Nine new political prisoners in Belarus

Statement by the human rights community of Belarus

January 26, 2023

We, representatives of the human rights community in Belarus, note that criminal liability for “inciting social hatred” under Article 130 of the Criminal Code (hereafter CC) has been selectively and discriminatorily applied by both the investigators and courts in an apparent attempt to protect the state bodies. Moreover, it seems unreasonable to label government officials, police officers, military personnel, etc. as separate social groups falling under protection in this context.

We have information about the following people in custody:

Ms. Tatsiana Kolas was sentenced to six and a half years of imprisonment in a penal colony under:

• part 3 of Article 203-1 of the CC, “unlawful acts in relation to privacy and personal data”;
• part 3 of Article 130 of the CC, “incitement to social hatred”;
• part 3 of Article 352 of the CC, “illegal acquisition of computer information”; and
• part 3 of Article 426 of the CC, “excessive exercise of authority or official powers”

for transferring personal data to the Black Book of Belarus Telegram channel.

Mr. Pavel Petruchenia has been placed in a pre-trial detention center on charges under part 6 of Article 16 and part 3 of Article 130 of the CC (complicity in incitement to hatred) for transferring personal data to the Black Book of Belarus Telegram channel.

Mr. Aliaksandr Hrydziushka was convicted of: 

• inciting social hatred (part 1 of Article 130 of the CC),
• possessing firearms (part 2 of Article 295 of the CC),
• insulting A. Lukashenka (part 1 of Article 368 of the CC), and
• insulting a government official (Article 369 of the CC) and

sentenced to four years of imprisonment in a penal colony.

Mr. Uladzislau Auchynnikau was convicted of:

• the illegal acquisition of computer information (part 1 of Article 352 of the CC) and
• the abuse of authority or of official position (part 2 of Article 424 of the CC)

for transferring personal data of the Ministry of Internal Affairs employees to Telegram channels and sentenced to two and a half years of imprisonment in a general-security penal colony and a fine of 300 basic values (9,600 Belarusian rubles).

Mr. Dmitryis Mikhailaus was convicted of:

• calls for actions (sanctions) aimed at causing harm to the national security of the Republic of Belarus (part 3 of Article 361 of the CC);
• incitement of social hatred (part 2 of Article 130 of the CC);
• insulting A. Lukashenka (parts 1 and 2 of Article 368 of the CC); and
• insulting a government official (Article 369 of the CC) and

sentenced to four years of imprisonment in a penal colony.

Mr. Viachaslau Biahanski was convicted of inciting social hatred under Part 1 of Article 130 of the CC and sentenced to 24 months of imprisonment in a penal colony.

Mr. Illia Kraucheuski was convicted of insulting A. Lukashenka and a government official, slandering A. Lukashenka, inciting social hatred, participating in riots, resisting the police, transferring data and sentenced to eight and a half years of imprisonment in a penal colony.

Mr. Vital Yenarovich was convicted of:

• inciting social hatred (part 1 of Article 130 of the CC) and
• taking an active part in actions that grossly violate public order (part 1 of Article 342 of the CC) and

sentenced to 24 months of imprisonment in a penal colony.

Mr. Tsimafei Halubko was convicted of inciting social hatred under part 1 of Article 130 of the CC and sentenced to three years of restricted freedom in an open-type penal facility. He has started to serve his sentence.

Having studied these criminal prosecution cases, we concluded that all of them are politically motivated. The court decisions were made for political reasons in violation of the fundamental principles of fair justice.

We emphasize once again that in a number of the abovementioned cases, the nature of the acts of the accused was the result of numerous and widespread human rights violations by the authorities, the lack of freedom of expression, and caused by the lack of investigation of crimes against peaceful protesters and other victims of cruel treatment and torture, disappointment with the authorities’ reluctance to use the force of law to protect citizens’ violated rights in the absence of conditions for a democratic and constitutional change of government in fair elections.

According to the Guidelines on the Definition of Political Prisoners, a person deprived of liberty is to be regarded as a political prisoner, if at least one of the following criteria is observed:

1. a) the detention has been imposed in violation of the right to a fair trial, other rights and freedoms guaranteed by the International Covenant on Civil and Political Rights or the European Convention for the Protection of Human Rights and Fundamental Freedoms;
2. d) the person has been detained in a discriminatory manner as compared to other persons.

We, the representatives of the Belarusian human rights community, declare that Ms. Tatsiana Kolas, Mr. Pavel Petruchenia, Mr. Aliaksandr Hrydziushka, Mr. Uladzislau Auchynnikau, Mr. Dmitryis Mikhailaus, Mr. Viachaslau Biahanski, Mr. Illia Kraucheuski, Mr. Vital Yenarovich, and Mr. Tsimafei Halubko are recognized as political prisoners.

We demand that the Belarusian authorities:

• review the sentences passed against the mentioned political prisoners while exercising the right to a fair trial and eliminating the factors that affected the qualification of actions, the type, and severity of punishment;
• release the mentioned political prisoners by taking other measures to ensure their appearance in court;
• immediately release all political prisoners, review politically motivated sentences, and end political repression against citizens.

Human Rights Center Viasna

PEN Belarus

Legal Initiative

Barys Zvozskau Belarusian Human Rights House