Human rights situation in Belarus. November 2024

Summary:

• Widespread arbitrary repression against political opponents of the regime and dissidents in Belarus intensified in the run-up to the presidential election announced by the authorities. In the absence of significant protests, the authorities extend repression to areas of public life they consider suspect and groups perceived as disloyal. This creates an atmosphere of fear and stifles the rebuilding of opposition political institutions and an independent civil sector. The rise of state terror is a potential threat to anyone who is not a supporter of the regime.

• Viasna welcomes the ongoing process of releasing political prisoners, particularly those from vulnerable groups, before the completion of their sentences and supports all continuing efforts to sustain this process. The release of each individual is priceless and does not contradict the demand and strategic goal expressed by human rights activists – the release of all political prisoners.

• Despite the release of a significant number of political prisoners upon completion of their sentences and through pardon, the overall figure remains relatively consistent. As of the end of November 2024, there were 1,296 political prisoners in Belarus, including 172 women. Last month, the human rights community declared 62 people political prisoners. Since the summer of 2020, the human rights community has identified 3,638 individuals as political prisoners, 669 of whom are women.

• 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, Maria 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. Viktar Babaryka, Mikalai Statkevich, Siarhei Tsikhanouski, and others have been deprived of contact with the outside world and with 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.

• In November, the results of criminal prosecutions in Belarus for October were summarized. Of the 172 individuals convicted, 52 were women, and 120 were men. Twelve others were sentenced in special proceedings.

• From September through mid-November, the courts heard at least 1,213 administrative cases related to political dissent, most of which concerned the distribution of “extremist materials.” Mass detentions have been carried out in numerous locations across Belarus, including in smaller towns. In November, human rights defenders documented 671 instances of repression, including 377 administrative trials. One-third of those persecuted are women. Most of the cases were registered in the Brest and Homieĺ regions.

• The List of Persons and Entities Involved in Extremist and Terrorist Activities and the List of Extremist Materials are updated regularly. This forms grounds for new attacks on civil society and its representatives and is also an additional, often extrajudicial, means of arbitrarily restricting citizens’ rights and freedoms.

• Viasna human rights defenders still regularly register and document instances of torture and other prohibited treatment during politically motivated criminal investigations, as well as in administrative proceedings. The same applies to inmates in detention facilities.

• The expert mission of the campaign “Human Rights Defenders for Free Elections,” organized by the Belarusian Helsinki Committee and the Viasna Human Rights Center, has published its first report since the beginning of the election campaign. The report provides an overview of the situation before the elections. Another analytical report addresses the formation of territorial election commissions.

• The Viasna Human Rights Center cordially invites visitors to the opening of the exhibition “Feelings” in Warsaw on December 10. The event will feature a collection of images created by political prisoners of Belarus in prison conditions. Additionally, the musical album “Yellow-labelled” will be presented.

• In observance of the International Day for the Elimination of Violence against Women on November 25, 16 days of activism against gender-based violence commenced, concluding on December 10, International Human Rights Day.

Politically motivated prosecution. Political prisoners

In early November, it was revealed that Dmitry Shletgauer, the seventh political prisoner to die in prison, passed away on October 11 at Mahilioŭ Correctional Facility No. 15. The death certificate of the political prisoner indicates that the cause of death was “mechanical asphyxia.” It is very common for suicides to be on record in this way. According to a Zerkalo source, the family does not believe in suicide, as Dmitry shared plans with them and was going to write a petition for clemency. In the summer of 2024, the man was sentenced to 12 years in prison on charges of espionage (Article 358 of the Criminal Code) and promoting extremist activities (Part 1 of Article 361-4 of the Criminal Code).

As of November 30, there were 1,296 political prisoners in Belarus, including 172 women. 31 political prisoners are in a critical state of health, which is not compatible with their imprisonment. In November, 62 people were recognized by human rights activists as political prisoners.

At the end of November, the number of former political prisoners reached 2,392, including 499 women. It has been confirmed that at least 24 political prisoners completed their sentences in November, and at least 15 political prisoners have done so in October. 

In November, A. Lukashenka approved the pardoning of 63 individuals convicted on political grounds, as stipulated in two presidential decrees. Since June of this year, 178 individuals have been released as a result of pardons.

Concurrently, the overall rate of politically motivated prosecution is on the rise. It is estimated that at least 7,615 individuals have been subjected to politically motivated criminal prosecution since 2020, with at least 6,249 individuals receiving politically motivated convictions. 

In November, at least 671 politically motivated repressions (detentions, searches, etc.) stemming from criminal and administrative prosecution were recorded.

Political prisoners who remain in places of detention continue to experience pressure from prison administrations. This includes placement in punishment cells and the Secure Housing Unit, transfers to high-security prisons, new criminal charges, arbitrary isolation from contact with the outside world, and other forms of pressure.

The Viasna publication presents an overview of the ongoing persecution of political prisoners following their release.

The available information indicates that the following political prisoners are being held in an incommunicado regime: Mikalai Statkevich, Maksim Znak, Ihar Losik, Siarhei Tsikhanouski, Viktar Babaryka, Aliaksandr Frantskevich, Andrei Novikau, and Uladzimir Kniha. This form of detention, which prohibits any communication with the outside world, represents a form of torture under the current conditions and contains signs of enforced disappearance. Maria Kalesnikava was allowed to see her father after spending more than 600 days incommunicado.

The political prisoners Aliaksandr Aranovich, Siarhei Kanavalau, Pavel Spiryn, Dzmitry Kazlou, and Ihar Karnei were charged under Article 411 of the Criminal Code based on multiple disciplinary sanctions imposed on prisoners. The trials were held in November, and the verdicts are still unknown to human rights defenders. Typically, the trials are conducted in camera on the premises of correctional facilities.

New politically motivated charges have been brought against Tsimur Khairulin, a former political prisoner who was released from prison at the conclusion of his sentence. He was previously charged with insulting a public officer (Article 369 of the Criminal Code). The court handed down a six-month prison sentence, after which the man was taken into custody in the courtroom.

It has been revealed that the court will deliberate on transferring political prisoner Siarhei Maushuk to a high-security prison.

Persecution of human rights defenders

Maria Rabkova and Andrei Chapiuk have been held captive for a period exceeding four years in connection with their human rights activities. Similarly, Nobel Peace Prize laureate Ales Bialiatski, human rights defenders Valiantsin Stefanovic, and Uladzimir Labkovich have been behind bars for over three years. Nasta Loika, a human rights activist working with Human Constanta, has spent two years in prison.

According to data available to Viasna human rights activists, more than 50 activists associated with independent trade unions and organizers of labor strikes at various workplaces were detained between September 2020 and 2024. Many have been prosecuted for their activities in defense of workers’ rights.

The Ministry of Internal Affairs has added Alena Masliukova, a Viasna human rights activist previously sentenced in absentia, to the List of Citizens of the Republic of Belarus, Foreign Citizens, and Stateless Persons Involved in Extremist Activities.

Furthermore, several human rights defenders were listed in the databases of wanted persons in Belarus and Russia.

November 15 marks the Day of the Imprisoned Writer. In 1981, PEN International designated this day to express support for incarcerated writers. Annually, national PEN centers and their international partners commemorate this day to highlight the unjust incarceration of writers in various countries. According to PEN Belarus’s calculations, at least 38 men and women of letters are in detention in Belarus. The total sentence handed down was 238 years of imprisonment or freedom restriction.

Torture, cruel, inhuman, degrading treatment

Since 2020, Viasna human rights defenders have registered more than 1,850 survivors of torture and other prohibited treatment. In the video produced by Viasna, Hanna, a student and activist, Artsiom Zadrutski, a former political prisoner in the “Zeltsar case,” and Yaraslau, convicted for the largest demonstration in Belarus’s history, discussed the use of torture and ill-treatment during detention and in Belarusian correctional facilities.

Human rights defenders receive detailed information from survivors of ill-treatment and arbitrary deprivation of liberty regarding the circumstances of the cases.

Former political prisoners have reported that the prison administration has arbitrarily restricted their ability to make up for the widespread lack of food by shopping in the commissary.

The report, entitled “How Survivors of Torture and/or Ill-treatment Perceive Justice,” was prepared by human rights activists from Viasna HRC and Legal Initiative. It focuses on how Belarusians who faced state violence during and after the 2020 mass protests perceive justice. The document is a unique three-part study of justice, including legal analysis, psychological aspects, and sociological data.

Twelve prominent human rights organizations have released an open letter expressing support for Lithuania’s referral to the Office of the Prosecutor of the International Criminal Court (ICC). The letter calls on ICC member states to join Lithuania’s appeal to investigate crimes against humanity allegedly committed by the top leadership of the Lukashenka regime.

Degeneration of the Bar. Harassment of lawyers

The Bar continues to serve the interests of the regime. In an interview with the state news agency BelTA, Aliaksei Shvakau, chairman of the Belarusian Republican Bar Association, highlighted the legal work of lawyers in various enterprises and educational institutions on one of the “most pressing issues for the public” — the upcoming presidential election. He noted that “lawyers not only explain the basic norms of legislation but also draw attention to the responsibility of everyone for their vote.”

During the election period in Minsk, representatives of the Minsk City Bar Association are available to provide free consultations in the public reception offices of the Minsk city and district organizations of the Belaya Rus Association. When visiting the offices, “citizens are encouraged to express their support for Aliaksandr Lukashenka as a candidate for President of the Republic of Belarus by signing for him.”

During workplace awareness-raising activities, lawyers provided “guidance on the administrative and criminal responsibilities associated with violations of public order and security.”

During the three months of autumn 2024, the Qualification Commission under the Ministry of Justice terminated the licenses of four lawyers: A. Marozau, Yu. Marozau, M. Seviaryn, and E. Rozavaya.

The current situation at this pivotal institution of the state’s legal system is adversely impacting the rights of individuals requiring specialized legal counsel and robust protection of their rights. The loss of independence for the Bar has a detrimental impact on lawyers’ ability to manage professional risks, erode trust, encourage self-censorship, and ultimately lead to a decline in the overall professional standard.

Harassment of journalists and media workers

As of November 30, 36 journalists and media professionals have been incarcerated.

As of the end of November, it was announced that the Škloŭ District Court would commence proceedings on December 11 regarding a new criminal case of the imprisoned journalist and blogger Ihar Karnei. Karnei was sentenced to three years of imprisonment in March of this year. Judge Aliaksandr Tarakanau will consider the case. The journalist has been charged under Part 1, Article 411 of the Criminal Code (persistent disobedience to the demands of the prison administration). It has been confirmed that the Škloŭ Correctional Facility No. 17 administration has placed the journalist in the Secure Housing Unit on multiple occasions. Thus, he will be subjected to a criminal trial for violations the administration has already admonished him. The political prisoner faces another year of imprisonment.

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

It is concerning that Belarus persists in failing to comply with international obligations to respect, protect, and ensure the realisation of the rights to freedom of peaceful assembly and expression. Protesters and dissidents are subjected to prosecution both in person and in absentia, with serious violations of fair trial standards.

On November 6, the Leninski Borough Court of Brest handed down sentences to Artur Trushko, Vadzim Kutasevich, and Alina Novikava under part 1 of Article 342 of the Criminal Code (active participation in actions that grossly violate public order). Judge Dzmitry Shuryn considered the case. Brest Regional Court published the verdict in a press release, as noted by the Brest Viasna chapter. The judge sentenced Artur Trushko and Vadzim Kutasevich to one year and six months each. Alina Novikava will be subject to two years of home confinement.

The Luniniec District Court held hearings on October 28 and 31 to consider the criminal case of Artur Molchan and Artur Kanapatski under Article 370 of the Criminal Code (desecration of a state symbol). Judge Sviatlana Bratanava found the defendants guilty and sentenced each to six months of imprisonment. The trial was conducted in an extramural session, with students from Polytechnic and Agrarian Colleges in attendance. Molchan and Kanapatski were immediately taken into custody. As reported by the Brest Viasna chapter, the men were convicted for removing the national flag from a store building in the agricultural settlement of Dziatlavičy in 2021 and subsequently burning it. 

On October 8, 46-year-old Aliaksandr Akakiyeu’s trial was held in Rahačoŭ District Court. He was accused of insulting A. Lukashenka (part 2 of Article 368 of the Criminal Code). The Homieĺ Viasna chapter has announced that Judge Iryna Pradun has handed down a one-year and six-month prison sentence to Aliaksandr.

Viasna HRC also presented an overview of the number of individuals convicted since 2020 for insulting and libeling A. Lukashenka and a detailed account of the most unconventional reasons for prosecution under these articles.

Persecution masquerading as combating extremism and terrorism

The legislation on tackling extremism and terrorism in Belarus is used exclusively for politically motivated persecution of citizens for the exercise of their civil and political rights. Furthermore, it is an instrument of state terror, in particular for the creation of formal prerequisites to justify arrests and prolonged imprisonment.

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 November, four items were added to the List. Over three years, 246 relevant decisions were made by the KGB and the Interior Ministry (the first decision dating back to September 21, 2021). Among the recently identified “extremist formations,” the “Order Neighborhood Coalition” stands out. The large-scale detentions that occurred in Belarus in late September, affecting at least 200 individuals, were allegedly connected with this group.

In November, 120 individuals, including 37 women, were added to the List of Citizens of the Republic of Belarus, Foreign Nationals or Stateless Persons Involved in Extremist Activities. The list of new names includes human rights activist Alena Masliukova, who has been convicted in absentia, and public activists Veranika Tsapkala and Volha Karach, who are described as serving their sentences. However, all three live abroad. There are currently a total of 4,714 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 107 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 outlets identified as extremist. The dissemination of “extremist materials,” usually 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. Sharing a few banned links on social media becomes grounds for indefinite administrative detention – consecutively for each of the saved or “circulated” links.

According to First Deputy Information Minister Andrei Kuntsevich, the List contains 6,565 materials and has been maintained and updated since September 2008. The Viasna Legal Service provided an analysis of how information products can be deemed extremist following a court decision.