Twenty-three people recognized as political prisoners over diffamation charges and convictions

Joint statement by the Belarusian human rights community

June 2, 2023

In response to the increasing number of convictions and imprisonment cases of citizens of the country under various defamation articles of the Criminal Code of the Republic of Belarus, and in connection with the “desecration of state symbols of the Republic of Belarus” and other actions aimed at the legitimate exercise of freedom of expression, we, representatives of the Belarusian human rights community, demand an end to the persecution of legitimate forms of expression, once again reaffirm our repeatedly stated demands for the decriminalization of defamation and the inadmissibility of imprisonment of citizens for “insulting” officials, the state, state bodies, and symbols (joint statement from December 22, 2020), and note the following:

At the moment we know about the following persons imprisoned for having allegedly insulted Mr. Aliaksandr Lukashenka, police officers, judges, desecrated state ans state symbols, and exercised their freedom of opinion in other forms:

1. Mr. Barys Kuchynski was convicted of “insulting a government official” and “distributing personal data” for reposting a message on social media and sentenced to 24 months of imprisonment in a penal colony under Articles 369 and 203-1 of the Criminal Code.
2. Mr. Yury Krauchanka was convicted of “insulting the president of Belarus” and sentenced to 18 months of imprisonment in a penal colony under Article 368 of the Criminal Code.
3. Mr. Aliaksandr Zanouski was convicted of “insulting the president of Belarus” and sentenced to 18 months of imprisonment in a penal colony under Article 368 of the Criminal Code.
4. Mr. Henadz Borys was convicted under Article 368 of the Criminal Code of “insulting the president of Belarus” and sentenced to three years of freedom restriction in an open-type penal facility.
5. Mr. Aliaksandr Zakharau was convicted under Article 368 of the Criminal Code of “insulting the president of Belarus” and sentenced to 14 months of imprisonment in a penal colony.
6. Mr. Stsiapan Yakuts was convicted under Articles 369, 368 of the Criminal Code of “insulting a government official and the president of Belarus,” under Article 367 of “slander against the president of Belarus,” and under part 1 of Article 342 for participation in peaceful protests. He was sentenced to 18 months of imprisonment in a penal colony.
7. Mr. Dzianis Dzemidovich was convicted under Articles 367 and 368 of the Criminal Code of “insulting and slandering the president of Belarus” and sentenced to three years of imprisonment in a penal colony.
8. Mr. Ihar Khartanovich was convicted under Articles 367 and 368 of the Criminal Code of “insulting and slandering the president of Belarus” and under Article 366 of “threatening officials.” He was sentenced to three years of imprisonment in a penal colony.
9. Mr. Aleh Bolatau was charged with “insulting and slandering the president of Belarus” and “desecrating state symbols” and taken into custody under Articles 368, 367, and 380 of the Criminal Code.
10. Mr. Dzianis Pyrkh was convicted of “insulting” a government official and Mr. Lukashenka under Articles 369 and 368 of the Criminal Code and sentenced to two and a half years of imprisonment in a penal colony.
11. Mr. Mikhail Marmysh was convicted in the Zeltser case of “insulting” a government official and Mr. Lukashenka and “inciting hatred” and sentenced to two and a half years of imprisonment in a penal colony under Articles 369, 368, and 130 of the Criminal Code.
12. Mr. Aleh Slysh was convicted of “insulting a government official” and “inciting hatred” and sentenced to two and a half years of imprisonment in a penal colony under Articles 369 and 130 of the Criminal Code.
13. Mr. Yelisei Kuzniatsou was charged with “desecrating state symbols” and taken into custody under Article 370 of the Criminal Code.
14. Mr. Yauhen Tsikhanau was charged with “insulting” Mr. Lukashenks and a government official and taken into custody under Articles 368 and 369 of the Criminal Code.
15. Mr. Aleh Liabikhau was convicted of “insulting a government official” and sentenced to two and a half years of restricted freedom in an open-type penal facility under Article 369 of the Criminal Code. He has been sent to serve his sentence.
16. Ms. Yuliya Kastsiuchenka was convicted of “insulting the president of Belarus” under Article 368 of the Criminal Code and sentenced to 12 months of imprisonment in a penal colony.
17. Ms. Volha Ivanchanka was convicted of “insulting and slandering the president of Belarus” under Articles 367 and 368 of the Criminal Code and sentenced to 24 months of imprisonment in a penal colony.
18. Ms. Aksana Yuryeva was convicted of “insulting the president of Belarus” under Article 368 of the Criminal Code and sentenced to 18 months of imprisonment in a penal colony.
19. Mr. Valeryi Viskirski was convicted of “insulting” a government official and Mr. Lukashenka under Articles 369 and 368 of the Criminal Code, under part 1 of Article 342 for participation in peaceful protests, of “threatening officials” under Article 366, and “desecrating state symbols” under Article 370 of the Criminal Code. He was sentenced to five years of imprisonment in a penal colony.
20. Mr. Dzmitryi Pankevich was convicted of “insulting” a government official and a judge and sentenced to two and a half years of restricted freedom in an open-type penal facility under Articles 369 and 391 of the Criminal Code. He has been sent to serve his sentence.
21. Mr. Raman Samoilenka was convicted of “insulting a government official” and sentenced to restricted freedom in an open-type penal facility under Article 369 of the Criminal Code. He has been sent to serve his sentence.
22. Mr. Zakhar Siniakou was charged with “desecrating state symbols” under Article 370 of the Criminal Code and taken into custody.

Also, Mr. Viachaslau Chulkou has been subjected to coercive medical measures in a psychiatric hospital for “insulting” Mr. Lukashenka.

We consider the persecution and imprisonment of the persons listed above politically motivated in nexus with the peaceful exercise of their views. Therefore, we recognize these persons as political prisoners per paragraph 3.1 (a) of the Guidelines on the Definition of Political Prisoners. We demand that the Belarusian authorities:

1. Immediately release the political prisoners Mr. Barys Kuchynski, Mr. Yury Krauchanka, Mr. Aliaksandr Zanouski, Mr. Henadzii Borys, Mr. Aliaksandr Zakharau, Mr. Stsiapan Yakuts, Mr. Dzianis Dzemidovich, Mr. Ihar Khartanovich, Mr. Aleh Bolatau, Mr. Dzianis Pyrkh, Mr. Mikhail Marmysh, Mr. Aleh Slysh, Mr. Yelisei Kuzniatsou, Mr. Yauhen Tsikhanau, Mr. Aleh Liabikhau, Ms. Yuliya Kastsiuchenka, Ms. Volha Ivanchanka, Ms. Aksana Yuryeva, Mr. Valeryi Viskirski, Mr. Dzmitryi Pankevich, Mr. Raman Samoilenka, Mr. Zakhar Siniakou, and Mr. Viachaslau Chulkou.
2. Adopt measures aimed at the decriminalization of defamation offenses and repeal the articles of the Criminal Code that provide liability for insulting the state and state symbols, namely Articles 188, 189, 361, 367, 368, 369-369, 1, 370, and 391 of the Criminal Code, and drop all ongoing criminal cases under these articles.
3. Immediately release all political prisoners and stop political repression.

Human Rights Center Viasna

Legal Initiative

Human Constanta

PEN Belarus

Belarusian Helsinki Committee

Belarusian Association of Journalists

Barys Zvozskau Belarusian Human Rights House

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