Four foreigners were convicted in Belarus for "espionage"
As of November 29, according to the estimates of Viasna, at least four people were convicted in Belarus under Article 358 of the Criminal Code (espionage): Polish citizen Tomasz Biaroza, Ukrainian citizen Andrei Shmai, Ukrainian citizen Natallia Zakharanka, who was exchanged in June, and Russian citizen Dzmitry Shlethauer, who died on October 11 Mahilioŭ penal colony. Biaroza and Shmai are currently serving their sentences in penal colonies. Four political prisoners were tried behind closed doors, so the circumstances of their charges are unknown.
We discussed with Viasna lawyer Pavel Sapelka the difference between "espionage" and "agent activity" and the reasons for conviction under Article 358 of the Criminal Code.
- KGB pre-trial detention centre. Screenshot from a propaganda film
What does the "espionage" article stipulate and how does it differ from "agent activity"
"The difference between 'espionage' and 'agent activity' depends on specific actions attributed to the accused. 'Espionage', according to the legislation, is the transfer, as well as the collection, theft, or storage for the purpose of transferring information to a foreign state, international or foreign organization or their representatives; the information must constitute state secrets of the Republic of Belarus, as well as information constituting state secrets of other states transferred to the Republic of Belarus in accordance with the legislation of Belarus; the act must be committed intentionally by a foreign state a citizen or a stateless person. The same actions committed by citizens of Belarus are categorized as 'treason to the state'," Pavel Sapelka notes.
This article stipulates imprisonment for seven to fifteen years.
"'Agent activity' is a more formal action, it is 'cooperation of a foreign citizen or a stateless person with a special service, security agency, or intelligence agency of a foreign state, an international or foreign organization, involving the commission of actions aimed in advance at harming the national security of the Republic of Belarus', in the absence of signs of more serious crimes against the state", explains the Viasna lawyer.
If the data transmitted to a foreign state contains state secrets, the actions will be considered "espionage".
In September 2023, Lukashenka signed the Law on Changing the Codes of Criminal Liability, according to which, the period of detention of people suspected of "treason to the state", "espionage", "agent activities", and "conspiracy to seize state power" increased from three to ten days.
People considered as "spies" by the regime
Polish citizen Tomasz Biaroza
In the Brest Regional Court in June 2023, a political prisoner was sentenced to 14 years in a penal colony. He was accused of "agent activity" (Part 1 of Article 358-1 of the Criminal Code) and "espionage" (Article 358 of the Criminal Code). The case was handled in closed mode by Siarhei Beraziuk. Tomasz is serving his sentence in penal colony No. 22. Tomasz's property (a trailer) was confiscated as that of a debtor and auctioned on April 25, 2024.
Citizen of Ukraine Andrei Shmai
Andrei was born in Chernihiv and has Ukrainian citizenship. He moved to Belarus after his marriage. The family has been living in Viciebsk for 10 years. Andrey worked as a building maintenance worker for the Viciebsk Regional Executive Committee. It is known that Andrei Shmai is a former military man. He served on the Belarusian-Ukrainian border as an inspector at the Yarylovychi checkpoint. The political prisoner was detained on January 19, 2023, right at his workplace.
He was charged under two articles of the Criminal Code: Article 358 (espionage) and Article 358-1 (agent activity). His case was handled by the Viciebsk Regional Court from February to June 2024. The judge, Yauhen Burunou, sentenced Andrei to imprisonment in a penal colony. The exact term is unknown to human rights defenders.
In the ONT film about the terrorist attack in Mačuliščy and the Security Service of Ukraine network, which was released on April 5, 2023, it is said that Andrei Shmai regularly sent information about the situation in the regional executive committee via the Signal messenger to Ukraine to his younger brother Ruslan, who serves in the Chernihiv operational directorate and is deputy commander for operational affairs.
Citizen of Ukraine Natallia Zakharanka
The businesswoman from Ukraine was detained in early July 2023. The resident of Chernihiv disappeared on the way to Mazyr (Belarus), where her sister lives. The first one to notice that something was wrong was the woman's daughter: she could not reach her mother after the latter crossed the Polish-Belarusian border, and the official authorities were silent. It turned out that she was detained and accused of "espionage in favor of Ukraine" under Article 358 of the Criminal Code.
As reported by the Ukrainian media, Natallia was a volunteer: after the outbreak of the war she transported Ukrainian refugees to the EU and Belarus and transferred documents and medicines. It is also known that Zakharanka traveled to Belarus in her own car.
Natallia's trial began on February 15, 2024, in the Homieĺ Regional Court in closed session. Judge Anatol Sotnikau sentenced her to nine years in a penal colony and confiscated her minibus.
On the evening of June 28, 2024, there was sudden news about the release of five political prisoners from the Belarusian penal colonies and a pre-trial detention facility. The Ukrainian authorities secured the release of their citizens. Natallia was among them.
Russian citizen Dzmitry Shlethauer
Dzmitry Shlethauer was 22 years old. He was born in Slavgorod, Russia. In 2018, he received a Belarusian residence permit. The man worked in Kamianiec at an enterprise producing polymer products and packaging.
The political prisoner was kept behind bars for a little less than a year — he was detained on November 23, 2023. According to human rights activists, Dzmitry's brother was also detained, but later he was deported to Russia. A few months ago, Shlethauer was tried under two articles of the Criminal Code: Part 1 of Article 361-4 (assistance to extremist activities) and Article 358 (espionage). While the trial was taking place, he became a father.
According to Viasna, Dzmitry was sentenced to 12 years in a medium security penal colony. In early autumn, he was sent to serve time in Mahilioŭ penal colony No. 15, where he was immediately sent to a punishment cell. Shortly after the transfer, he was found dead.
On November 6, Lusterka published information about the cause of Dzmitry Shlethauer's death. According to a friend of the family, the death certificate of the political prisoner indicates "mechanical asphyxia" as the cause. Very often, such a record is made in cases of suicide. According to the source of the publication, the family does not believe in suicide, since Dzmitry had plans and was going to petition for pardon.
