Statement on the recognition of 22 new political prisoners

Statement by the human rights community of Belarus

December 7, 2023

We, representatives of the human rights community of Belarus, note that criminal liability for “incitement of hatred” under Article 130 of the Criminal Code has been selectively and discriminatorily applied by both the investigators and courts in an apparent attempt to protect the state bodies. Moreover, it seems unreasonable to label government officials, police officers, military personnel, etc., as separate social groups under protection in this context.

We insist that it is unacceptable to apply a law aimed to protect government officials, law enforcement officers, and judges from threats in connection with the lawful performance of their duties to punish those citizens who have spoken out in connection with the clear violation of the Constitution and law by state institutions, the involvement of government officials, prosecutors and judges in torture and in creating a climate of impunity for torture and other human rights violations, often showing signs of crimes against humanity.

Accoding to the International Covenant on Civil and Political Rights, in the determination of any criminal charge against him, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. All or part of the public may be excluded from a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. In the absence of such exceptional circumstances, the proceedings should be open to the general public, including representatives of the media, and should not, for example, be limited to a certain category of persons. Even in cases where the public is denied access to the hearing, the court decision, including the main conclusions, evidence, and legal arguments, should be made public. The court did not fulfill these requirements in the case of the persons mentioned, which could determine the attitude of human rights defenders to the hearing results.

We are aware of the conviction of:

Pavel Salahub in a closed court hearing under Article 342 and Article 130 of the Criminal Code on charges of participating in group actions grossly violating public order and inciting "other social hatred", for participating in peaceful protests and comments; he was sentenced to three years in prison in a correctional colony;

Vital Tsydzik under Article 342, Article 130, and Article 368 of the Criminal Code on charges of participating in group actions grossly violating public order, inciting "other social hatred" and insulting A. Lukashenka, for participating in peaceful protests and comments; he was sentenced to imprisonment in a penal colony;

Andrei Ihnatovich under Article 342 and Article 130 of the Criminal Code on charges of participating in group actions grossly violating public order and inciting "other social hatred" for participating in peaceful protests and comments; he was sentenced to two years of imprisonment in a correctional colony;

Uladzimir Hrybanau, under Article 130 of the Criminal Code on charges of inciting "other social hatred"; he was sentenced to one year and 6 months of imprisonment in a correctional colony;

Ihar Barysau under Articles 364, 366, 368, 369 of the Criminal Code on charges of threatening officials of the Ministry of Internal Affairs, insulting A. Lukashenka and an official, for comments; he was sentenced to imprisonment in a penal colony;

Siarhei Rudziankou in a closed court hearing under Articles: 361-4, 130, 368, 369 of the Criminal Code on charges of facilitating extremist activities, inciting other social hatred or hostility, insulting A. Lukashenka, insulting a representative of the government, for posting on the Internet; he was sentenced to imprisonment in a penal colony;

Aleh Kazlou under Articles 188, 130, 361-1, 367, 368, 369 of the Criminal Code on charges of defamation, inciting other social hatred, defamation of A. Lukashenka, insulting A. Lukashenka and a representative of the government in comments on the Internet; he was sentenced to imprisonment in a penal colony;

Maksim Mnatsakanau on Articles of the Criminal Code: 130, 342, 361, 361-4, 364, 366, 368, 369, 389, 391 on charges of inciting other social hatred, organizing group actions that violate public order, calls for actions aimed at harming the Republic of Belarus, threats against officials and judges, defamation of A. Lukashenka, insulting A. Lukashenka and a representative of the government in comments on the Internet; he was sentenced to 7 years of imprisonment in a penal colony;

Piotr Yarmashuk under Articles 354 and 361-2 on charges of using malware and financing the activities of an extremist group; for using malware in the interests of Ukraine, protected from Russian aggression, against subjects of the Russian Federation, and donations to support victims of politically motivated persecution; he was sentenced to four years in prison in a correctional colony;

Andrei Savinski under Articles 130 and 361-2 of the Criminal Code on charges of inciting other social hatred, financing extremist activities, for comments on the Internet, and donations to protest communities; he was sentenced to imprisonment in a penal colony.

The authorities unreasonably use detention in the absence of sufficient grounds for the use of the preventive measure, which restricts personal freedom: as the UN Human Rights Committee notes, “remand in custody on criminal charges must be reasonable and necessary in all the circumstances." “Detention in custody of persons awaiting trial shall be the exception rather than the rule. […] release from such custody may be subject to guarantees of appearance, including appearance for trial, appearance at any other stage of the judicial proceedings and (should occasion arise) appearance for execution of the judgment. This suggestion concerns persons awaiting trial on criminal charges, that is, after the indictment, but a similar requirement, covering the period before the indictment, follows from the prohibition of arbitrary arrest... It should not be the general practice to subject defendants to pretrial detention. Detention should be based on a case-by-case decision that it is justified and necessary, taking into account all the circumstances, for purposes such as preventing escape, interfering with the process of collecting evidence or recidivism of the crime... The relevant factors should be spelled out in the law and should not contain vague and broad standards, such as "public danger"... Pre-trial detention should be applied not on the basis of a possible sentence, but on the basis of determining the need for this measure of restraint."

We are aware of the detention of:

Sniazhana Tsadava under Article 130 of the Criminal Code on charges of inciting social hatred;

Aleh Yermakovich under articles 130, 342, 368, 369 of the Criminal Code on charges of inciting social hatred and other defamatory actions for statements on the Internet;

Yury Minin under Article 130 of the Criminal Code on charges of inciting social hatred for comments on the Internet;

Yauhen Pialiakhaty under Articles 130 and 368 of the Criminal Code on charges of inciting "other social hatred" and insulting A. Lukashenka in the comments;

Yauhen Shcharbina under Articles 342 and 130 of the Criminal Code on charges of participating in group actions grossly violating public order and inciting "other social hatred" for calls to participate in peaceful protests and other comments;

Valiantsin Dubroushchyk under Articles 130, 342, 367, 368, 369 of the Criminal Code on charges of inciting other social hatred, organizing and preparing actions grossly violating public order, insulting an official and A. Lukashenka, slander of A. Lukashenka, for messages on the Internet;

as well as Mikita Stsiapurka, Aleh Sychou, Anastasiya Pilko, Larysa Kuchynskaya, Aliaksandr Kuchynski, Andrei Stsiapurka under Part 3 of Article 289 of the Criminal Code (act of terrorism) for assisting a citizen who attacked an aircraft of the Russian Armed Forces based at a Belarusian military airfield; despite the accusation of minor actions that the investigative authorities are considering as an act of terrorism committed by an organized group, these persons have been held in a pre-trial detention center for a long time and are accused of committing a particularly serious crime.

Having studied these criminal prosecution cases, we concluded that all of them are politically motivated.

According to the Guidelines on the Definition of Political Prisoners, a person deprived of liberty is to be regarded as a political prisoner, if at least one of the following criteria is observed:

• a) the detention has been imposed in violation of the right to a fair trial, other rights and freedoms guaranteed by the International Covenant on Civil and Political Rights or the European Convention for the Protection of Human Rights and Fundamental Freedoms;

• d) the person has been detained in a discriminatory manner as compared to other persons.

We, representatives of the Belarusian human rights community, declare that the further imprisonment of Pavel Salahub, Vital Tsydzik, Andrei Ihnatovich, Uladzimir Hrybanau, Ihar Barysau, Siarhei Rudziankou, Aleh Kazlou, Maksim Mnatsakanau, Piotr Yarmashuk, Andrei Savinski, Sniazhana Tsadavai, Aleh Yermakovich, Yury Minin, Yauhen Pialiakhaty, Yauhen Shcharbina, Valiantsin Dubroushchyk, Mikita Stsiapurka, Aleh Sychou, Anastasiya Pilko, Larysa Kuchynskaya, Aliaksandr Kuchynski, and Andrei Stsiapurka is politically motivated, and they themselves are political prisoners. We demand from the Belarusian authorities:

• review the sentences passed against the mentioned political prisoners while exercising the right to a fair trial and eliminating the factors that affected the qualification of actions, the type and severity of punishment;

• release the mentioned political prisoners by taking other measures to ensure their appearance in court;

• immediately release all political prisoners, review politically motivated sentences and end political repression against citizens.

Human Rights Center Viasna;

Belarusian Helsinki Committee;

Legal Initiative;

PEN Belarus;

Human Constanta;

Barys Zvozskau Belarusian Human Rights House;

Office for the Rights of Persons with Disabilities.