Human Rights Situation in Belarus: July 2023

Summary:

• the profound human rights crisis continues to shape the situation in Belarus; the authorities’ repressive policies include arbitrary arrests, sentencing, torture and other forms of prohibited treatment of political opponents and dissidents;
• as of the end of July, there were 1,488 political prisoners in Belarus; during the month, the country’s human rights community designated 42 more people as political prisoners;
• five members of the Human Rights Center "Viasna" continue to serve their sentences: chairman of the organization, Nobel Peace Prize laurate Ales Bialiatski, member Viasna’s Board, Vice-President of the International Federation for Human Rights (FIDH) Valiantsin Stefanovic, lawyer, coordinator of the “Human Rights Defenders for Free Elections” campaign Uladzimir Labkovich, coordinator of Viasna’s network of volunteers Marfa Rabkova, and volunteer Andrei Chapiuk;
• human rights defender Nasta Loika was sentenced to seven years in prison on arbitrary politically motivated charges and is in a pre-trial detention center awaiting an appeal hearing;
• arbitrary repression continues against individuals exercising their civil rights; in July, Viasna became aware of at least 350 cases of persecution as part of administrative proceedings, including at least 260 cases heard in court. The judges ordered at least 55 terms of administrative imprisonment and 34 fines; the rest of the charges are unknown. Almost a third of those subjected to repression are women;
• Viasna’s human rights defenders continue to regularly identify and document facts of torture and prohibited types of treatment committed in the course of investigations of politically motivated criminal cases, and in administrative proceedings;
• an annual session of the OSCE Parliamentary Assembly, which was held from June 30 to July 4, adopted the Declaration and Resolution in support of democratic Belarus; the Belarusian regime was called upon to cancel the sentences of all those persecuted for political reasons, including Sviatlana Tsikhanouskaya, Pavel Latushka, Ales Bialiatski, Valiantsin Stefanovic, Uladzimir Labkovich, Andrzej Poczobut and Ihar Losik; parliaments in the OSCE region have called to support political prisoners through non-governmental organizations such as Viasna, to seek their release and to promote support schemes that protect the families, property and health of prisoners;
• UN Special Rapporteur for Belarus Anaïs Marin presented her new report at the 53rd session of the UN Human Rights Council. She noted that the “precarious human rights situation in Belarus has deteriorated further.” On July 13, at the Council’s 53rd session, a resolution on the human rights situation in Belarus was considered and adopted. The resolution provides for the renewal of the mandate of the Special Rapporteur on human rights in Belarus for one year and calls on the authorities to engage with the expert and return to dialogue, as well as to provide the Rapporteur an opportunity to visit Belarus and to communicate with stakeholders in the government and the civil society;
• Viasna became a laureate of the prestigious United Nations Human Rights Award for 2023. The 2023 award ceremony will take place at the UN Headquarters in New York in December 2023 as part of the Human Rights Day events.

Political prisoners. Persecution of human rights defenders

As of the end of July, there were 1,488 political prisoners in Belarus, including 165 women. More than 900 political prisoners have been released after serving their entire sentences, being amnestied or pardoned. During the month, human rights defenders designated 42 more people as political prisoners.

In total, Viasna is currently aware of more than 3,550 persons convicted in politically motivated criminal trials; at the end of February, Prosecutor General Andrei Shved announced that since 2020, the courts had considered almost 3,000 “extremist” cases against 3,645 people, 62% of whom (about 2,250) were sentenced to imprisonment and custodial restriction of freedom.

On July 11, Belarusian artist and political prisoner Ales Pushkin died in the intensive care unit of a hospital in Hrodna. It was reported that untimely and unprofessional medical care by the staff of prison No. 1 resulted in peritonitis, a septic condition and multiple organ dysfunction syndrome. The country’s human rights community issued a statement in which it demanded that the authorities conduct an objective and comprehensive investigation to determine the causes of this tragedy and inform the public about its results, as well as take measures to prevent such cases in the future. This is the third known death of political prisoners in Belarusian penitentiaries. These cases, as well as the suicide of Dzmitry Dudoidz, a person sentenced for political reasons to restriction of freedom, remained without a proper investigation and legal assessment. The authorities continue to detain hundreds of people with serious health problems, including disabilities, among those arbitrarily convicted for political reasons. There is a serious threat to their life and health, and their detention often results in prohibited treatment.

There is still no exact information about the well-being of several well-known opposition politicians, whom the authorities are keeping in strict isolation, including by blocking their correspondence, depriving of the right to telephone conversations and visits, including meetings with lawyers. Their family members, as a result, have no information about their state of health: Maryia Kalesnikava and Mikalai Statkevich have been kept incommunicado for more than five months, Siarhei Tsikhanouski for more than four months, Viktar Babaryka for more than three months. According to the administration of the Navapolack penal colony, Babaryka was placed in cell-type premises (solitary confinement). Calls and visits are prohibited from there. It is, however, unknown for what and for how long the political prisoner was penalized.

Human rights defender and pro-democracy activists possess information about similar situations with other political prisoners; almost all of them are significantly limited in correspondence and meetings with relatives and lawyers.

For more than two years, Viasna’s Valiantsin Stefanovic, Uladzimir Labkovich and Ales Bialiatski have been held in custody. The Observatory for the Protection of Human Rights Defenders, a joint project by the International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT), on July 12 in Paris presented a report describing violations at the trial of the three Viasna leaders, including FIDH Vice President Stefanovic, and activist Dzmitry Salauyou, who was tried in absentia. The report was prepared, among other things, on the basis of information from two secret missions of judicial observation conducted by the Observatory.

Marfa Rabkova, coordinator of Viasna’s network of volunteers, and Andrei Chapiuk, a Viasna volunteer, continue to be held in prison. Leanid Sudalenka was released from prison after spending two and a half years in prison.

Political prisoners continue to be subjected to severe pressure while in penitentiaries.

The Babrujsk District and City Court, in a closed court session, heard the criminal charges against political prisoner Siarhei Franchuk, who was accused of “insulting Lukashenka” under Part 1 of Art. 368 of the Criminal Code. Another six months were added to Franchuk’s initial sentence, resulting in the total term of three and a half years in prison.

On July 16, political prisoner Ryhor Kastusiou called his wife and said that he had not only been deprived of visits, but also his personal notes were taken from him, including a notepad and addresses for correspondence.

Anarchist political prisoner Aliaksandr Frantskevich, earlier sentenced to 16 years and 9 months in prison, was once again penalized by confinement in a punishment cell. The political prisoner has been continuously kept in the ShIZO since March 28.

Political prisoners Kiryl Kazei and Artur Zhvirydouski are also often placed in the ShIZO.

On June 6, the Hrodna Regional Court upheld the sentence of political prisoner Uladzimir Hundar, 20 years in prison. Hundar’s wife was allowed to see the prisoner, but did not manage to do it because of his quick transfer to prison. In his latest letter, Uladzimir wrote that he had already been sent to a punishment cell twice: first for four days, and two days after his release, for another three days. He believes that in the near future he will again be confined to a ShIZO several times, after which he will be sent to a maximum-security prison.

Judge Volha Balyka of Navapolack ordered to transfer political prisoner Aleh Rubets to prison No. 8 in Žodzina. In total, he was kept in a punishment cell for almost 200 days over the past year.

Political prisoner Uladzimir Harokh has lost a lot of weight and is losing his teeth. He is worried about his knee joints, too. He became so thin and weak that he has had to walk holding on to the walls, hrodna.life reported. Harokh spent the whole winter in the ShIZO. Over the past six months, he was only allowed to receive one package from his family.

The Babrujsk District and City Court convicted political prisoner Yauhen Prapolski of a new criminal offense. Judge Pavel Kartsinin found the political prisoner guilty under Art. 411 of the Criminal Code (blatant disobedience to the requirements of the administration of the colony) and sentenced him, in addition to the initial eight years, to another year and a half of imprisonment.

Yauhen Zashchytau, who is serving a politically motivated sentence, in addition to his initial term, was sentenced on July 13 by judge Viktoryia Paliakova of the Lieninski District Court of Mahilioŭ under Part 1 of Article 411 of the Criminal Code for another 6 months in prison. The political prisoner’s total term is three years and six months.

On July 25, political prisoner Aleh Yafremenka was convicted by the court of the Horki district in his third criminal trial. Yafremenka was again accused under Part 1 of Art. 411 of the Criminal Code. Judge Alena Varabiyova sentenced him to one more year of imprisonment. Previously, security measures were upgraded for the political prisoner: in September 2021, Yafremenka was transferred to a maximum-security prison in Mahilioŭ. The Horki Court added a year to the prisoner’s term for “disobedience” to the administration of the Mahilioŭ prison.

In total, at least 27 political prisoners were arbitrarily sentenced to additional terms of imprisonment under Article 411 of the Criminal Code

Violations of freedom of peaceful assembly. Suppression of freedom of expression

The authorities continue their politically motivated prosecution of 2020 protesters, with about 470 people known to have been convicted in 2023, sometimes in combination with other charges of protest activity.

On July 10, the Frunzienski District Court of Minsk convicted five people of participation in the 2020 post-election protests: Uladzimir Hanusevich, Aliaksandr Konanau, Albert Harbuz, Siarhei Hlinski, and Maksim Stashulionak. They were found guilty under Part 1 of Art. 342 of the Criminal Code (participation in actions grossly violating public order). Judge Yuliya Krepskaya sentenced them to a year in prison each. All the defendants were held in custody pending trial.

The Žlobin District Court convicted a participant in the post-election protests, Palina Kib, on charges under Part 1 of Art. 342 of the Criminal Code (active participation in actions that grossly violate public order). Since March 14, she has been placed in custody. The court sentenced the woman to one year and six months of home confinement. On April 10, her husband, Dzmitry Kib, was also convicted.

The courts hand down disproportionate sentences for statements against government officials: Dzianis Salahub was convicted under part 1 of Art. 368 (insulting Lukashenka), Art. 369 (insulting a representative of the authorities), and part 1 of Art. 342 (organization and preparation of actions that grossly violate public order, or active participation in them) of the Criminal Code. Judge Natallia Kozel sentenced Salahub to two years of imprisonment, a fine of 3,700 rubles and compensation for non-pecuniary damage to the victims of 4,500 rubles.

Aleh Kardash was convicted by the Baranavičy District Court on July 6. He was accused of “insulting Aliaksandr Lukashenka” (part 1 of Article 368 of the Criminal Code) and “vandalizing buildings and damage to property” (Article 341). In February 2023, he spray-painted several slogans on the walls of a residential building. The graffiti allegedly contained insults against Lukashenka. The case was considered by judge Aksana Litvinchyk, who sentenced Kardash to one year and six months in prison.

The Luniniec District Court convicted Dzmitry Safanovich. The case was considered by judge Sviatlana Bratanava. Safanovich was accused of writing messages in a Telegram chat back in the fall of 2020 calling to block traffic. According to the prosecution and the court, in this way Safanovich “called for active participation in group actions in the Luniniec district, grossly violating public order,” i.e. committed a crime under Part 1 of Art. 342 of the Criminal Code. Safanovich was also accused under Part 1 of Art. 367 of the Criminal Code (“public slander against Lukashenka”). As a result, the defendant was sentenced to two years in prison.

The authorities are also targeting other forms of expression.

Mikhail Antsipau was accused of “vandalizing state symbols” (Article 370 of the Criminal Code). The Ukrainian national was turned in by his mother. On the night of March 20, the man reportedly removed four flags from government buildings in the town of Lošnica. He also allegedly damaged the flags and broke the poles. As a result, the court sentenced him to one year and six months in prison.

On July 5, judge Uladzimir Areshka of the Minsk Regional Court sentenced political prisoner Eduard Babaryka, who has been held in custody for more than three years, to eight years in prison. He was convicted under Part 3 of Art. 130 (inciting other social hatred), Part 2 of Art. 243 (tax evasion), and Part 6 of Art. 16 and Part 1 of Art. 342 of the Criminal Code (complicity in the organization of actions, grossly violating public order). The time spent in the KGB pre-trial prison until December 14, 2021, that is, a year and a half, was not counted as part of the sentence served. It was then that Eduard named a suspect in a new criminal case in which he was eventually convicted. Prior to that, he was kept for 18 months on charges under Part 2 of Art. 243 of the Criminal Code (“tax evasion, which caused damage on an especially large scale”). Thus, Babaryka Jr. was kept in custody longer than the term provided for by the Code of Criminal Procedure, while the investigators used a manipulative technique that arbitrarily exploits the gaps and shortcomings of the procedural legislation, namely by brining a new charge to replace the initial one.

Administrative persecution is still actively used for political reasons. In July, Viasna became aware of 350 cases of repression, as well as at least 260 cases of politically motivated administrative proceedings in court. Judges appointed at least 55 terms of administrative imprisonment and 34 fines; the rest of the penalties are unknown. Almost a third of the repressed (61 people) are women.

For example, in Minsk, on July 10, police officers arrested and administratively charged Liudmila Slutskaya. On the same day, the e Frunzienski District Court of Minsk sentenced the woman to 13 days in prison under Art. 19.11 of the Code of Administrative Offenses (distribution, production and storage of extremist materials). The case was considered by judge Kiryl Palulekh.

A parishioner of the Light of Truth church Maksim Dubrouski was arrested on July 18. He spent the night in a temporary detention center, after which his case was considered by judge Viktoryia Shabunia of the Centraĺny District Court of Minsk. She found him guilty under Art. 24.3 of the Code of Administrative Offenses, “disobedience to a police officer,” and sentenced the father of four to 14 days of in prison.

Violations of rights and freedoms under the pretext of combating extremism and terrorism

The number of those arrested and convicted of participation in the activities of initiatives and organizations blacklisted as “extremist formations is steadily increasing. The same applies to persons accused of donating to these entities.

Political prisoner Andrei Famin was sentenced to seven years in prison under Part 3 of Art. 361 (calls for sanctions), Part 1 of Art. 342 (participation in actions grossly violating public order), and Part 3 of Art. 361-1 of the Criminal Code (creation of an extremist formation). Famin was reportedly targeted for editing a series of samizdat newspapers called “Vestniki”, which, a month and a half after the arrest, were designated as an “extremist formation.” The man was also accused of participating in a protest held on August 30, 2020. The verdict was delivered by judge Anzhela Kastsiukevich.

Dzmitry Sluk was convicted by the Zavodski District Court of Minsk on July 4 of “financing terrorist activities” under Part 1 of Art. 290-1 of the Criminal Code. On August 20, 2021, he allegedly transferred 2,160 US dollars to the cryptocurrency wallet of a protest community, arbitrarily designated as “terrorist”. Judge Dzmitry Astapenka sentenced him to eight years and six months in prison and a fine of 11,100 rubles.

Political prisoner Yury Adamau was sentenced to three years in prison on July 24, 2023 in the Minsk City Court. The case was heard by judge Dzina Kuchuk. The researcher was found guilty under Art. 361-2 of the Criminal Code (financing of extremist activities). The charge stemmed from his donations to the BYSOL and BY_help initiatives totaling $1,590.

On July 27, the Minsk City Court sentenced political prisoner Yauhen Verkhavodkin to seven years in prison on charges of administering a Telegram channel called “Chizhovka Čyžoŭka (Sem’ Chizhey InfoPole)”, earlier blacklisted as an “extremist group”. He was also found guilty of calling for sanctions.

In July, two more entities were designated as “extremist formations”. In total, the list contains 137 entries.

In July, 94 people were added to the list of people involved in “extremist activities”, which catalogues the names of those convicted of protest activities. The registry now features 3,086 names.

The list of “extremist materials” has been supplemented with numerous media products, all based on 58 court decisions.

Violations of the rights of journalists, media workers and bloggers

As of the end of July, 36 journalists and media workers were being held in penitentiaries or in pre-trial custody.

A journalist with the Polish news agency PAR was banned from entering Belarus for 5 years. Justyna Prus has been working in the country since 2016. Prus was in Belarus during the protests of 2020, and covered the migration crisis of 2021. The ban was issued by the KGB.

Journalist Ihar Karnei was arrested in Minsk on criminal charges.

Journalist Pavel Mazheika was sentenced to six years in prison under Part 2 of Art. 361-4 of the Criminal Code for “other assistance to extremist activity committed repeatedly by a group of persons by prior conspiracy”. The political prisoner was convicted of sharing information with Belsat TV.

On July 27, the Homieĺ Regional Court opened the trial of journalist Larysa Shchyrakova. She is accused under Art. 369-1 of the Criminal Code (discrediting the Republic of Belarus) and Parts 1 and 2 of Art. 361-4 of the Criminal Code (assistance to extremist activity and the same action committed repeatedly). The trial will be held behind closed doors.

Torture and other cruel, inhuman or degrading treatment or punishment

The right not to be subjected to torture and other cruel, inhuman or degrading treatment in Belarus is systematically violated during arrest, administrative imprisonment, and in various penitentiaries. Former prisoners tell about torture and other types of prohibited treatment.

The security services continue the practice of recording humiliating videos with confessions of persons arrested for attending protests or commenting online. In particular, the GUBAZiK department arrested two people in Minsk for participating in the 2020 protests. During the arrest, one of them was forced to kneel, handcuffed, and wrapped in a white-red-white flag. Condoms were put on his head, and dildos were placed in his shorts.

The security forces are targeting Belarusians for having protest tattoos. A man in Kamianiec was forced to get rid of a tattoo depicting the Pahonia coat-of-arms. The news was shared by pro-government Telegram channels, featuring a confession video.

GUBAZiK also forced a girl to “fix a tattoo of an oppositional nature,” namely the three symbols of the democratic movement of 2020 – a heart, a fist and a V sign. In a video confession, the girl was forced to say that “she no longer adheres to any political views.”

Political prisoner Palina Sharenda-Panasiuk, who is facing new criminal charges, was beaten while in penal colony No. 24. According to an ex-prisoner who saw Palina at the end of June in the pre-trial prison in Minsk, “her nose was bruised and she had black eyes.” This was reportedly done by other prisoners on the instructions of the prison administration. In addition, the political prisoner’s husband, Andrei Sharenda, said that in June, an ambulance was called to Palina and she was sent to the prison hospital after that. In his opinion, his wife could have been beaten at that time.

During a search on July 13-14 in the premises of the Minsk Cathedral, the security forces reportedly beat several priests. According to Belsat TV’s sources, one of the priests had a bruise on his face. According to @christianvision, Catholic priests were also beaten before. However, the ministers were not ready to make this information public or tell the details of what happened.

Violations of freedom of association

In July, the Supreme Court initiated a judicial procedure for the dissolution of seven out of 16 registered Belarusian political parties. Among them are four opposition parties: the Belarusian Green Party, the Belarusian Social-Democratic Hramada, the BPF Party, and the Conservative Christian Party – BPF.

On July 27, the Belarusian Green Party was closed down by a court decision. The order of the Supreme Court took effect immediately and is final, i.e. not subject to appeal.

Persecution of lawyers

On July 14, the qualification commission of the Ministry of Justice ruled to disqualify lawyers Maryna Varabiyova and Sviatlana Piatrouskaya, since their professional qualities were “insufficient”. The commission also said it could terminate the licenses of five more lawyers.

Lawyer Yuliya Yurhilevich was sentenced to six years of imprisonment under Part 2 of Art. 361-4 of the Criminal Code for “other assistance to extremist activity committed repeatedly by a group of persons by prior conspiracy.” The case was considered by judge Maksim Filatau of the Hrodna Regional Court. Yurhilevich and journalist Pavel Mazheika were put on trial for leaking information to Belsat TV. The investigation claimed that the lawyer told Mazheika in a telephone conversation about her dismissal from the bar and about the sentence to Ales Pushkin, and Pavel posted this information on Belsat TV’s page. Yurhilevich complained that she was being held in “inhuman conditions” and was not allowed to see the case files. Yuliya was brought to the trial in handcuffs, which were only removed during the hearing.

Support by the Belarusian authorities for the aggression of the Russian Federation, war criminals, persecution for supporting Ukraine and anti-war position

At the invitation of Aliaksandr Lukashenka, members of the Russian private military company Wagner Group arrived in Belarus. The mercenaries were allowed to be based at a former military unit in the Mahilioŭ region.

The activities of the Wagner Group PMC were previously the subject of an investigation by UN human rights experts. Russian mercenaries committed numerous human rights violations during their participation in the conflict in Libya, some of which can be qualified as war crimes or crimes against humanity. Such conclusions were reached by an independent investigative mission working in Libya under the auspices of the UN Human Rights Council in October 2021. Russian mercenaries who fought for the government army in the Central African Republic are accused of robbery, rape and murder between 1 January and mid-April 2021, according to investigations by French Radio International (RFI), which cites stories from local residents and documents from a UN working group. In January 2023, members of the Working Group on Mercenaries, as well as the Special Rapporteurs on Counter-Terrorism, Torture, Women’s Rights, Enforced Disappearances and Minority Rights reported that, according to their information, for several days in early March 2022, the Malian armed forces, together with members of the Wagner Group, executed several hundred people in Mali. The head of a UN monitoring mission, Matilda Bogner, accused Wagner mercenaries of committing war crimes in Ukraine including the execution of Ukrainian prisoners of war.

“The lack of publicity and uncertainty about the legal status of the Wagner Group, coupled with the persecution of those who dare to speak out on this issue, create an atmosphere of terror and complete impunity for the crimes committed by the Wagner Group,” UN independent experts warned.

Thus, the deployment in Belarus of mercenaries accused of committing crimes against humanity is an act of ignoring the opinion of the international community and supporting committed war crimes. It confirms the validity of accusations of complicity in Russian aggression against Ukraine, and introduces a new element to security threats in Europe. On the other hand, it endangers the security of the citizens of Belarus, creates a threat to national security and sovereignty.

At the same time, the Belarusian authorities are mercilessly cracking down on manifestations of anti-war position, support for the struggle of the Ukrainian people and the army against the aggressor, in particular, only for their intention to join the military forces of Ukraine. It is worth noting that such persons cannot be charged with mercenarism, and they are prosecuted only for violating the formal ban on participating in a conflict on the territory of another state without the authorization of the Belarusian government. This prohibition is not clearly expressed in the criminal law, and its violation is a less serious crime, however, the perpetrators are punished with imprisonment. In particular, 23-year-old Vasil Yakimau was sentenced by judge Vasil Skok of the Hrodna Regional Court to two years in prison for “expressing a desire, and then indicating the intention to join one of the units of the Kastus Kalinouski battalion” (part 1 of Article 361-3 of the Criminal Code).

The death penalty

Belarusian human rights defenders took part in the workshop “Death is not Justice: Advocacy for the Abolition of the Death Penalty”, which was organized by the Council of Europe in cooperation with the non-governmental organization Together Against the Death Penalty (ECPM).

Viasna human rights activists joined the Tutaka festival in Poland to talk about the problem of the death penalty in Belarus.