Criminal case on mass riot: 7 accused, 13 suspects and 31 convicts (updated on 6 June)

According to information of the Ministry of Internal Affairs of 5 April, the preliminary investigation into the criminal case on the "mass riot" came to an end. Ten figurants received new, milder charges - under Article 342, part 1 (organization and preparation of actions that grossly violate the public order). All of them were tried under this article and received different penalties: 1 – personal restraint (P.Seviarynets), 6 – imprisonment with determent, 6 – conditional imprisonment and 1 – 2 years of imprisonment (Dz.Bandarenka).

According to information of the Human Rights Center Viasna, there are 7 accused in the case, 5 of whom were released under written undertakings not to leave and  2 have left Belarus. There are also 13 suspects, 3 of whom are abroad and the majority were released under written non-leave undertakings. 28 people were sentenced to prison terms, 2 – to fines, and 1 – to personal restraint without direction to an open penitentiary institution.

Two young activists have been also convicted charges in especially malignant hooliganism (Article 339, part 3 of the Criminal Code).

The information on the criminal case will be regularly updated.

Accused in the criminal case upon Article 293, parts 1 and 2 of the Criminal Code of the Republic of Belarus, ‘mass riot’.

1. Aliaksandr Arastovich – M.Statkevich’s electioneering agent. Was released from custody on 15 February on a non-leave recognizance.
2. Uladzimir Kobets – the head of the electoral team of Andrei Sannikau, on 26 January released on recognizance not to leave.
3. Aleh Korban – a leader of the youth organization of the United Civil Party, Young Democrats. On 7 January was released on recognizance not to leave.
4. Anatol Liabedzka – Chair of the United Civil Party. On 7 April was released from the KGB pre-trial prison on a written undertaking not to leave.
5. Aliaksei Mikhalevich – presidential candidate. Was kept in custody in the KGB pre-trial, on 19 February was released on recognizance not to leave. Fled from Belarus on 14 March.
6. Anatol Paulau – electioneering agent of Yaraslau Ramanchuk. On 7 January was released on recognizance not to leave.
7. Natallia Radzina – journalist, editor of the website charter97.org, previously in custody, on 28 January released on recognizance not to leave26. Yauhen Sakret -- detained during the 19 December 2010 Minsk events and sentenced to 10 days of arrest. Was transferred to the pre-trial prison in Valadarski Street. On 18 February was released under a written non-leave undertaking. Fled from Belarus on 31 March.


Suspects in the criminal case upon Article 293, parts 1 and 2 of the Criminal Code of the Republic of Belarus, ‘mass riot’

1. Dzimitry Apishau – served 11-day arrest On 31 December was declared a suspect. On 6 January his apartment was searched. Currently under a written recognizance not to leave.
2. Anton Davydzenka – detained as a suspect in the criminal case after serving 10-day arrest, previously in custody for 2 days, on 31 December released on recognizance not to leave
3. Dzianis Huseltsau – detained on 21 March as a suspect under Par. 2 Art. 293. Arrested for three days andlater released.
4. Usevalad Kavalenka – a possible suspect in the criminal case, served 15-day arrest (gave a written recognizance not to leave)
5. Ryhor Kastusiou – presidential candidate (gave a written recognizance not to leave)
6. Siarhei Kliuyeu – informed about his status as a suspect on 3 January, after serving 15-day arrest (gave a written recognizance not to leave)
7. Mikita Krasnou – his status as a suspect in the case was mentioned in the search warrant presented by KGB officers on 27 December (currently abroad)
8. Andrei Mikalayeu – detained in the evening of 11 January after a search in his house, put to the detention center in Akrestsin Street. On 14 January released under a written recognizance not to leave.
9. Leanid Navitski – an electioneering candidate of Andrei Sannikau (currently abroad)
10.  Aliaksei Sharstou – 23-year-old student, detained as a suspect on 21 March. Arrested for three days, later released.
11. Dzianis Shydlouski – served 10-day arrest for participation in the protest action. On 2 February was detaimed for 3 days as a suspect in the criminal case (in custody)
12. Vital Stazharau – an activist of the Minsk organization of the Young Democrats. Had to leave Belarus immediately after the presidential election. On 30 March his grandmother was handed an official ruling of the Minsk City and Region KGB, according to which he was declared a suspect.
13. Aliaksandr Vasileuski – served 15 days, on 12 January detained at home as a suspect in the mass riot criminal case, released on 14 January.


Convicted on the criminal case upon Article 293, parts 1 and 2 of the Criminal Code of the Republic of Belarus, ‘mass riot’

1. Aliaksandr Atroshchankau – the press-secretary of the electoral team of Andrei Sannikau. Was kept in custody in the KGB pre-trial prison. Was given charges under Article 293, part 2, ‘participation in mass riot’. On 17 February 2011 was sentenced to 4 years of imprisonment in a high-security colony by Volha Komar, Judge of the Frunzenski District Court of Minsk.

2. Artyom Breus – a citizen of the Russian Federation, was detained on 19 December and sentenced to 10-day arrest. Was released from jail on 29 December together with other Russian citizens, detained again in half an hour within the framework of the criminal case and held in custody in the pre-trial prison in Valadarski Street in Minsk. On 5 January was given charges under Article 293, part 2 of the Criminal Code. On 22 February the court proceedings started at the Maskouski District Court. New charges were given to the defendant. On 10 March 2011 Judge Liubou Siamakhina ruled to punish him with a fine of 10.5 million rubles (about $3,470).

3. Dzmitry Bulanau – served 10 day of arrest, on 12 January detained as suspect in mass riot case. Was kept in custody in the pre-trial prison in Valadarski Street, had considerable health problems. On 26 May 2011 was sentenced to 3 years in a high-security colony by Liudmila Hrachova, Judge of the Leninski District Court of Minsk

4. Dzmitry Daronin – 28-year old Minsk resident. Detained at work on 14 March and arrested for three days as a suspect in the case. On 17 March officially charged under Par. 2 Art. 293 of the Criminal Code. On 12 May, sentenced to 3.5 years in prison.

5. Dzmitry Drozd – an activist of the electoral team of Andrei Sannikau. Served 10-day arrest for participation in the protest action. On 1 February arrested for 3 days as a suspect in the criminal case under Article 293, part 2 (participation in mass riot). Was kept in the pre-trial prison in Valadarski Street. The trial started on 27 April at the Kastrychnitski District Court of Minsk (Judge Ala Bulash). On 5 May he was sentenced to 4 years in a maximum-security penal colony under Article 293, part 2 of the Criminal Code.

6. Aleh Fedarkevich – a participant of the 19 December action. The ruling for 10-day arrest was abolished and he was presented criminal charges. Formerly kept in custody in the pre-trial prison in Valadarski Street. On 12 May, sentenced to 3.5 years in prison.

7. Ivan Gaponov – a citizen of the Russian Federation, was detained on 19 December and sentenced to 10-day arrest. Was released from jail on 29 December together with other Russian citizens, detained again in an hour within the framework of the criminal case and held in custody in the pre-trial prison in Valadarski Street in Minsk. On 5 January was given charges under Article 293, part 2 of the Criminal Code. On 22 February the court proceedings started at the Maskouski District Court. New charges were given to the defendant. On 10 March 2011 Judge Liubou Siamakhina ruled to punish him with a fine of 10.5 million rubles (about $3,470).

8. Aleh Hnedchyk – in custody between 6 and 9 January, interrogated as a suspect in the criminal case, charged and arrested on 25 March. Formerly in custody in the pre-trial prison in Valadarski Street. On 14 May, sentenced to 3.5 years of imprisonment in a high-security penal colony.

9. Artsiom Hrybkou – served 10-day arrest for participation in the protest rally. On 12 January was detained within the framework of the criminal case. Received charges under Article 293 of the Criminal Code. On 26 May 2011 was sentenced to 4 years of imprisonment by Liudmila Hrachova, Judge of the Leninski District Court of Minsk.

10. Siarhei Kazakou – an activist of the European Belarus , detained on 27 January as a suspect in the mass riot criminal case, formerly in custody in the pre-trial prison in Valadarski Street. On 13 May, sentenced to 3 years in prison.

11. Uladzimir Khamichenka – served 15-day arrest, was given charges under Article 293, part 2. Was kept in custody in the KGB pre-trial prison. The trial started on 27 April at the Kastrychnitski District Court of Minsk (Judge Ala Bulash). On 5 May was sentenced to 3 years in maximum-security prison under Article 293, part 2 of the Criminal Code.

12. Ales Kirkevich – a Hrodna activist of the Young Front, served 10-day arrest for participation in the 24 December solidarity rally, on 28 January detained as a suspect in the mass riot criminal case. Was kept in custody in KGB pre-trial prison. The trial started on 27 April at the Kastrychnitski District Court of Minsk (Judge Ala Bulash). On 5 May was sentenced to 4 years if a maximum-security penal colony under Article 293, part 2.

13. Aliaksandr Klaskouski – former policeman. Was kept in custody in the KGB pre-trial prison. He was also accused of insulting a representative of the authorities (article 369) and (unauthorized appropriation of the title or the authority of an official (article 382). According to all charges, he faced up to 15 years in prison. On 26 May 2011 was sentenced to 5 years in a high-security colony by Liudmila Hrachova, Judge of the Leninski District Court of Minsk.

14. Aliaksandr Kviatkevich – served 12-day arrest for participation in the 19 December rally, detained on 4 January as a suspect in the 19 December mass riot case. Received charges under Article 293 of the Criminal Code. Was kept in custody in the KGB pre-trial prison. On 26 May 2011 was sentenced to 3.5 years in a high-security colony by the Leninski District Court of Minsk.

15. Mikita Likhavid – activist of the For Freedom movement. Sentenced to 15 days of arrest. The verdict was later reversed. Officially charged and arrested. On 29 March sentenced to 3.5 years in a high-security prison.

16. Uladzimir Loban – served 10-day arrest, officially charged in the mass riot case. Formerly kept in custody in the pre-trial prison in Valadarski Street. On 12 May was sentenced to 3 years in prison.

17. Aliaksandr Malchanau – a participant of the 19 December protest action. Arrested on 6 January at home in Barysau within the framework of the criminal case. Was kept in custody in the KGB pre-trial prison. Received charges under Artice 293, part 2. On 2 March 2011 was sentenced to 3 years of imprisonment in a high-security colony by Tatsiana Cherkas, Judge of the Frunzenski District Court of Minsk.

18. Vital Matsukevich – was detained on 21 March for 3 days, as a suspect under Article 293, part 2. On 4 April received charges under Article 293, part 2. Former prisoner of the KGB prison. On 12 May, sentenced to 3 years in prison.

19. Dzmitry Miadzvedz – was detained within the framework of the mass riot criminal case after serving 10-day arrest. On 6 January received official charges under parts 1 and 2 of Article 293. Was kept in custody in the pre-trial prison in Valadarski Street. The court proceedings started on 1 March 2011. The defendant was presented new charges (which contained only part 2 of Article 293). On 10 March Judge Alena Rudnitskaya sentenced the defendant to 3 years of personal restraint without direction to an open penitentiary institution.

20. Fiodar Mirzayanau – served 15-day arrest for participation n the protest action. On 25 January was guarded for an interrogation, after which was detained for 3 days as a suspect in the criminal case. On 1 February was given charges. Formerly kept in custody in the pre-trial prison in Valadarski Street. On 14 May, sentenced to 3 years of imprisonment in a high-security penal colony.

21. Dzmitry Novik – detained late at night on 23 December at home in Baranavichy as a suspect in the criminal case. On 30 December was presented charges under Article 293, part 2. Was kept in custody in the pre-trial prison in Valadarski Street. On 2 March 2011 was sentenced to 3.5 years of imprisonment in a high-security colony by Tatsiana Cherkas, Judge of the Frunzenski District Court of Minsk.

22. Vasil Parfiankou – an activist of the electoral team of Uladzimir Niakliayeu. Was detained on 4 January as a suspect and kept in custody in the pre-trial prison in Valadarski Street. Was presented charges under Article 293, part 2. On 17 February 2011 was sentenced to 4 years of imprisonment in a high-security colony by Volha Komar, Judge of the Frunzenski District Court of Minsk.

23. Andrei Pazniak – was fined about $350, after the New Year vacations was placed to the pre-trial prison in Valadarski Street and presented charges under Article 293 of the Criminal Code. On 26 May Liudmila Hrachova, Judge of the Leninski District Court of Minsk sentenced him to 2 years of personal restraint without direction to an open penitentiary institution.

24. Andrei Pratasenia – former volunteer in Yaraslau Ramanchuk's campaign team. Detained on 9 February. Charged under Article 293, part 2 of the Criminal Code. Currently in custody in the KGB pre-trial prison.

25. Yauhen Sakret – was detained in Nezalezhnasts Square on 19 December and sentenced to 10 days of arrest by Volha Komar, Judge of the Frunzenski District Court of Minsk. After the arrest was put in the pre-trial prison in Valadarski Street. On 12 May, sentenced to 3 years in prison.

26. Andrei Sannikau – presidential candidate. Is kept in custody in the KGB pre-trial prison.28. Pavel Seviarynets – electioneering agent of Vital Rymasheuski. Formerly kept in custody in the KGB pre-trial jail. On 14 May, sentenced to 5 years of imprisonment in a high-security penal colony.

27. Mikalai Statkevich – presidential candidate. Was kept in custody in the KGB pre-trial prison. On 26 May the Leninski District Court of Minsk sentenced him to 6 years in a high-security colony.

28. Dzmitry Uss – former presidential candidate. Detained on 20 December after a mass protest. Released on the same day on recognizance. On 18 March charged under part 1 of Article 293.
On 26 May the Leninski District Court of Minsk sentenced him to 5.5 years in high-security colony.

29. Illia Vasilevich – served 10-day arrest, on 12 January detained for 3 days as a suspect in mass riot criminal case, formerly in custody in the pre-trial prison in Valadarski Street. On 13 May, sentenced to 3 years of imprisonment in a high-security penal colony.
 
30. Pavel Vinahradau – an activist of the civil campaign Speak Truth, received charges under Article 293, part 1 & 2 on 11 January. Final charges were given under Article 293, part 2 and Article 370, “outrage of state symbols”. Was kept in custody in the pre-trial prison in Valadarski Street. On 5 May was sentenced to 4 years in a maximum-security penal colony under Article 293.

31. Uladzimir Yaromenak – an activist of the Young Front. Served 15-day arrest for participation in the solidarity action of 20 December, and spent 7 more days in the delinquents’ isolation center following an interrogation at the KGB as a witness in the criminal case. On 28 January detained as a suspect in the case and presented official charges. Formerly kept in custody in the pre-trial prison in Valadarski Street. On 14 May, sentenced to 3 years of imprisonment in a high-security penal colony.

Article 293, ‘mass riot’

1. The organization of the mass riot which was accompanied with violence against people, demolition, arsons, defilement of property and armed resistance to representatives of the authority, -

is punished by 5-15 years of imprisonment.

2. Participation in mass riot which manifested in the direct implementation of the actions that were mentioned in part 1 of the article, - is punished by 3-8 years of imprisonment.


Figurants of the criminal case who received new charges under Article 342, part 1 of the Criminal Code, ‘organization and preparation of actions that grossly violate the public order, or active participation in them’

1. Dzmitry Bandarenka – a coordinator of the civil campaign European Belarus (in custody in the KGB jail).
2. Andrei Dzmitryieu – head of the electoral team of Uladzimir Niakliayeu. On 3 January was released from the KGB pre-trial jail under a written undertaking not to leave. Received new charges on 30 March.
3. Aliaksandr Fiaduta – political scientist, a coordinator of the electoral team of Uladzimir Niakliayeu. Is kept in the pre-trial prison of the KGB. Received new charges on 30 March.
5. Iryna Khalip – journalist, wife of Andrei Sannikau, previously in custody, since 29 January under house arrest. Received new charges on 4 April.
5. Siarhei Martsaleu – the head of the electoral team of Mikalai Statkevich. Is kept in custody in the KGB pre-trial prison. Received new charges on 4 April.
6. Uladzimir Niakliayeu – a former presidential candidate. Kept in the KGB pre-trial prison till 29 January, then transferred to home arrest under KGB guard. Received new charges on 30 March.
7. Anastasiya Palazhanka – Deputy Chair of the Young Front. Was kept in the KGB pre-trial prison. On 17 February was released under a written undertaking not to leave. Received new charges on 30 March.
8. Vital Rymasheuski – a former presidential candidate. On 31 December was released from jail under a written undertaking not to leave. Received new charges on 30 March.
9. Pavel Seviarynets – an electioneering agent of Vital Rymasheuski. Is kept in custody in the KGB pre-trial prison. Received new charges on 4 April.
10. Siarhei Vazniak – editor of the Tovarishch newspaper, an electioneering agent of Uladzimir Niakliayeu. On 29 January was released from jail under a written non-leave undertaking. Received new charges on 30 March.


Article 342. Organizing or preparing actions that grossly violate the public order or taking active part in such actions

1. Organizing group actions that breach public order and that are connected with clear disobedience to lawful demands of representatives of the authorities or that hinder public transport operations or the work of enterprises, institutions or organizations, or taking active part in these actions unless elements of a more serious crime are present –

is punished with by a fine, or up to 6 months of arrest, or up to three years of restriction of liberty, or imprisonment for the same term.

2. Training or other form of preparing individuals to take part in group actions that breach public order, as well as financing or other material backing of similar activities unless elements of a more serious crime are present –

is punished with up to 6 months of arrest, or to two years of imprisonment.


Criminal case upon Article 339, part 3 of the Criminal Code, ‘hooliganism’

1. Dzmitry Dashkevich – Chair of the Young Front
2. Eduard Lobau – activist of the Young Front

Both of them were detained on 18 December and were in the status of accused since 6 January. On 24 March Dashkevich was sentenced to 2 years in prison, Lobau – to 4 years in a high-security prison

Article 339, ‘hooliganism’

1. Deliberate actions that grossly violate the public order and demonstrate an evident disrespect to the society, which are accompanied with the use of violence or the threat of its use or destruction or waste of property of other people, or are defined by an exceptional cynicysm (hooliganism), -

2. Hooliganism, committed repeatedly or by a group of persons or connected with resistance to a person that stops the hooligan actions, or accompanied with the infliction of a less hard bodily injuries (malignant hooliganism)

3. The actions that are provided by parts 1 and 2 of the article, committed with the use of weapons and other items that are used as a weapon for infliction of bodily injuries, with the use of explosives or explosive devices or are committed with the threat of their use, in the absence of the traits of a harder crime (especially malignant hooliganism) are punished with 3-10 years of imprisonment.

For more information about figurants of the criminal cases and their photos, see http://spring96.org/en/news/41387