Statement of Belarusian human rights defenders on recognition of nine new political prisoners

Statement by the human rights community of Belarus

February 27, 2023

We, representatives of the human rights community of Belarus, once again note that imprisonment and criminal liability for various protest activities are used by the authorities to suppress public and political activity, dissent, and anti-war protests.

After the 2020 presidential elections in Belarus, the Criminal Code (hereafter CC) has been significantly tightened and supplemented with new offences that are used by the authorities exclusively for the purposes of political repression.

The Ministry of Internal Affairs and the KGB arbitrarily recognize groups of citizens united by public or political interests, who criticise the actions of the authorities and demand changes in the state and its policies, as extremist groups; some media outlets are also recognized as such. This, in turn, opens the way to arbitrary criminal prosecution and imprisonment of their participants and respondents as a disproportionate measure of restriction of the right to association and freedom of expression. Thus,

Yauhen Burlo, Dzmitry Halavach, Andrei Yaremchyk were detained in connection with the recognition of the TOR Band as an extremist formation;

Uladzimir Butskavets was convicted for the administration of a VKontakte group "FOR ONE STATE LANGUAGE in Belarus!" under Article 361-1 of the CC (Creation of an extremist formation or participation in it) to three years of imprisonment in a penal colony;

Aliaksandar Sumar, convicted for managing Telegram chats "Long Live Luninets!" under Article 361-1 of the CC, as well as under Article 342 (Preparation of persons to participate in group actions that grossly violate public order), 367 (Slander against A. Lukashenka), 369 (Insulting a government official), 361 of the CC (Calls for restrictive measures (sanctions) to nine years of imprisonment in a penal colony;

Dzmitry Stsiapanau was sentenced to four years of imprisonment in a penal colony for managing Telegram chat “GOBK” under Article 361-1 of the CC;

Yury Samsonau was convicted for donating to a subject arbitrarily recognized as an extremist formation under Article 361-2 of the CC (Financing of extremist activities) to three years and 6 months of imprisonment in a penal colony;

Yauhen Hlushkou was sentenced in a closed court session under Part 1 of Article 356 of the CC (High treason by assisting a foreign state, a foreign organization, their representatives in carrying out activities aimed at harming the national security of the Republic of Belarus) and Part 1 of Article 361-4 of the CC (Promotion of extremist activity) to nine years of imprisonment in a penal colony for sending photos of the Belarusian military airfield used to carry out the attack on Ukraine to a Telegram channel;

Uladzislau Yatsenka was sentenced under Article 341 (Desecration of buildings and property) and Part 2 of Article 361-3 of the CC (Financing and other material support for the recruitment, teaching, training, and using citizens of Belarus as participants in an armed formation on the territory of a foreign state) to five years of imprisonment in a penal colony for writing protest inscriptions in public places and calls on social media to join the Belarusian unit of the Armed Forces of Ukraine.

Having assessed this information in the context of the socio-political events after February 24, 2022, the main event of which was the military invasion to Ukraine by the Russian Federation and the subsequent acts of anti-war protest and solidarity with the people of Ukraine, we come to the conclusion that in these cases citizens are persecuted because of their political beliefs, as well as in connection with the non-violent exercise of freedom of expression, dissemination of information, and association. Also in this context, the assessment of the public danger of the participation of Belarusian citizens in military operations on the territory of Ukraine as part of military formations created by the Ukrainian state has changed.

We recognize these people as political prisoners in accordance with paragraph 3.1 (a) of the Guidelines on the Definition of Political Prisoners, and demand from the authorities of Belarus:

• to immediately release political prisoners Yauhen Burlo, Dzmitry Halavach, Andrei Yaremchyk, Uladzimir Butskovets, Aliaksandar Sumar, Dzmitry Stsiapanau, Yury Samsonau, Yauhen Hlushkou, Uladzislau Yatsenka;

• immediately release all political prisoners and stop political repression against the citizens of the country.

Human Rights Center Viasna;

Legal Initiative;

Lawtrend;

Belarusian Helsinki Committee;

Belarusian Association of Journalists;

PEN Belarus;

Barys Zvozskau Belarusian Human Rights House.