Over four years, more than 1,200 people have been convicted of "slandering" and "insulting" Lukashenka

On October 29, the Central Election Commission of Belarus decided to register an initiative group to nominate Aliaksandr Lukashenka as a candidate for the seventh presidential election. At the same time, there is ongoing persecution for political activity in disagreement with the falsified election results in 2020. Thus, criminal detentions and trials for statements about Lukashenka do not stop. It should be noted that human rights defenders have long advocated the decriminalization of defamatory articles, as this contradicts the very essence of the right to expression. Viasna reports the number of people convicted since 2020 for "insulting Lukashenka" (Article 368 of the Criminal Code) and "slandering Lukashenka" (Article 367 of the Criminal Code) and the most absurd reasons for persecution under these articles.

Illustrative photo

Why should defamatory articles be decriminalized?

In Belarus, the prosecution continues under defamation articles — the laws stipulating punishment for criticism of the authorities, its symbols and attributes, insulting officials, and slander against them. Following principles 7, 15, and 16 of the Johannesburg Principles, expression of an opinion that does not constitute a threat to national security includes, but is not limited to, statements:

• supporting a nonviolent change in government policy or a change in the government itself;
• criticizing or insulting the nation / state / state symbols / government / government departments / state and public figures / foreign states and their governments;
• opposing conscription or military service as such;
• opposing a specific conflict or threat of the use of force to resolve international disputes;
• aimed at transmitting information about alleged violations of international human rights standards or international humanitarian law.

As human rights defenders emphasize, criticism or insults that are aimed at inciting violent actions or that may lead to such actions do not fall under protection. 

In a democratic state, which sets as its highest value and goal a person and their rights (preamble to the Constitution of the Republic of Belarus), defamation cannot be criminalized, since this contradicts the very essence of the right to expression.

"The current legislation and active law enforcement practice are aimed at suppressing any dissent and disproportionately punishing those who decide to say, write, do something that, from the authorities' point of view, is undesirable, dangerous, prohibited, and destructive," human rights activists say.

How active is the repression for "insulting" and "slandering" Lukashenka now?

Detentions have not stopped since 2020 and criminal trials under these defamation articles continue. For example, in just two weeks — from October 21 to November 1 — about 20 people were tried for "insulting Lukashenka" (Article 368 of the Criminal Code), and some of them were additionally tried under other articles of the Criminal Code. Seven people were also convicted of "slandering Lukashenka" (Article 367 of the Criminal Code). 

Trials for "insulting Lukashenka"

Since 2020, at least 963 people have been convicted under Article 368 of the Criminal Code (insulting Lukashenka). Some of them were also tried under other articles. At least 514 people were sentenced to imprisonment in penal colonies. The rest, to restriction of freedom with or without referral to an open-type correctional facility.

At least 151 women have been convicted since 2020 under Article 368 of the Criminal Code.

Trials for "slandering Lukashenka"

Article 367 of the Criminal Code stipulates punishment in the form of imprisonment for up to six years. Since 2020, at least 263 people have been convicted under Article 367 of the Criminal Code (slandering Lukashenka), and 149 of them have been sentenced to a general security or medium security penal colony.

What are the reasons for trying under these articles?

Most of the people prosecuted for insulting and slandering Lukashenka are tried for comments on social media. But the regime finds them in other forms as well. Here are some examples.

Reaction on Odnoklassniki to a caricature of Lukashenka 

Mikalai Klimovich

Mikalai Klimovich, a blogger from Pinsk, who died imprisoned, was also convicted of "insulting Lukashenka." The man was charged under Part 1 of Article 368 of the Criminal Code for reacting on Odnoklassniki to a caricature of Lukashenka. In the Court of the Pinsk District and the City of Pinsk, on February 28, 2023, his sentence was announced — one year in a penal colony. Such a verdict was passed by Judge Andrei Bychyla at the suggestion of prosecutor Illia Huzarevich, although Mikalai Klimovich had a disability. Klimovich was detained in the courtroom. The man survived in custody for a little more than two months. He stayed in the penal colony for about two weeks.

Swearing in the presence of the employees of the Security Department

Also in August, Yervand Martirasian, a 50-year-old resident of Viciebsk, was sentenced to two years in a penal colony for "repeatedly uttering offensive expressions" about Lukashenka in the presence of the employees of the Security Department. The case was presided over by Judge Sviatlana Kuzmichonak.

Stand-up performance 

Slava Kamisaranka

In August 2024, special proceedings were initiated against stand-up comedian Viachaslau Kamisaranka under Part 1 of Article 130 of the Criminal Code (inciting hatred), Part 2 of Article 367 (slandering Lukashenka), and Article 368 (insulting Lukashenka). He was tried for his stand-up performances mentioning Lukashenka.

A poster on the march in 2020 

In February 20024, the court of the Leninski District Court of Hrodna sentenced spouses Siarhei and Tatsiana Chyzh, who were accused of "slandering Lukashenka" under Part 2 of Article 367 of the Criminal Code. The case was heard by Judge Natallia Kozel.

According to the materials of the prosecution, in August 2020, Siarhei and Tatsiana took part in an unauthorized mass event. Together with protesters, they marched through public places of the city, the central square, and the Žylibera Park. At the same time, they showed a poster that "contained defamatory information about Lukashenka." The court sentenced Siarhei to three years in an open-type correctional institution and Tatiana — to three years of home confinement.

Photo of a middle finger on the background of Lukashenka's New Year's speech

Dzianis Kisialiou was convicted in the Kobryn District Court on February 25 under Part 1 of Article 368 of the Criminal Code (insulting Lukashenka). The resident of Kobryn was sentenced to 1.5 years in an open-type correctional institution for a photo of his middle finger on the background of a TV program showing Lukashenka's speech on New Year's Eve, which he posted in a closed Telegram chat.

At the end of February, the trial was held in the case. As a result, judge Vadzim Zdanovich sentenced Kisialiovu to one and a half years of restriction of liberty with referral to an open-type correctional institution. In addition, his smartphone was confiscated.

For a Chatroulette conversation

In February 2023, a resident of Pružany was detained for talking in a Chatroulette. In a conversation with provocateur and former security officer Ihar Kaniushyk, 35-year-old Siamion spoke out against Lukashenka. According to the security forces, a criminal case was initiated against the man under Article 368 of the Criminal Code for publicly insulting Lukashenka.

Entry in the book of comments and suggestions at a gas station

On May 31, 2021, the Сourt of the Baranavičy District and the City of Baranavičy sentenced Vyacheslav Kulba, 47, on charges of publicly insulting the president (Part 1 of Article 368 of the Criminal Code) to two years of home confinement. According to the prosecution, Viachaslau Kulba, on November 20, 2020, "being intoxicated at the Belarusneft gas station in the presence of gas station employees Chychkan and Furs, intentionally, with the aim of publicly insulting the current president A. R. Lukashenka, knowing the humiliating nature of his statement, hoping that in the future the record would become available to an indefinite circle of people, made a written entry in the book of comments and suggestions of a gas station with his hand, containing information of an offensive nature:

"There are no complaints. I do not understand the staff of your gas station that supports the regime of the usurper Lukashenka."

In the hospital, he called Aliaksandr Lukashenka a "moron" 

Yury Kavaliou. Photo from the personal archive

In July 2021, in Buda-Kašalioŭ, Yury Kavaliou was convicted in a criminal case for insulting the president (Article 368 of the Criminal Code). The hearing was held behind closed doors. Viasna learned that the reason for the trial was that Kavaliou, while in the hospital, called Aliaksandr Lukashenka a "moron."

Kavaliou has pleaded not guilty. At the trial, he said that "a dictator is worse than a moron, and Lukashenka calls himself a dictator". Yury Kavaliou was sentenced to a year of imprisonment in a general security penal colony.