Human rights defenders update the list of political prisoners with 17 new names

Joint statement by the Belarusian human rights community

August 29, 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:

At the moment, we know about the following persons imprisoned for having allegedly insulted Mr. Aliaksandr Lukashenka, police officers, judges, desecrated state and state symbols, and exercised their freedom of opinion in other forms:

1. Mr. Barys Vitko was convicted of “insulting a judge” under Article 391 of the Criminal Code and detained for “insulting the president” under Article 368 of the Criminal Code.
2. Mr. Mikhail Litvak was convicted of “insulting a government official” under Article 369 of the Criminal Code and sentenced to 12 months of imprisonment in a penal colony.
3. Mr. Siarhei Adaska was convicted of “insulting a government official” under Article 369, “insulting the president of Belarus” under Article 368, and “desecrating state symbols” under Article 370 of the Criminal Code. He was sentenced to two and a half years of imprisonment in a penal colony.
4. Mr. Aleh Prakapchuk was convicted of “insulting a government official and the president of Belarus” under Articles 369 and 368 of the Criminal Code. He was sentenced to imprisonment in a penal colony.
5. Mr. Valeryi Khamenka was convicted of “inciting hatred” against Russians with his comments condemning pro-Russian propaganda under Article 130 of the Criminal Code. He was sentenced to two and a half years of imprisonment.
6. Mr. Aliaksei Kharseyeu 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.
7. Ms. Yuliya Kolas was placed in custody on charges of “insulting a government official” under Article 369 of the Criminal Code.
8. Mr. Yahor Zhukau was placed in custody and sentenced to three months of imprisonment for “desecrating state symbols.”
9. Mr. Aliaksandr Pabiarzhyn was convicted of “insulting a government official and the president” under Articles 369 and 368 of the Criminal Code and sentenced to 18 months of imprisonment in a penal colony.
10. Mr. Yauhen Kholadau was convicted of “insulting the president” under Article 368 of the Criminal Code and sentenced to imprisonment in a penal colony.
11. Mr. Andrei Khalupka was convicted of “insulting the president” under Article 368 of the Criminal Code and sentenced to 12 months of imprisonment in a penal colony.
12. Mr. Siarhei Korsak was convicted of “insulting the president” under Article 368 of the Criminal Code and sentenced to 12 months of imprisonment in a penal colony.
13. Mr. Aliaksandr Bireta was convicted under Articles 369, 368, 188 (“slandering”), and 367 (“slandering the president”) for his online comments. He was sentenced to 24 months of imprisonment in a penal colony.
14. Mr. Aliaksandr Kulikou was convicted of “slandering and insulting the president” under Articles 367 and 368 of the Criminal Code. He was sentenced to three years of imprisonment in a penal colony.
15. Mr. Siarhei Safronau was convicted of “insulting a government official and the president of Belarus” under Articles 369 and 368 of the Criminal Code and sentenced to 12 months of imprisonment in a penal colony.
16. Mr. Valeryi Krantsevich was convicted of “insulting a government official” under Article 369 of the Criminal Code and sentenced to 24 months of freedom restriction. He has been started serving his term.
17. Mr. Aliaksei Afanasyeu was convicted of “insulting a government official and the president of Belarus” under Articles 369 and 368 of the Criminal Code and sentenced to 12 months of imprisonment in a penal colony.

We consider the persecution and imprisonment of the named individuals to be politically motivated, related to the peaceful exercise of expressing thoughts, and consider them political prisoners per paragraph 3.1(a) of the Guidelines on the Definition of Political Prisoners. We demand from the Belarusian authorities:

• Immediately release the political prisoners Mr. Barys Vitko, Mr. Mikhail Litvak, Mr. Siarhei Adaska, Mr. Aleh Prakapchuk, Mr. Valeryi Khamenka, Mr. Aliaksei Kharseyeu, Ms. Yuliya Kolas, Mr. Yahor Zhukau, Mr. Aliaksandr Pabiarzhyn, Mr. Yauhen Kholadau, Mr. Andrei Khalupka, Mr. Siarhei Korsak, Mr. Aliaksandr Bireta, Mr. Aliaksandr Kulikou, Mr. Siarhei Safronau, Mr. Valeryi Krantsevich, and Mr. Aliaksei Afanasyeu and stop their criminal prosecution against them.
• Adopt measures aimed at the decriminalization of defamation offenses and repeal the articles of the Criminal Code that provide liability for insulting the state and state symbols, namely Articles 188, 189, 361, 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

Human Constanta

Lawtrend

Legal Initiative

Barys Zvozskau Belarusian Human Rights House

PEN Belarus