Deterioration of legal profession in Belarus: facts, reasons, assessments
Since the beginning of mass repression in 2020, tens of thousands of Belarusians have been persecuted. The authorities targeted journalists, human rights defenders, and lawyers. Since the autumn of 2020, the Belarusian authorities have arbitrarily arrested at least 23 lawyers and then used these arrests as an excuse to prevent them from representing their clients in politically motivated cases and disbar them. During this time, 11 lawyers were prosecuted, of which six are still behind bars. According to the Right to Defense initiative, more than 140 lawyers have been disbarred, and almost three hundred have been forced to leave the profession themselves.
Human rights activists note that the mass prosecution of lawyers in administrative and criminal cases began in the second half of 2022. Criminal cases were initiated against lawyers for "leaking the data of security forces" under Article 130 of the Criminal Code (inciting other social hatred), for participating in protest marches under Article 342 of the Criminal Code (active participation in actions grossly violating public order), for "calls for sanctions" under Article 361 of the Criminal Code, for "facilitating extremist activities" under to Articles 361-4 of the Criminal Code, for "disclosure of data" under Article 407 of the Criminal Code.
- Maksim Znak, Vital Brahinets, Aliaksandr Danilevich, Anastasiya Lazarenka, Aliaksei Barodka, Yuliya Yurhilevich. Photo collage by spring96.org
Lawyers who remain behind bars for political reasons
Among the six imprisoned lawyers, Maksim Znak was sentenced to the longest term. He was also the first to be detained in 2020. Znak was detained in the Coordinating Council case on September 9, 2020. On December 21, it became known that, on behalf of the Prosecutor General's Office, the Investigative Committee initiated a criminal case on conspiracy to seize power by unconstitutional means (Part 1 of Article 357 of the Criminal Code) against members of the Coordinating Council. Maksim Znak also became a defendant in a criminal case on the creation of an extremist formation (Article 361-1 of the Criminal Code), brought against the Coordinating Council.
On February 11, it became known that Maksim Znak and Maryia Kalesnikava received new charges: conspiracy to seize state power by unconstitutional means (Part 1 of Article 357 of the Criminal Code), the creation of an extremist formation and leading it (Part 1 of Article 361-1 of the Criminal Code).
On September 6, 2021, the Minsk Regional Court, in closed mode, after a month of handling the criminal case, sentenced Maksim Znak and Maryia Kalesnikava, who was detained with him. Judge Siarhei Yepikhau found them guilty under three articles of the Criminal Code: Part 3 of Article 361 (calls to action against national security), Part 1 of Article 357 (conspiracy to seize state power unconstitutionally), Part 1 of Article 361-1 (creation and leadership over an extremist formation) and sentenced Maksim Znak to 10 years in a medium security penal colony, and Mariya was sentenced to 11 years of imprisonment.
On May 23, 2022, lawyer Vital Brahinets was detained. Among his clients was the chairman of the Human Rights Center Viasna Ales Bialiatski. Brahinets was arrested twice for 15 days, and then detained in a criminal case for participating in protests under Article 342 of the Criminal Code.
On February 2, 2023, the Minsk City Court announced the verdict of the lawyer: eight years in a medium security penal colony. The final charge included four articles of the Criminal Code: Part 3 of Article 130 (incitement of other social hatred), Part 3 of Article 361 (calls for sanctions), Part 1 of Article 361-1 (creation of an extremist formation or participation in it), and Part 1 of Article 342 (active participation in actions grossly violating public order). The case was heard behind closed doors for two weeks by Judge Alena Ananich. In June 2023, it became known that Vital was sent to serve his sentence in penal colony No. 17. At the same time, the Interior Ministry added the political prisoner to the "list of extremists".
On May 20, 2022, lawyer Aliaksandr Danilevich was detained as part of a criminal case. Shortly before his detention, he signed an anti-war appeal by lawyers who condemned the military actions of Russian troops in Ukraine and called for an end to aggression. At first, Danilevich was charged only under Part 6 of Article 16 and Part 3 of Article 361 of the Criminal Code, and later Part 1 of Article 361-4 of the Criminal Code was added.
In early January 2023, the case materials were handed over to the prosecutor for transfer to court. According to the charges, Aliaksandr allegedly called for sanctions against Belarusian sports and engaged in "discrediting domestic enterprises in front of foreign partners." The actions of the lawyer were prosecuted under Part 6 of Article 16 and Part 3 of Article 361 of the Criminal Code (complicity in calls for restrictive measures) and Part 1 of Article 361-4 of the Criminal Code (assistance to extremist activities).
His trial began on March 10, 2023, in the Minsk City Court. Aliaksandr pleaded not guilty and insisted that he was fulfilling his professional duties. Prosecutor Tatsiana Tsybulia demanded 10 years of imprisonment in a medium security penal colony. This is exactly the punishment that Judge Tatsiana Falkouskaya imposed on Aliaksandr Danilevich on April 10, 2023. However, after hearing of the appeal in the Supreme Court, the term was reduced to six years in a penal colony. In September 2023, Aliaksandr was transferred from pre-trial detention center-1 first to penal colony No. 3, but after that, he was transferred again to penal colony No. 17.
Lawyer Anastasiya Lazarenka was detained on June 2, 2022, two days after her 40th birthday. The security forces came to the woman with machine guns and bulletproof vests; they climbed into the windows and broke down the door. A criminal case was initiated against her under Part 3 of Article 130 of the Criminal Code for "transmitting data from security forces and judges to Telegram channels."
On May 11, 2023, in the Minsk City Court, Judge Sviatlana Charapanava sentenced political prisoner and lawyer Anastasiya Lazarenka to six years in a general security penal colony. Lazarenka did not admit her guilt at the trial.
On November 10, 2023, Anastasiya was included by the Ministry of Internal Affairs in the "list of extremists", and on November 28 in the "list of terrorists". In early November 2023, she was transferred from pre-trial detention center No. 1 to penal colony No. 4.
On August 30, upon returning to Belarus from Poland, Hrodna lawyer Yuliya Yurhilevich was detained. She worked as a lawyer for almost 18 years. She defended political prisoner and artist Ales Pushkin, student Artsiom Bayarski, musician Ihar Bantser, and son of a priest Andrei Ausiyevich. On February 23, 2022, she was expelled from the Hrodna Regional Bar Association for "systematic violations of the law." The lawyer left Belarus in February but returned to Hrodna, where she was detained.
On July 10, 2023, the trial of Yurhilevich and journalist Pavel Mazheika began in the Hrodna Regional Court. They were charged under Part 2 of Article 361-4 of the Criminal Code for "other assistance to extremist activities committed repeatedly by a group of persons by prior agreement." The case was handled by Judge Maksim Filatau. On July 26, 2023, they were sentenced to six years in a penal colony: Yuliya, to conditions of general security and Pavel, to medium. Pavel and Yuliya pleaded not guilty.
In November 2023, Yuliya was transferred from pre-trial detention center-1 to penal colony No. 4. On November 17, the Ministry of Internal Affairs added her to the "list of extremists".
The last of the convicted lawyers is Aliaksei Barodka. He was detained at the end of January 2023. At first, Aliaksei was arrested for 15 days under an administrative article, and then detained again as part of a criminal case.
On May 15, 2023, Aliaksei's trial began. His case was heard by Judge Tatsiana Falkouskaya in the Minsk City Court. Aliaksei was charged under Part 3 of Article 130 of the Criminal Code (inciting other social hatred) and sentenced to six years in a medium security penal colony. Barodka is included in the "list of terrorists" and "persons involved in extremist activities."
As of October 2024, the following lawyers have been released after serving their sentence or have left Belarus to escape criminal prosecution: Andrei Abraztsou, Mikhail Makarau, Andrei Machalau, Dzmitry Pihul, and Illia Salei, who escaped trial by leaving the country.
Natallia Burakouskaya has been recognized as the seventh lawyer to be imprisoned for political reasons. She was a lawyer, and after losing her license, worked as a legal advisor and partner at Parada+Partners.
Burakouskaya was sentenced in the Minsk District Court under Part 1 of Article 342 of the Criminal Code (organization and preparation of actions that grossly violate public order or active participation in them) and Part 1 of Article 243 of the Criminal Code (tax evasion) to three years of imprisonment. Her case was handled by Judge Viktar Shautsou from November 2 to December 1, 2023.
Disbarment is an element of intimidation of the legal community
Since 2022, 141 lawyers have been deprived of their licenses by the decision of the commissions on legal practice.
As the Right to Defense project became aware, two lawyers involved in politically motivated trials were summoned to the qualification commission on December 1, 2022. They were Uladzimir Pylchanka and Viktar Matskevich. Uladzimir Pylchanka was a lawyer for political prisoners Maryia Kalesnikava, Eduard Babaryka, Iryna Slaunikava, Katsiaryna Bakhvalava, Liavon Khalatran, and others. Viktar Matskevich was a lawyer for Siarhei Tsikhanouski, Ihar Alinevich, Akikhiro Hayeuski-Hanada, Yauhen Yushkevich, Viktar Babaryka, Ales Bialiatski. As a result, they were disbarred.
The Ministry of Justice assembled the qualification commission on legal practice on December 14, 2022, and revoked the licenses of 14 lawyers, the Ministry of Justice's press service reported. Uladzimir Anhelski, Viktoryia Hulkova, Aliaksandr Yemialyanenka, Atar Zhukau, Mikhail Makarau, and Anastasiya Sahanovich were disbarred by the Ministry of Justice due to "disciplinary penalties and for misconduct incompatible with the title of a lawyer." Alena Hrybok, Siarhei Kisheniou, and Dzmitry Mironenka, due to "insufficient qualifications".
Based on the results of the certification, the qualification commission of the Ministry of Justice decided on March 22, 2023, that lawyers Inesa Alenskaya and Dzianis Sharstniou cannot perform lawyer's duties "due to insufficient qualifications." In addition, such a decision was made in relation to Kavalevich's lawyer. In addition, Alenskaya was tried for distributing extremist materials under Part 1 of Article 19.11 of the Administrative Code.
On February 28, 2024, KGB officers raided lawyers in Minsk. According to human rights activists, at least 12 lawyers were detained. Most of them were released, and some remain behind bars. Over the past three and a half years, hundreds of lawyers have been subjected to repression for political reasons: some have become defendants in criminal and administrative cases, and some have been deprived of licenses.
The number of lawyers in Belarus is decreasing catastrophically
Since April 17, 2024, a new minimum number of lawyers has been set in Belarus. It was established by the decree of the Ministry of Justice No. 16 dated 05.04.2024. According to the previous resolution of the Ministry of Justice, there should have been at least 1,313 lawyers in Belarus, and according to the new document, the number is 1,454. In reality, as of January 1, 2022, there were 1,868 lawyers in Belarus, a year later there were 1,690, and at the beginning of this year, 1,602. In October, this figure decreased and now there are 1,590 lawyers engaged in professional activities in Belarus, that is, 17 lawyers per one hundred thousand people. In Europe, in 2022, there are on average 180 lawyers per 100,000 inhabitants.
In addition, more than 260 lawyers were forced to leave the profession themselves, fearing persecution by authorities.
In a recent joint report on the politically motivated persecution of human rights lawyers in Belarus, I Solemnly Swear to Honestly and Conscientiously Perform the Duties of a Lawyer, which was prepared by experts from Human Rights Watch, the Belarusian Association of Human Rights Lawyers, and the Right to Defense project, the experts stated:
"In Belarus, intimidation and harassment of lawyers by the state harm the rights of their clients, and this is part of a broader set of measures taken by the authorities to infringe on the right to a lawyer in politically motivated cases. The authorities often force lawyers in such cases to sign non-disclosure agreements with too broad restrictions and conduct closed trials on politically motivated charges without any justification, preventing lawyers from disclosing information in such cases that are of public importance and limiting their ability to provide protection by involving experts and witnesses.
The authorities have seriously restricted the access of detainees and convicts to their lawyers, prevent lawyers from accessing and communicating with their clients, and regularly violate the confidentiality of communication between lawyers and clients," the joint report on the politically motivated persecution of human rights lawyers in Belarus notes.
