Human rights situation in Belarus. October 2024

Summary:

• Arbitrary repression of political opponents of the regime and dissidents persists in Belarus. Furthermore, the level of criminal and related administrative prosecution remains unacceptably high. There has been an alarming increase in arbitrary detentions with features and signs of enforced disappearances in the lead-up to the announced presidential elections. The possibility of politically motivated criminal prosecution at various levels poses an imminent threat to all individuals who have engaged in protests or expressed criticism of the prevailing political circumstances in the country or of regime officials. Those who have expressed their views in a non-violent manner or assisted protest groups, and occasionally their family members and loved ones, are also at risk.

• Since the summer of 2020, the human rights community has identified some 3,600 individuals as political prisoners, 656 of whom are women. As of October 2024, Belarus had 1,299 political prisoners, including 168 women. The human rights community recognized 35 people as political prisoners during that month. A further 13 former political prisoners were identified as requiring rehabilitation due to the lack of prior awareness of their identities among human rights activists.

• The Viasna Human Rights Center has several members serving sentences in correctional facilities. These include Nobel Peace Prize winner Ales Bialiatski, vice-president of the International Federation for Human Rights (FIDH) Valiantsin Stefanovic, Uladzimir Labkovich, Marfa Rabkova, volunteer Andrei Chapiuk, and Human Constanta human rights activist Nasta Loika.

• Multiple individuals imprisoned for political reasons have been held incommunicado for an extended period. Maryia Kalesnikava, Viktar Babaryka, Mikalai Statkevich, Siarhei Tsikhanouski, and others have been deprived of contact with the outside world and fellow inmates for over a year. Their situation is in line with the definition of an enforced disappearance, which is a violation of international law.

• The arbitrary repression of citizens for exercising their civil rights persists. In October, Viasna received information about at least 366 cases of politically motivated repression resulting in criminal and administrative prosecutions, with at least 246 administrative cases being considered by courts.

• In October, the human rights organization Viasna updated the status of politically motivated criminal prosecutions in September. The report indicates that the number of trials related to these cases is increasing. According to preliminary data, at least 170 people were sentenced in September, including 124 men and 46 women. Nearly a third of the convicts are located in Minsk. The Brest region leads with 44 sentences. Almost half of those convicted were prosecuted for participating in protests in 2020.

• The authorities expand the lists of individuals and groups engaged in extremist and terrorist activities, as well as extremist materials. This approach represents an additional, often non-judicial, arbitrary restriction of the rights and freedoms of citizens.

• Viasna human rights defenders still regularly register and document instances of torture and prohibited treatment during politically motivated criminal investigations, as well as in administrative proceedings. The same applies to persecution and imprisonment on political grounds. Detainees are also deprived of adequate medical care.

• On October 23, the House of Representatives set January 26, 2025 as the date for the presidential election. The Human Rights Defenders for Free Elections campaign announced the launch of an expert observation mission.

• On October 31, a wave of mass arrests and searches took place throughout Belarus. This appears to be a planned intimidation action before the election. The law enforcement agencies mainly target those previously detained for protest-related actions. There are known cases of harsh arrests using unjustified force.

• Anaïs Maren presented her final report as Special Rapporteur on the situation of human rights in Belarus at the 35th plenary meeting of the Third Committee of the 79th session of the UN General Assembly.

• At the OSCE Human Dimension Conference, Ukrainian and Belarusian human rights activists presented a joint report entitled "Stolen Childhood: How the Belarusian Regime is Erasing Ukrainian Children's Identity through Displacement, Re‑education, and Militarization." This joint effort was made possible by the collaboration of Freedom House, the Human Rights Center ZMINA, the Regional Center for Human Rights, and the Viasna Human Rights Center, with the support of BELPOL. In mid-September, the report's authors submitted the relevant documentation to the International Criminal Court (ICC) in The Hague. They are now requesting that the governments of the Rome Statute member states take legal action and provide evidence of the involvement of the Russian and Belarusian authorities in the displacement of children from Ukraine in court.

Politically motivated prosecution. Political prisoners

As of October 31, 1,299 detained individuals were imprisoned for political reasons, including 168 women. 31 political prisoners have critical health conditions that are incompatible with their imprisonment. More than 40 of the political prisoners are older people.

At the end of October, the number of former political prisoners was 2,326, including 488 women. Viasna shared the stories of some women political prisoners.

In total, at least 7,450 people are known to have been victims of politically motivated prosecutions. Politically motivated convictions were handed down to at least 6,050 people.

In October, the human rights community recognized 35 people as political prisoners. Moreover, the human rights community recognized 13 people's deprivation of freedom as arbitrary and called for their rehabilitation.

The human rights violations against political prisoners are not limited to the arbitrary deprivation of freedom in penitentiaries. In addition to this, they are subjected to further selective repression and persecution in the places of detention.

Viasna human rights activists have received confirmation that a citizen of the Russian Federation, Dmitri Shletgauer, died in the Mahilioŭ Correctional Facility No. 15. Preliminary information indicates that the incident occurred on October 11, 2024. He had been in the facility for a little less than a month. The exact cause of death is pending confirmation. In the summer, he was sentenced to 12 years of imprisonment for "espionage" (Article 358 of the Criminal Code) and "promoting extremist activity" (part 1 of Article 361-4 of the Criminal Code). This is the seventh political prisoner to die while incarcerated.

Since February-March 2023, political prisoners Maryia Kalesnikava, Viktar Babaryka, Mikalai Statkevich, Siarhei Tsikhanouski, Maksim Znak, Ihar Losik and Uladzimir Kniha have been held incommunicado. There have also been reports that political prisoner Aliaksandr Aranovich has been in total isolation for almost five months. Such incommunicado detention is recognized as torture and has the characteristics of enforced disappearance.

One of the tools used to persecute political prisoners was the arbitrary extension of prison sentences, mainly through the imposition of new terms of imprisonment under Article 411 of the Criminal Code for minor, forced, or provoked disciplinary violations while serving their sentences.

In October, it was revealed that Volha Mayorava was tried in March 2024 in the Čyhunačny District Court of Homieĺ under Part 2 of Article 411 of the Criminal Code (persistent disobedience to the lawful demands of the prison administration). The judge, Hanna Sakalova, convicted her and condemned her to another year and six months in prison in addition to her outstanding sentence of 20 years in prison. Volha is currently incarcerated at the Correctional Facility No. 24 in Zarečča, designated explicitly for repeat offenders.

The court has once again considered Viktoryia Kulsha's case under Article 411 of the Criminal Code. In June 2021, under Article 342 of the Criminal Code, Kulsha was sentenced to two and a half years of imprisonment, with release scheduled for early 2023.

For the third time, Palina Sharenda-Panasiuk has been sentenced to an additional year of imprisonment for persistent disobedience to prison administration in accordance with Article 411 of the Criminal Code. Her term, imposed by the court in June 2021, was due to expire in early fall 2022. However, the political prisoner has been arbitrarily held in a correctional facility for repeat offenders since then. The prisoner has been subjected to punishment cells, prohibition of care packages and visits from relatives, including her children, and failure to provide medical care.

Yury Ziankovich has been sentenced to 13.5 years of imprisonment for making statements that incite actions against the national security of the Republic of Belarus, insulting a government official, conspiring to seize power through unconstitutional means, creating an extremist organization, and inciting hatred or discord. Furthermore, under Article 411 of the Criminal Code, the court has ordered an additional two years of incarceration.

Mikalai Dziadok has been kept in a punishment cell for four months. As his incarceration period draws to a close, a criminal case has been initiated against him under Article 411 of the Criminal Code.

It has been revealed that YouTube vlogger Ruslan Linnik, who was sentenced to imprisonment on charges of committing several defamation offenses, has not been released from custody following the completion of his sentence. This is likely attributable to the filing of new charges.

It is a common practice to transfer political prisoners to more restrictive facilities. These facilities typically involve locked cells with minimal contact with the outside world, reduced meal rations, and limited transfers and visits.

Regarding Dzmitry Ivanchanka, the court initiated proceedings to consider the facility administration's request for his transfer to a high-security prison.

Persecution in penal institutions manifests itself in confinement to punishing cells and the Secure Housing Unit. In the punishment cell, prisoners have no contact with the outside world, no personal belongings, no walks, and no opportunity to write, send and receive letters, read, or engage in paid work. In the SHU, inmates are kept in locked cells and have one short walk per day.

At the end of September, the administration of Correctional Facility No. 14 put political prisoner Dzmitry Rezanovich in the SHU for six months. Previously, he spent some time in the punishment cell.

Human rights activists view the restriction of freedom in an open-type correctional facility as a form of deprivation of freedom. This involves convicts spending all their free time on facility premises, complying with the administration's demands, and adhering to facility regulations. If the rules are violated, disciplinary action may be taken, including more severe confinement in a segregation unit. Moreover, restricted freedom sentence may be converted to imprisonment for multiple disciplinary violations. Prisoners are also obliged to sign an employment contract with an employer chosen by the administration of the institution, often under unfavorable conditions; in fact, disenfranchised prisoners are subject to brutal exploitation.

There are reports of increased pressure on former political prisoners, both those who have served sentences of imprisonment and those who have served sentences of restriction of freedom: they are issued official warnings (a sanction) and warned of responsibility for violently changing the constitutional order, seizing or maintaining state power by unconstitutional means. Furthermore, for numerous former political convicts who did not complete their sentences and left the country, the initial home confinement sentence is subsequently converted to a prison sentence.

Law enforcement agencies are continuing their policy of intimidating individuals facing politically motivated persecution. This is done to prevent information about the persecution from being shared with human rights defenders and independent media.

The persecution of relatives of political prisoners and other individuals for supporting political prisoners persists. Following the designation of INeedHelpBY as an extremist formation, numerous individuals affiliated with the initiative, along with other supporters of political prisoners, faced persecution. As of the end of October, it was known of 34 detainees in this criminal case, 32 of whom were women. Ten women and one man were given prison sentences ranging from three to five years.

The UN experts addressed another letter to the Belarusian authorities, expressing concern over continuing reports of ill-treatment in places of detention and unjustified and disproportionate restrictions on the human rights of former prisoners, according to the organization's website. They called on the government to provide information on the health condition, fate, and whereabouts of several prisoners, to investigate reports of ill-treatment in places of detention, and to pardon or shorten the vulnerable prisoners' sentences.

Persecution of human rights defenders 

Nasta Loika, a human rights defender working with Human Constanta, has been held in captivity for two years. She was sentenced to seven years in prison in a closed trial for her involvement in the preparation of the 2017 report, "Persecution of Anarchists, Antifascists, Leftists and Social Activists in Belarus (2017-August 2018)."

Marfa Rabkova and Andrei Chapiuk have been held captive for a period exceeding four years in connection with their human rights activities with Viasna HRC. Similarly, Nobel Peace Prize laureate Ales Bialiatski, Valiantsin Stefanovic, and Uladzimir Labkovich have been behind bars for over three years.

Viasna human rights activist Alena Masliukova was sentenced in absentia to three years in prison. Viasna issued a statement calling for the overturn of the sentence and an end to the criminal prosecution of the human rights defender. The statement also demanded an end to the criminal prosecution of human rights defenders for exercising their right to freedom of expression and activities in defense of rights and freedoms. Furthermore, it called for Belarus to align its anti-extremist and criminal procedural legislation with its international human rights obligations.

Torture, cruel, inhuman, degrading treatment

The UN Committee against Torture has published an annual report that presents the findings of an investigation into Belarus initiated by the Viasna Human Rights Center.

Former political prisoner Dzmitry Kaneuski, who was sentenced for a single comment in the Telegram chatroom "Homel Sovietski 97," has been compelled to leave Belarus upon release, fearing another reprisal. Dzmitry provided Viasna with details regarding his experience of persecution and the conditions of his incarceration at Correctional Facility No. 22 in Ivacevičy. Before the trial, Kaneuski was detained for nearly eight months at the Homieĺ pre-trial detention center, where he endured flagrant conditions: peeling walls, cold, dirty, and smelly cells. During his time at the correctional facility, he was subjected to physical abuse and regularly placed in the punishment cell and SHU.

On October 21, Brest Regional Court commenced proceedings against 41-year-old Vital Chopik, who was detained seven months ago for attending politically motivated trials. After the arrest, the man was taken to hospital with signs of severe beating. He is now facing charges under Part 1 and Part 2 of Article 361-4 of the Criminal Code (promoting extremist activity) and Article 342 of the Criminal Code (participating in actions that grossly violate public order).

In the fall of 2021, Natallia Kukishava, a political prisoner from Orša, was detained by KGB officers in connection with the "Andrei Zeltsar case." Ultimately, she was incarcerated for two years for making two brief critical comments about Lukashenka. After completing her sentence, the woman informed Viasna about the mistreatment of women in Belarusian prisons, including the inhumane and degrading conditions they face while awaiting trial and serving their sentences in the correctional facility.

Those detained on account of "extremist" administrative charges continue to be held in conditions that are a source of significant distress and concern. These conditions include overcrowded cells, unsanitary conditions, and a lack of bedding, clothing, and hygiene products. As a former detainee of the Minsk Temporary Detention Center noted, due to cell overcrowding, detainees have to sleep on metal bunk beds, which cause bruising, and on the floor and other surfaces in the cells. She noticed that bedbugs bit the women who slept on the floor which caused an allergic reaction. She also described the lack of quality medical care during a rotavirus infection in the cell. Several female detainees lost consciousness, but the administration of the institution did not take any action in response.

Violation of the right to life. Death penalty

October 10 is the International Day Against the Death Penalty.

In advance of this day, Viasna prepared an interview with Andrei Paluda, the coordinator of the campaign "Human Rights Defenders Against the Death Penalty," and a review of cases over the past 10 years that ended with the death penalty. Aleh Matskevich, a human rights defender with Viasna, presented new arguments in favor of abolishing the death penalty in light of recent developments and challenges globally. 

Fair trial

The Belarusian courts continue to be a source of repression and politically motivated verdicts. 

The current appellate, cassation, and supervisory appeal processes are ineffective in addressing politically motivated sentences due to inherent limitations in ensuring an independent and impartial review.

It is important to note that trials on "persistent disobedience to prison administration" (Art. 411 of the Criminal Court) are conducted in a manner that clearly violates fair trial standards. All such cases are heard in proceedings that are, in effect, closed to the public, with inadequate safeguards for the rights of the accused. On October 31, the trial of political prisoner Viktoryia Kulsha was held. Judge Stanislau Ivaniutsenka presided over the trial, having previously, on October 15, sentenced another political prisoner with serious health problems, Palina Sharenda-Panasiuk, to one year of imprisonment on the same charge.

Special proceedings at the investigative stage and in absentia proceedings are utilized extensively for politically motivated prosecutions. For example, following an unsuccessful appeal, a sentence handed in absentia has taken effect against 20 researchers, journalists, and political scientists. They are accused in the "case of Sviatlana Tsikhanouskaya's analysts," and the charges relate to "extremism," "seizure of power by unconstitutional means," and other offenses. Following the implementation of the sentence, the KGB included the defendants on the List of Organizations and Individuals Involved in Terrorist Activities.

The Belarusian authorities have continued to take action that undermines the institute of independent attorneyship and has resulted in the persecution of individual members of the legal profession. Since 2020, 141 lawyers have had their licenses arbitrarily revoked, 88 lawyers have faced politically motivated persecution, and 23 have been arbitrarily detained. To date, seven lawyers recognized by the human rights community as political prisoners are currently incarcerated: Maksim Znak, Vital Brahinets, Aliaksandr Danilevich, Anastasia Lazarenka, Yulia Yurhilevich, Aliaksei Barodka, and Natallia Burakouskaya.

Harassment of journalists and media workers

Belarus is currently the most challenging environment for journalists in Europe, ranking 167th out of 180 countries in the 2024 World Press Freedom Index published by Reporters Without Borders (RSF).

As of October 31, 36 journalists and media workers had been incarcerated. The number of detainees has increased compared with the data for September (33 persons). Thus, there has been no decrease in the repression of journalists with the release of media workers under the amnesty/pardon.

In October, journalist Ihar Ilyash, husband of political prisoner and journalist Katsiaryna Bakhvalava, who was twice arbitrarily sentenced for her professional activities, was detained. Pro-government Telegram channels published his photo and a penitential video. At the end of October, Ihar was charged and transferred to the pre-trial detention center.

On October 25, the Supreme Court considered the appeal of journalist and human rights activist Uladzimir Khilmanovich, who was found guilty in absentia of "promoting extremist activity" and "participating in an extremist formation." The verdict was upheld, and the appeal was dismissed.

The List Of Belarusian Citizens, Foreign Nationals, and Stateless Persons Engaged in Extremist Activities is expanding. This includes media personnel. Accordingly, on October 11, the Ministry of Internal Affairs added Yauhen Hlushkou and Aliaksandr Sabaleuski to the List.

Violation of the freedom of peaceful assembly. Suppression of freedom of expression

The state has failed to comply with its international obligations to respect, protect, and ensure the realization of the rights to freedom of peaceful assembly and expression.

In October, at least 34 criminal prosecutions have been initiated under articles 342 (participation in actions that grossly violate public order), 369 (insulting a public officer), and 368 (insulting the President of the Republic of Belarus) of the Criminal Code.

As reported by the Brest Viasna chapter, six individuals were tried in Brest on October 23 and 24 for their involvement in the August 10, 2020 protest. The individuals in question are Andrei Karchaha, Iryna Saroka, Taisia Litsvinava, Siarhei Piatruchyk, Dzmitry Bulanau, and Valery Maroz. 

The Leninski District Court of Brest considered the criminal case against Siarhei Nichyparuk, Aliaksandr Klimashevich, and Yauhen Bychko on October 7-9, 2024. All defendants were charged under Part 1 of Article 342 of the Criminal Code. On August 10, 2020, in Brest, they "engaged in disorderly conduct, shouted slogans and demonstrated white-red-white flags, obstructed the movement of vehicles, and impeded the normal functioning of businesses." The court determined that the defendants' actions constituted a flagrant breach of public order. The court has handed down a sentence of one to one and a half years of imprisonment. As a result of the ongoing investigation, the identities of approximately 61 individuals who were sentenced under Article 342 of the Criminal Code for their involvement in the protests in Brest on August 10, 2020, have been established. Most of the accused are sentenced to imprisonment.

Both in-person and in absentia prosecutions of protesters and dissenters result in severe violations of fair trial standards.

On October 4, Aliaksandr Yatsenka was convicted in absentia in the Leninski District Court of Mahilioŭ. The individual was found guilty of insulting a public officer (Art. 369 of the Criminal Code) and sentenced to two years of imprisonment. It is known that Aliaksandr Yatsenka was tried for comments about police officers.

Bazhena Zholudz, a 25-year-old activist from Rečyca, has been sentenced in absentia to five years of imprisonment. The woman's trial was held on October 2 in the Mahilioŭ Regional Court. The trial was conducted in camera by Judge Siarhei Mazurau. Bazhena has been found guilty of three offenses: "illegal handling of information about private life and personal data" (Article 203-1 of the Criminal Code), "calls for sanctions" (part 3 of Article 361 of the Criminal Code), and "insulting a judge" (Article 391 of the Criminal Code).

On October 11, Zhanna Avramchyk was convicted by Salihorsk District Court under part 1 of Article 368 of the Criminal Code for insulting A. Lukashenka and Article 369 for insulting a public officer.

On October 21, Minsk City Court found Alena Barysiuk guilty of incitement to social hatred under part 1 of Article 130 of the Criminal Code. Judge Mikhail Makarevich sentenced Alena to two years and six months of imprisonment. Students from different universities were brought to the announcement of the verdict. Alena was accused of making comments about Lukashenka, the police, and participants in the war in Ukraine. Barysiuk was previously convicted on a political charge. In the spring of 2023, she was sentenced to one year and six months of restricted freedom for leaving a comment under a photo of a police officer.

Within one week, from October 21 to 25, 11 trials were held for insulting A. Lukashenka (Article 368 of the Criminal Code). Since 2020, at least 950 people have been convicted for this offense (including in combination with other politically motivated charges). 

On October 4, the trial of 48-year-old environmental activist Stanislau Taspayeu began at the Miadzieĺ District Court. He is charged with "discrediting Belarus" (Article 369-1 of the Criminal Code) and "repeatedly violating the order of organizing or holding mass events" (Article 342-2 of the Criminal Code). Judge Aliaksandr Shutko is considering the case. In 2021, Stanislau had already been sentenced to restricted freedom for political reasons. In May, he was tried for "unauthorized picketing." It is known that Stanislau has a disability. Previously, he was diagnosed with oncology, but recently, the man went into remission.

On October 25, two families—the Petrashkeviches (Larysa and Aleh) and the Kuprienkas (Siarhei and Yulia)—were charged in the Frunzienski District Court of Minsk for their participation in the protests.

Viasna data show that at least 2,740 individuals have been convicted under Article 342 of the Criminal Code since 2020.

The Viasna Human Rights Center has released its findings regarding the total number of detentions in the third quarter of 2024. According to their data, there were 1,221 cases of politically motivated repression in Belarus from July 1 to September 30. These include searches, summonses for interrogations, trials, and other forms of prosecution. Of those, 360 were detentions. However, these numbers could be much higher because human rights activists do not have all the information on repression. The most commonly referenced article is 19.11 of the Administrative Violations Code, which pertains to the distribution of extremist materials. At least 380 individuals were convicted of this violation over three months.

Persecution masquerading as combating extremism and terrorism

Legislation designed to combat extremism and terrorism is being employed by the Lukashenka regime as a means of politically motivated persecution of political opponents and dissidents, to impede their ability to exercise their civil and political rights.

Including various entities in the List of Organizations, Formations, and Individual Entrepreneurs Involved in Extremist Activities provides the basis for pursuing legal action against individuals for their involvement in or contribution to these activities. In October, four items were added to the List of Extremist Formations. Over three years, 243 relevant decisions were made by the KGB and the Interior Ministry (the first decision dating back to September 21, 2021). The recently designated "extremist formations" include the non-formal and civic education organizations ABF It Is Great to Be Active and School of Leadership, as well as the International Committee for the Investigation of Torture, a project of the human rights organization Legal Initiative. The International Committee, in collaboration with Viasna, is responsible for documenting and investigating crimes against humanity related to the 2020 post-election protests within the International Accountability Platform for Belarus (IAPB).

In October, 118 individuals, including 38 women, were added to the List of Citizens of the Republic of Belarus, Foreign Nationals or Stateless Persons Involved in Extremist Activities. There are currently 4,494 names on the List. Individuals placed on the List for an extended period (the duration of the criminal record and five years after its expungement) are subject to limitations on their rights.

Following 121 court decisions, the Republican List of Extremist Materials has been updated to include Telegram channels, YouTube and TikTok channels, social media pages, and other sources and media identified as extremist.

In October, for instance, several Telegram channels and bots associated with initiatives that assisted detainees and their relatives following the 2020 protests were designated as "extremist."

The dissemination of "extremist materials," broadly defined by Belarusian security services and courts, can result in detention or a substantial fine. This encompasses a wide range of actions that are not explicitly prohibited by law or may be subject to prosecution under the Administrative Violations Code.