Belarusian political prisoners in high-security prisons: pressure intensifies Updated

Politically motivated imprisonment with disproportionately high and excessive sentences are not the only method of the authorities' fight against Belarusians. If political prisoners end up in correctional facilities, the pressure on them continues: they are deprived of calls, visits, and care packages; they are placed in a punishment cell or Secure Housing Unit (SHU). Political prisoners are accused of numerous "violations", for which they are transferred to a high-security prisons or have new criminal cases initiated against them under Article 411 of the Criminal Code (persistent defiance of prison administration orders). According to human rights activists, as of July 30, 2024, at least 84 political prisoners were transferred to high-security prison and new criminal cases were initiated against another 46 people under Article 411 of the Criminal Code. Viasna reports how the administration of the correctional facilities punishes political prisoners and declares them "persistent violators of the order."

Author: Eya Mordyakova

At least 130 political prisoners had their conditions of detention worsened for "routine violation"

At the moment, Viasna human rights defenders know the names of 130 political prisoners punished by the administration of the colonies for "routine violation" and other fabricated offenses. Of these, the custodial control of 84 political prisoners was restricted, including Mikita Yemialyanau, Ihar Salavei, Tatsiana Kaneuskaya, Aliaksandr Kabanau, Andrei Seviartoka, Andrei Tsaronak, Ivan Viarbitski, Ihar Povarau, Siarhei Verashchahin, Mikhail Kalishuk, Andrei Khrenkou, Yauhen Petrachenka, Aleh Yafremenka, Aliaksei Melnikau, Siarhei Rymsha, Hleb Hatouka, Yauhen Afnahel, Yury Bialko, Aliaksandr Nurdzinau, Ihar Bukas, Yury Chudzinovich, Yauhen Kakhanouski, Yauhen Zashchytau, Aleh Rubets, Mikalai Dziadok, Uladzimir Kniha, Mikita Zalatarou, Ihar Alinevich, Siarhei Tsikhanouski, Dzianis Urad, Yauhen Kharashkevich, Eduard Palchys, Ihar Pyzhyanau, Dzmitry Sushchyk, Stsiapan Latypau, Dzianis Barsukou, Artsiom Sakau, Andrei Chudzinau, Dzmitry Papou, Ales Pushkin, Yegor Dudnikov, Uladzimir Tsyhanovich, Dzmitry Ivashkou, Viktar Shaur, Aliaksandr Rayentau, Aliaksandr Pinchuk, Uladzimir Matskevich, Dzmitry Kubarau, Uladzislau Karetski, Yauhen Rubashka, Uladzimir Harokh, Siarhei Kapanets, Pavel Seviarynets, Aliaksei Hameza, Aliaksandr Aranovich, Aleh Kanavalau, Andrei Sacheuka, Uladzimir Hundar, Yahor Liankevich, Aliaksei Khralovich, Raman Marusau, Pavel Rezanovich, Pavel Vinahradau, Uladzimir Zhurauka, Viktar Barushka, Siarhei Tratsiuk, Ryhor Kastusiou, Anatol Latushka, Ivan Zianko, Pavel Sava, Ryhor Hunko, Aliaksandr Kapshul, Aliaksandr Tsialeha, Aliaksandr Hashnikau, Yury Kastsiuk, Mikhail Laban, Yauhen Kombul, Ryhor Hunko, Yury Ziankovich, Viachaslau Sheliamet, Tsimur Ryzapur, Andrei Liubetski, Aliaksandr Kulikou, Dzmitry Sluk. Earlier, former political prisoner Natallia Hershe, who was released on pardon in January 2022, was transferred from a correctional facility to high-security prison. 

If before the events of 2020 in Belarus only two political prisoners were tried under Article 411 of the Criminal Code: Zmitser Dashkevich in 2012 and Mikalai Dziadok in 2015, now political prisoners Eduard Babaryka, Mikita Yemialyanau, Dzianis Dzikun,and Viktar Barushka were sentenced to two years of imprisonment under this article, as well as Dzmitry Karneyeu, who is also serving time for political reasons. Political prisoners Siarhei Dziatsuk, Ruslan Akostka, Ivan Zianko, Pavel Piaskou, Alena Hnauk, Vadzim Huseu, and Uladzimir Kniha were sentenced to a year of imprisonment in a correctional facility, and political prisoner Tsikhan Osipau was sentenced to additional seven months in prison and his custody control was changed from medium to high. Political prisoner from Minsk Andrei Navitski was sentenced to additional four months in prison and his custody control was changed from medium to high. Recently, Andrei was convicted for the second time in a row under Article 411 of the Criminal Code, but the trial result is still unknown. Political prisoner Yan Papkovich was sentenced to another three months of imprisonment and his detention security level was changed to a stricter one. Political prisoner Yauhen Zashchytau was sentenced to six months of imrisonment. Political prisoner Yury Kavaleu was prescribed compulsory treatment in a psychiatric hospital three days before his release from the correctional facility. Political prisoners Pavel Aucharou, Yauhen Prapolski, Aleh Rubets, and Siarhei Tsikhanouski were sentenced to another year and a half in a penal colony. Political prisoners Siarhei Yarashevich and Dzmitry Rezanovich were sentenced to nine more months of original sentence. Siarhei Ramanau was sentenced to 11 months in addition to 20 years of imprisonment. Also, the trials for "persistent defiance of prison administration orders" took place regarding Aliaksandr Zaikouski, Andrei Maslau, Yauhen Petrachenka, Maksim Matyrka, Aleh Kanavalau, Vadzim Tsahelnik, and Volha Mayorava, but the results are still unknown. Political prisoner Dzmitryi Sushchyk, who was re-detained directly after the expiration of his term under Article 411, was sentenced to one year and 15 days.

In June and July 2024, trials were held under Part 2 of Article 411 of the Criminal Code against Ruslan Volkau, Aliaksandr Frantskevich, Tsimur Ryzapur, and Mikita Zalatarou, but the results are still unknown. In August 2024, the trial of Yury Ziankovich will take place.

Moreover, it is known that political prisoner Zmitser Dashkevich, who was supposed to be released after the expiration of his term on July 11, 2023, was immediately re-detained as part of a new criminal case under Article 411 of the Criminal Code. On October 19, the Barysaŭski District Court sentenced him to another year in a correctional facility.

Palina Sharenda-Panasiuk was the first female political prisoner in Belarus to be convicted under this article. She was sentenced to two years of imprisonment and an additional year in a high-security prison. The woman is known to have another criminal case opened against her under this article. She received an additional year of imprisonment on October 9, 2023, bringing her total sentence to four years of imprisonment. On May 21, Palina was again not released at the end of her term: she was charged for the third time under Article 411 of the Criminal Code.

Political prisoner Viktoryia Kulsha was convicted twice in a year for "persistent defiance of prison administration orders." In total, she was sentenced to two more years of imprisonment.

It is also known about two trials under Article 411 of the Criminal Code against Ivan Viarbitski and Siarhei Yafimau, but the results of all trials are still unknown.

On August 15, 2022, the Leninski District Court of Mahilioŭ sentenced political prisoner Aleh Yafremenka to another year in a correctional facility under Article 411 of the Criminal Code in addition his initial term of four and a half years. Recently, a third criminal case was opened against him under the same article. On July 25, the political prisoner was sentenced to another year of imprisonment in Horki correctional facility.

Political prisoner Viachaslau Maleichuk was also convicted twice in a year for "persistent defiance of prison administration orders" and received three more years of imprisonment to a total of 22 years in a correctional facility.

In November 2023, another trial started for vlogger Uladzimir Tsyhanovich, the creator of the MozgON Youtube channel. He had already been sentenced to one year of imprisonment under Article 411 of the Criminal Code the previous year. During his three-month stay in Vaŭkavysk correctional facility No. 11, the administration initiated a second criminal case against him for "persistent defiance of prison administration orders." The new verdict is still unknown to human rights activists.

These political prisoners were put under pressure immediately after being transferred to the correctional facility. Some of them were not able to receive care packages before their transfer to high-secutrity prison because they were transferred to the Secure Housing Unit (SHU) almost immediately after the transfer. The administration of the prison creates unbearable detention conditions and then even worsens them by transferring inmates to the SHU with maximum restrictions, even depriving them of exercise hours. At the same time, political prisoners are accused of violations they never committed. It is almost impossible for prisoners to appeal against their placement in a punishment cell or SHU.

Several hundred more political prisoners are also daily arbitrarily deprived of receiving care packages, visits and phone calls. Some of them continue to be held in punishment cells and Secure Housing Units. Below you will find the review of the restrictions the authorities are imposing on political prisoners in order to worsen their detention conditions.

What disciplinary actions are used in correctional facilities against inmates?

Almost on a daily basis, human rights defenders are informed that the administration of different penitentiary institutions imposes administrative sanctions against political prisoners. The administrators use various fabricated reasons: dirty clothes or shoes, an unbuttoned collar, a wrong greeting to an employee, an unshaven face, and many others. As practice shows, political prisoners are first deprived of phone calls, visits and care packages, the amount of which is initially rather limited according to the Penal Enforcement Code (PEC). Then the administration of the penitentiary institutions turns to harsher measures: placing the prisoners in the punishment cell and the SHU.

The punishment cell in correctional facilities is similar to an ordinary prison cell, where the bunk bed is unfastened from the wall only at night from 9:00 pm to 5:00 am. You are not allowed to take any personal belongings with you, with the exception of toilet paper, soap, a small towel, toothpaste and a toothbrush. Long-term and short-term visits, telephone conversations, including the use of video communication systems, the purchase of food and basic necessities, the receipt of care packages, the sending and receiving of letters, the use of board games, and smoking are prohibited for prisoners in a punishment cell. They are also not given bedding and are not taken out for walks (in accordance with Article 114(1) of the PEC). When they are transferred to a punishment cell, the prisoners are given special clothes with a large inscription "Punishment Cell". The maximum period of placement of a prisoner in a punishment cell is 10 days. In order to keep a prisoner there as long as possible, the administration issues several reports in a row.

According to the political prisoners, the conditions in the punishment cell are very harsh and can be classified as torture. The punishment cell is usually very small and cold. The prisoners are allowed to either walk around the cell or sit on a stone "tuffet" as the staff calls it. They are not allowed to sit on the floor, as this can result in a new punishment.

In Homeĺ Women's Correctional Facility No. 4, for example, women's clothes are taken away and they are given a special uniform for the punishment cell. At the same time, stockings and leggings are taken away, so that even in winter the prisoners are kept barefoot. But some have found a way out: they wrap their feet in toilet paper. Also, for more than a year and a half, by order of the prison administration, political prisoners have not been given jackets at night, so they have nothing to cover themselves with. Such conditions are considered as cold torture by the women.

"Every morning, five liters of bleach are poured into the punishment cell to poison the prisoners. The windows are not closed in any weather, even though it can be -30° Celsius outside. Convicts hang a towel over the windows, one of the few things you can keep in the punishment cell. Sometimes they have to hang a rag from the window that they used to wash the bleach off the floor. They can also write you up for this and add ten days to your punishment time. If the toilet or washbasin in the cell is not cleaned properly, the warden can personally write a report and send the prisoner to the punishment cell for another ten days," says a former prisoner of the Navapolack Penitentiary No. 1.

The SHU is a special place where prisoners sentenced to imprisonment are held who are transferred there for persistent routine violation. Prisoners are thrown there for up to six months for "systemic violations". There they have the right to shop in the commissary for $12 a month, receive one care package every six months, and have a daily 30-minute excercise. Prisoners are also allowed to correspond, but mail is often unreasonably blocked by the censor. These restrictions also apply to prisoners held in solitary confinement. Prisoners who are transferred to the SHU are subject to all punishments except transfer to the SHU (according to article 113(8) of the PEC). For example, transfer from SHU to punishment cell. At the same time, the time spent in the punishment cell is not deducted from the SHU time.

"SHU cells and punishment cells can be damp or cold, or both. They contain only a bench, a table, a washbasin, a toilet, and several metal shelves. In some cells, the bench and table are entirely made of metal, making them uncomfortable to sit on for extended periods, especially in cold weather. These cells are only tolerable in summer and spring. During cold weather, prisoners are subjected to minimal heating which can cause both psychological and physical harm. The cells are so cold that it is impossible to sit or lie down comfortably. Prisoners must resort to squatting, doing push-ups, or standing near a hot pipe just to keep their hands warm. At night, their only hope is to get a mattress to lie down on and fall asleep," a former prisoner of Babrujsk Correctional Facility No. 2 recalls feeling physically and mentally exhausted.

Who is considered a "persistent routine violator"?

According to the legislation, a prisoner is recognized as a persistent routine violator if during the corresponding period they committed several violations of the established prison routine. Namely, if they have at least:

• four reprimands or four off-duty shifts of cleaning of the communal premises;

• three penalties, one of which is the deprivation of a parcel or care package, as well as the deprivation of a long or short-term visit;

• two penalties, one of which is the placement of a convict in punishment cell.

Prisoners face additional restrictions. Their commissary spending is reduced to $25 per month, which makes it challenging for them to survive in the correctional facility without a salary and care packages. If recognized as a 'persistent violator,' they could face a new criminal case under Article 411 of the Criminal Code or transfer to a prison custody control.

Under Paragraph 5 of Article 69 of the Penal Enforcement Code, individuals serving a prison sentence may be transferred to a correctional facility for first-time offenders or a correctional correctional facility for repeat offenders for up to three years if they persistently violate the established prison routine. They will then serve the remainder of their sentence in a correctional facility with the custody control level determined during the trial.

How are political prisoners punished for "persistent" violations?

Prisoners are often placed in punishment cells or SHUs to increase custodial control or transfer them to high-security prisons. Additionally, persistent defiance of prison administration orders under Article 411 of the Criminal Code can result in new criminal charges. These are the two most severe disciplinary measures allowed by law.

Transfer to high-security prison

Prison custody control involves detaining individuals in a cell. Unlike correctional facilities, prisoners are confined to four walls and can spend years in their cells with the same small group of people.

High-security prisons have two security levels: high and maximum. Upon arrival, prisoners are assigned a maximum security level and can only be transferred to the high-security level after six months, at the warden's discretion. Pregnant women, those with minor children, and convicts with disabilities of group I and II cannot be assigned to the maximum security level.

This level imposes the most restrictions on the convicted person. The internal regulations specify what prisoners are allowed to do, and everything else is forbidden.

The high security level allows for commissary spending of up to $25 per month, two short-term visits per year, receipt of one parcel or care package and two packets per year, and 1.5 hours of daily exercise. The maximum security level allows for commissary spending of up to $12 per month, one short-term visit per year, receipt of one parcel or one small package per year, and 1 hour of daily exercise.

But the prison administration can deprive of all this for "violations". The pressure on prisoners does not end even after the security level is raised. For example, political prisoner Mikita Yemialyanau was often placed in punishment cell in Mahilioŭ Prison No. 4, where he was kept for more than a month, deprived of visits and calls. In addition, for numerous "violations" committed in a high-security prison, a criminal case was opened against the political prisoner for persistent defiance of prison administration orders.

The court decides to raise the security level. If a prisoner's sentence is longer than three years, they are returned to their initial correctional facility after serving their time in a high-security prison, and their custodial control reverts to the court's original assignment. The prison administration collects documents that allegedly confirm the prisoner's routine violations and forwards them to the court. The prisoners are transferred from the correctional facility to one of three high-security prisons in Belarus: Hrodna Prison No. 1, Mahilioŭ Prison No. 4, or Žodzina Investigative Prison No. 8.

Criminal case for persistent defiance of prison administration orders

Prisoners who receive disciplinary punishment in the form of SHU time, solitary confinement, or a high-security prison for violating the prison routine can be held liable under Article 411 of the Criminal Code. This article allows for a maximum sentence of one year imprisonment, or up to two years for a particularly dangerous repeated offense.

For many years, human rights activists have been advocating for the abolishment of article 411 from the Criminal Code. This article allows authorities to punish prisoners who have committed disciplinary violations in correctional institutions, even if they have already been punished for the same offense by being placed in a punishment cell or SHU.

Viasna lawyer Pavel Sapelka has drawn attention to the fact that punishing prisoners under Article 411 of the Criminal Code for the same offenses for which they have already been disciplined violates the principle of 'non bis in idem.' This principle states that no one should be punished twice for one act. Therefore, this practice contradicts both the Criminal Code of the Republic of Belarus and the International Covenant on Civil and Political Rights.

Officials of prisons and correctional colonies, i.e. MIA employees, impose penalties for violations extrajudicially. As a result, penalties for prisoners are often arbitrary and do not correspond to the severity of the offense.

During his previous imprisonment in 2015, political prisoner Mikalai Dziadok was also tried under this article. His sentence was extended for one year in a correctional facility just five days before his release. From prison, he issued an open letter with his thoughts on the verdict.

"The Constitution and Criminal and Penal Codes of Belarus establish several good principles and rights. However, these principles and rights are not upheld due to the existence of Article 411 of the Criminal Code. This article permits the sentencing of an individual to a correctional facility for up to two years for something as simple as wearing or not wearing a piece of clothing or talking to a cellmate."

Pavel Sapelka believes that those responsible should face disciplinary action. The criminal-executive legislation provides a wide range of measures for this purpose.

Political prisoners' sentences depend not only on court decisions but also on the Interior Ministry staff's desire to make their conditions as harsh as possible, including extending their terms. This is often seen in practice.