13 people recognized as political prisoners following recent convictions and detentions

Joint statement by the Belarusian human rights community

March 29, 2022

In connection with the information about the detention of Yuliya Makas, Stanislau Rachytski, Maksim Safonau, Yauhen Maliauka, Alina Audzienka, Katsiaryna Khalavurt, Yana Barysovich, Tatsiana Barysovich, Anastasiya Malashuk, Aliaksei Kedysh, Mark Bernshtein under Part 1 of Art. 342 of the Criminal Code (Group actions that grossly violate public order); conviction of Vadzim Dzenisenka and Mikita Khilkevich under Art. 341 of the Criminal Code (Desecration of buildings and damage to property) and Part 1 of Article 342 of the Criminal Code, reaffirming the position set out in the joint statement of the human rights community of August 10, 2020, we note the following:

Freedom of peaceful assembly is guaranteed by Article 21 of the International Covenant on Civil and Political Rights. This freedom is not subject to any restrictions other than those established by law and is necessary in a democratic society for the purposes of national and public security, public order, public health, and morals, or the protection of the rights, and freedoms of others.

Protests of citizens in 2020–2022 has been spontaneous, self-organized, and caused by dissatisfaction with the socio-political situation in the country, as well as distrust of the results of the presidential elections in Belarus held on August 9, 2020, which were marred by numerous violations and fraud and were not recognized by the international community as democratic, free, and fair.

Citizens assembled peacefully and posed no threat to national or public security. However, the demonstrators were attacked by special units of the Interior Ministry with disproportionate use of physical force, special equipment, and weapons.

For the first time in the history of Belarus, rubber bullets and water cannons were used against peaceful demonstrators. A particularly large amount of damage was inflicted by the use of stun grenades.

In our statement of August 10, 2020, the Belarusian human rights community condemned the actions of law enforcement agencies and placed all responsibility for what happened on August 9 and 10 on the authorities of Belarus.

We also consider it necessary to note that the demonstrators did not commit any of the actions covered by Art. 293 of the Criminal Code and cannot be qualified as mass riots, accordingly. The protesters did not set fires, destroy property or put up armed resistance to law enforcement agencies.

Individual cases of violence performed by demonstrators against police officers require a separate legal qualification, taking into account the context and circumstances of the use of violence, including self-defense against actions of police officers known to be disproportionate.

The above-mentioned individuals have been deprived of liberty and convicted of group actions grossly violating public order and mass disorder. We consider this as politically motivated persecution related solely to their exercise of freedom of peaceful assembly and expression of their opinion on the announced results of the presidential election in the Republic of Belarus and recognize them as political prisoners.

In this regard, we call on the Belarusian authorities to:

• Immediately release political prisoners Yuliya Makas, Stanislau Rachytski, Maksim Safonau, Yauhen Maliauka, Alina Audzienka, Katsiaryna Khalavurt, Yana Barysovich, Tatsiana Barysovich, Anastasiya Malashuk, Aliaksei Kedysh, Mark Bernshtein, Vadzim Dzenisenka, and Mikita Khilkevich.
• Immediately release all political prisoners, and other individuals detained in connection with their exercise of freedom of peaceful assembly in the post-election period, and stop political repression in the country.

Human Rights Center Viasna

Belarusian Association of Journalists

Lawtrend

PEN Belarus

Barys Zvozskau Belarusian Human Rights House

Belarusian Helsinki Committee

Legal initiative