centers and while serving home confinement sentences. One form of harassment is the initiation of new criminal proceedings against those who have already been convicted. Since 2020, no less than 88 Belarusians are known to have received new political sentences. The release therefore no longer means hope for a free life for some political prisoners. Viasna HRC analyzed the prosecution of political prisoners in new cases. Below, you can find a report on those additional sentences.
- Illustration by Volha Prankevich
At the moment there are 1,476 political prisoners in Belarus, and this number is increasing weekly. But in total, at least 3,800 people have faced criminal prosecution in almost three years.
According to Viasna human rights defenders, no fewer than 88 people have been convicted in new criminal cases, which resulted in harsher sentences. Some Belarussians have been tried three, four, or even six times for political "crimes".
Often, the grounds for new cases are "insulting Lukashenka" (Article 368 of the Criminal Code) or "insulting an official" (Article 369 of the Criminal Code). Also, more and more often, upon arrival at correctional facilities, criminal cases are brought against prisoners for "persistent defiance to the orders of the administration of a correctional facility" (Article 411 of the Criminal Code). This article allows the authorities to indefinitely prolong prisoners' sentences. According to human rights defenders, 20 political prisoners have been prosecuted under this article in the last two years, three of them twice.
At least 13 women convicted in new cases, with five sent to prison
- Ihar and Yuliya Laptanoviches with children
Among those sentenced for political reasons are 13 women. Five of them are in prison.
For example, political prisoners Palina Sharenda-Panasiuk and Viktoryia Kulsha were initially sentenced to two and two and a half years in prison respectively in politically motivated cases. Later, criminal cases were filed against them for "persistent defiance to the prison authority's orders" (Article 411 of the Criminal Code). The court added another year to their sentences and they were sent to a women's correctional facility for repeat offenders. They were again prosecuted under Article 411 and have been held in punishment cells for months.
“The release is increasingly elusive. I don’t understand how people can get out at all,” Viktoryia commented in a letter on the opening of the new case.
Retired Alena Hnauk is another woman who was charged with "defiance to prison authority's orders". In June 2022, she was sentenced to three and a half years in prison and placed in a punishment cell and secure housing unit upon transfer to the correctional facility. The convict is now awaiting trial under Article 411.
Yuliya Laptanovich, a mother of many children from Pružany, was initially convicted in the "circle dance case" initiated after a protest rally on 13 September 2020 in Brest. A few months after the verdict, Yulia was detained in a new criminal case. She was eventually sentenced to five years in prison under six articles of the Criminal Code, including "facilitating extremist activity". The Supreme Court commuted her sentence by three months. Yulia's husband Ihar Laptanovich is also a political prisoner — he received two and a half years in prison in the "circle dance case". There are three children in the family.
Katsiaryna Bakhvalava (Andreyeva), a Belsat TV journalist, was sentenced to a total of eight years and three months in prison. Together with journalist Darya Chultsova, she was accused in a criminal case of organizing actions grossly violating public order (Article 342 of the Criminal Code) for broadcasting the violent dispersal of demonstrators by security forces in Minsk on 15 November 2020. They were sentenced to two years in prison for this. On 7 April 2022, it became known that the journalist faced a new charge of "high treason" (part 1 of Article 356 of the Criminal Code). Details are unknown as the trial was held behind closed doors.
Released to be rearrested
- Aliaksandr Kazakevich
Ex-political prisoner Aliaksandr Kazakevich was re-arrested in a new criminal case a week after his first trial.
On 19 July 2022, Aliaksandr was sentenced to a year and a half of home confinement. Judge Volha Dubovik found him guilty under Art. 369 of the Criminal Code (insulting an official). After three months in detention, Kazakevich was released in the courtroom.
However, on July 26, Aliaksandr was arrested again. Two months later, the Court of Maladziečna and Maladziečna District found the political prisoner guilty of "insulting an official". Aliaksandr was sentenced to a cumulative term of two years of home confinement.
Political prisoner Vera Valnistaya was detained on 6 June 2022. On 8 August, the Centralny District Court of Minsk found her guilty under Article 369 of the Criminal Code and sentenced her to two years of home confinement and material consideration of $400 to the injured person.
However, she was not released, but rearrested instead in a criminal case under Article 342 of the Criminal Code (active participation in actions that grossly violate public order). On 8 September, the political prisoner received a cumulative sentence of three years of home confinement and was released in the courtroom.
Siarhei Kabzenka was first arrested on 5 October 2022 and detained for 10 days for "distributing extremist content." He was further detained in a criminal case. At the end of December, Siarhei was convicted under the wide-sweeping article for participation in post-election protests. The outcome of the trial is unknown to human rights activists, but presumably, he was sentenced to restricted freedom.
On 26 January 2023, the young man was arrested again. Allegedly, for having posted a humorous ad in a district chat room describing the "distinctive features" of Lukashenka as a wanted person, reported Nasha Niva. Now Siarhei is charged with Part 2 of Art. 367 of the Criminal Code (defamation of Lukashenka) and Part 1 of Art. 368 of the Criminal Code (insulting Lukashenka). On 30 March, Judge Siarhei Katser started hearing the case of Kabzenka in the Maskoŭski District Court of Minsk.
On 1 June 2022, Biaroza District Court sentenced Yury Yudchyts to two years of home confinement for insulting the head of the Juvenile Liaison Office of the Biaroza Police Department. The defendant stood trial before his first working day at a new job. The man lost his last job after a previous criminal investigation: on 23 March, he was sentenced to three months in jail for insulting a police officer. As soon as Yury was released, a new criminal case was initiated against him again.
Mikalai Kazlou is a Belarusian politician and chairman of the United Civil Party. On 6 August 2021, he was sentenced to three months in jail for disclosing information about the investigation into the case of the Coordinating Council. He was kept in the remand prison in Baranavičy from 28 December 2021 to 26 March 2022.
On 27 July 2022, he was arrested again along with other UCP members. He was accused of participating in the March of New Belarus in Minsk in 2020 (Article 342 of the Criminal Code). On 3 November 2022, Mikalai was sentenced to two and a half years of imprisonment. He made a strong last statement.
Political prisoner Artsiom Anishchuk was convicted on 25 July 2022 in the Leninski District Court of Mahilioŭ in a new criminal case for insulting a police officer in a closed Telegram chat room. Artsiom was to have been released on 29 June 2022 after serving his full term in the case of damaging the car of a Department of Corrections officer, but instead, he was taken into custody in a new criminal case under Article 369 of the Criminal Code. Artsiom pleaded not guilty in court and stated that the new criminal case was a revenge of the warden of Correctional Facility #15, where the convict had been tortured and beaten. As a result, Judge Ksenia Nikifarava sentenced the political prisoner to a total of three years in prison, two of which he had served.
Some are tried more than twice
- Vasil Dzemidovich
Aleh Zakharchanka was convicted as many as six times for insulting police officers and a judge. The last sentence was handed down in May 2022. "Insulting" comments about a military officer and a policeman were the reason for the criminal case. As a result, the Partyzanski District Court of Minsk gave him a final sentence of two and a half years of restricted freedom.
40-year-old political prisoner Ivan Zianko has already been tried three times for political reasons. In March 2021, Ivan was found guilty under three articles of the Criminal Code and sentenced to five years of imprisonment.
In January 2022, Zianko became a defendant in a criminal case under Article 342 of the Criminal Code for his participation in the August 2020 protests. In July, Ivan was escorted back to Škloŭ Penitentiary #17. Almost immediately he was placed in a punishment cell for "disorderly conduct." The facility administration then placed Ivan in a secure housing unit and initiated a criminal case under Article 411 of the Criminal Code. On 9 November 2022, Judge Aliaksandr Tarakanau sentenced Ivan to one more year of imprisonment in addition to his previous sentence.
Drahičyn District Court is considering the third criminal case against Vasil Dzemidovich, a 70-year-old retired "terrorist". He is accused under Article 369 of the Criminal Code (insulting an official).
Earlier Dzemidovich was sentenced to six years in prison for insulting an official, a judge, and Aliaksandr Lukashenka and organizing mass riots. He then got another sentence extension under Article 369 of the Criminal Code.
At the end of June, the KGB put Vasil on its "terrorist list" — now he is the oldest Belarusian "terrorist". Because of this, he is not allowed to receive money transfers and there is no one to support Vasil.
At the end of January, the Leninski District Court of Hrodna started considering the third criminal case against Baranavičy activist Uladzimir Hundar. He is accused of insulting prosecutor Ludmila Herasimenka who represented the prosecution at the previous trial of Hundar in the "Autukhovich case".
His first criminal trial took place in May 2021. He was charged under Article 366 of the Criminal Code (assault on a policeman). On 20 May 2021, Brest Regional Court sentenced Hundar to three years of imprisonment. The consideration of the "Autukhovich case" began on 18 May 2022 in Hrodna remand prison. Hundar was sentenced to 18 years in prison and a fine of $10,210.
In April 2022, Iryna Stashkevich, a 55-year-old single mother from Minsk, was sentenced to two years of home confinement by the Centralny District Court of Minsk. It was her fourth trial under Art. 369 of the Criminal Code (insulting an official): she was charged with leaving "insulting" comments about Mr. Parshyn, the head of GUBOPIK police directorate, Yauhen Kalesenia, a Maladziečna inspectorate officer, and policeman Vital Kuliashou. Five years ago All-National TV broadcast a story about Iryna Stashkevich: the woman took custody of the daughter of her diseased neighbor. The trial was held behind closed doors, so the details of the case are unknown. The case was again considered by Judge Dzmitry Karsiuk. Her cumulative sentence was two and a half years of home confinement.
In December 2021, Viktoryia Budzkina was convicted in Mahilioŭ under Article 369 of the Criminal Code. It was the third criminal case against the woman under this article. Each time she was tried for insulting Minsk police officers. As a result, cumulatively on three counts, she was sentenced to one year and six months of restricted freedom in an open-type correctional facility.
Arrested while serving time in an open-type correctional facility
- Dzianis Hrakhanau Photo: spring96.org
On 15 February 2022, political prisoner Dzianis Hrakhanau was detained by the KGB in a correctional facility near Kamianiec, where he was serving a sentence for making political graffiti on a square in Minsk. The political prisoner was charged under Article 368 of the Criminal Code (insulting Lukashenka).
He spent five months in Homieĺ pre-trial detention center before the trial. At the request of the prosecutor, the trial was closed for the public almost immediately. On 5 July 2022, Judge Volha Tserakhava cumulatively sentenced Hrakhanau to one year and seven months of imprisonment.
Political prisoner Heorhi Vasilenka was also detained during the raid of law enforcement officers in that correctional facility. He was serving his sentence for taking down the national flag from the flagpole and lifting the white-red-white flag instead. He was then accused of insulting Lukashenka (part 1 Article 368 of the Criminal Code). The court gave him a final sentence of one year and seven months in prison.
Yury Paliukhovich has already been tried three times under defamation articles. First, he was sentenced to three years of home confinement for "insulting a police officer," and a few weeks later the second count of insulting three more police officers was considered. The cumulative sentence was handed down — three years of restricted freedom in an open-type correctional facility.
But while he was serving his term, a criminal case was brought against him under Article 364 of the Criminal Code (assault or threat of assault on a police officer), article 369 of the Criminal Code (insulting an official), and Article 391 of the Criminal Code (insulting a judge). On 22 December 2022, judge Viktoryia Shabunia set a final penalty of five years of restricted freedom in an open-type correctional facility.
