The statement on the recognition of 15 people as political prisoners

Statement by the human rights community of Belarus

January 30, 2024

We, representatives of the human rights community of Belarus, once again 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.

According to the International Covenant on Civil and Political Rights, in the determination of any criminal charge against them, 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:

1. Raman Shcharbakou under Article 130 of the Criminal Code and Article 361-3, on charges of inciting "other social hatred" and participation or preparation for participation of a citizen of the Republic of Belarus in military operations on the territory of a foreign state without the authorization of the state; he was sentenced to imprisonment in a penal colony;

2. Dzmitry Zhunusau under Article 361-3 of the Criminal Code, accused of participating in hostilities on the side of the legitimate authorities of Ukraine; he was sentenced to imprisonment for two years and six months in a penal colony;

3. Siarhei Zaitsau under Article 369 of the Criminal Code, accused of insulting a representative of the authorities; he was sentenced to two years in prison and a fine, and by combining this sentence and a sentence for a criminal offense his term grew up to five years in a penal colony;

4. Dzmitry Hulin under Articles 361, 367, 368, 366, 130 of the Criminal Code, on charges of calling for actions aimed at harming the national security of the Republic of Belarus, defamation of A. Lukashenka and insulting him, threats against an official performing official duties or another person performing a public duty, inciting "other social" hatred or enmity; he was sentenced to twelve years of imprisonment in a penal colony;

5. Mikhail Baboshka under Part 3 of Article 130 of the Criminal Code, on charges of inciting "other social" hatred or enmity; he was sentenced to seven years in a penal colony;

6. Pavel Kuchynski under Articles 293, 295, 356, 309,295-3, 289, 290-4, 290 of the Criminal Code, accused of educating or otherwise preparing persons to participate in mass riots, illegal actions with respect to ammunition, treason against the state, intentionally disabling a vehicle or disrupting transport routes, illegal actions with respect to objects, the damaging effect of which is based on the use of combustible substances; an act of terrorism, the creation of an organization to carry out terrorist activities or participation in it, the threat of committing an act of terrorism; he was sentenced to nineteen years of imprisonment in a penal colony;

7. Uladzimir Mazurau under Part 1 of Article 356 of the Criminal Code, on a far-fetched charge of treason to the state; he was sentenced in a closed court session to imprisonment in a penal colony;

8. Ihar Kazubau under Articles 130, 367, 368 of the Criminal Code, on charges of inciting other social hatred or enmity, defamation of A. Lukashenka and insulting him; he was sentenced in a closed court session to imprisonment in a penal colony;

9. Nadzeya Laptsionak under Article 361, 369, 368, 391, 130 of the Criminal Code, accused of calling for actions aimed at harming the national security of the Republic of Belarus (sanctions), insulting a representative of the authorities, A. Lukashenka, and the judges, inciting "other social" hatred or enmity;

10. Aleh Katsapau under Articles 130, 368 of the Criminal Code, on charges of inciting "other social" hatred or enmity, insulting A. Lukashenka; he was sentenced in a closed court session to imprisonment in a penal colony;

11. Yauhen Yemialyanau under Article 130, 368, 361-4 of the Criminal Code, on charges of inciting "other social" hatred or enmity, insulting A. Lukashenka and complicity in extremist activities; he was sentenced in a closed court session to imprisonment in a penal colony;

12. Dzmitry Siniuta under Articles 130, 368, 361-4 of the Criminal Code, on charges of inciting "other social" hatred or enmity, insulting A. Lukashenka and complicity in extremist activities; he was sentenced in a closed court session to imprisonment in a penal colony;

13. Aliaksandr Yashkin under Articles 342, 367, 368, 130, 361-2 of the Criminal Code, on charges of organizing and preparing actions that grossly violate public order, defamation of A. Lukashenka and insulting him, inciting "other social" hatred or enmity, financing the activities of an extremist group; he was sentenced to four years of imprisonment in a penal colony;

14. Pavel Yarash under Part 3 of Article 130 of the Criminal Code, accused of inciting "other social" hatred or enmity; he was sentenced to two years 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."

Thus, it became known about the detention of Henrych (Henadz) Akalatovich, a priest of the Roman Catholic Church, under Article 356 of the Criminal Code, who is accused of treason to the state.

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:

• 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;

• 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 Raman Shcharbakou, Dzmitry Zhunusau, Siarhei Zaitsau, Dzmitry Hulin, Mikhail Baboshka, Pavel Kuchynski, Uladzimir Mazurau, Ihar Kazubau, Nadzeya Laptsionak, Aleh Katsapau, Yauhen Yemialyanau, Dzmitry Sinuta, Aliaksandr Yashkin, Pavel Yarash, Henrykh (Henadz) Akalatovich 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;

Lawtrend;

Human Constanta;

Legal initiative;

Office for the Rights of Persons with Disabilities;

PEN Belarus;

Barys Zvozskau Belarusian Human Rights House;

Belarusian Helsinki Committee.