Persecution for "agent activity" in Belarus. 19 foreigners convicted
Since the beginning of Russia's full-scale war against Ukraine, the persecution of foreigners for "agent activity" has become more frequent in Belarus (Article 358-1 of the Criminal Code). Citizens of Ukraine, Lithuania, Latvia, Poland, Japan, and Germany have been persecuted under it. At least 19 people have been convicted of "agent activity" in Belarus to date. Together with punishments under articles, they were sentenced to a total of 135 years of imprisonment. Nine judges participated in these political trials.
- Some of the foreigners convicted for "agent activity"
We report on the persecution for "agent activity" in Belarus and how it differs from "espionage".
This article stipulates a penalty of imprisonment for three to seven years in a penal colony. In the Criminal Code, "agent activity" 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 related to actions aimed in advance at harming the national security of the Republic of Belarus."
Viasna lawyer Pavel Sapelka explains:
"Agent activity is an indefinitely wide range of actions, which is defined as 'cooperation' with an indefinitely wide wide range of foreign or international actors — the transfer, for example, of unclassified data 'in order to harm the national security of Belarus.' If such data contains state secrets, then the actions will be considered espionage."
In the text of the document The Concept of National Security of the Republic of Belarus, the definition of national security and its threat is very generalized.
"This is another extremely broad, wordy definition that gives space for arbitrary assessments. One can be sure of only one thing: this is not the last time when the national interest will be replaced by the interests of the ruling power," comments the Viasna lawyer Pavel Sapelka.
In addition, trials for "agent activity" often take place behind closed doors, and it remains unknown what a person is accused of exactly.
"Transferred information about guests arriving on vacation"
- Alena Romanauskiene
Alena Romanauskiene, head of the marketing service of a Lithuanian health resort in Druskininkai, was presumably detained in 2023 upon her return to Belarus from Lithuania. As reported by the state media, she was accused of "repeatedly transferring information about guests arriving on vacation, including high-ranking Belarusian officials." The woman was allegedly recruited by Lithuanian special services 10 years ago.
On June 11, 2024, in the Minsk City Court, Alena Romanauskiene was convicted in a closed session under Article 358-1 of the Criminal Code and sentened to six years in a general security penal colony.
"Traveled for reconnaissance." A Japanese citizen in the KGB detention center
- Nakanishi Masatoshi
This year, in September, it became known about the detention of Japanese Nakanishi Masatoshi by security forces. The details of his persecution were shared on state television. It is alleged that Nakanishi began traveling to Eastern European countries for reconnaissance.
According to Kanstantsin Bychak, head of the KGB investigation department, the Japanese "while on the territory of our country, collected and transmitted military intelligence information to the Japanese special services. In particular, about the Belarusian military infrastructure, the movement of troops and military equipment, the current situation in the south, and so on."
Nakanishi is held in the KGB pre-trial detention center on charges of "agent activity" (Article 358-1 of the Criminal Code).
"Prepared the Belarusian military for the recruitment on the instructions of the Latvian special services"
- Ala Sakalenka interrogated. Screenshot from a film on state television
Latvian citizen Ala Sakalenka was detained in the spring of 2022. Then there was an announcement about the disappearance of two women from Latvia. Subsequently, it became known that Sakalenka was detained as part of a criminal case for "espionage activities." In the winter of 2022, in a film on state television it was reported, "On the instructions of the Latvian special services, Sakalenka prepared the Belarusian military for the recruitment, collected data, created compromising situations, which then serve as the basis for recruitment by foreigners."
In the autumn of 2023, Ala Sakalenka was sentenced under Article 358-1 of the Criminal Code to imprisonment in a penal colony. Her term is unknown.
Two Polish citizens were convicted of "agent activity" and "espionage"
- Tomasz Biaroza (left) and Yerzy Zhyvaleuski
A resident of Kobryn and a Polish citizen, Tomasz Biaroza, was convicted in June 2023 under Article 358 of the Criminal Code (espionage) and Article 358-1 of the Criminal Code (agent activity) and sentenced to 14 years in a medium security penal colony. He has a Belarusian wife from the Kobryn district.
The second Polish citizen, Yerzy Zhyvaleuski, was sentenced in February 2023 under Article 358-1 of the Criminal Code (agent activity) to four years in a penal colony.
Both cases were heard behind closed doors, so human rights defenders do not know their details.
DJ from Kobryn was sentenced to 6 years for "agent activity"
- Artsiom Makavei
Ukrainian citizen Artsiom Makavei was detained in the winter of 2023 at his home in Kobryn. Artsiom has been living in Belarus since 2009. The man worked as a DJ in Brest and Kobryn.
In the spring of 2024, Artsiom was convicted under Article 358-1 of the Criminal Code and sentenced to six years in a penal colony. The trial was held behind closed doors, so the essence of the charge is unknown.
