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Human Rights Situation in Belarus: June 2023

2023 2023-07-04T16:47:36+0300 2023-07-04T16:48:12+0300 en https://spring96.org/files/images/sources/vokladka_cherven_2023.jpg The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Summary:

  • the domestic policy of the Belarusian authorities is characterized by a total disrespect for human rights and fundamental freedoms;
  • as of the end of June, there were 1,496 political prisoners held Belarusian detention and penitentiary facilities; during the month, the country’s human rights community designated 71 more people as political prisoners;
  • six members of the Human Rights Center “Viasna” continue to serve their politically motivated prison terms: the organization’s leader and Nobel Peace Prize laureate Ales Bialiatski, member of Viasna’s Board and Vice-President of the International Federation for Human Rights (FIDH) Valiantsin Stefanovic, lawyer and coordinator of the campaign “Human Rights Defenders for Free Elections” Uladzimir Labkovich, coordinator of Viasna’s network of volunteers Marfa Rabkova, volunteer Andrei Chapiuk, and Viasna member in Homiel and head of the Center for Strategic Litigation Leanid Sudalenka;
  • human rights defender Nasta Loika was sentenced to seven years in prison on arbitrary politically motivated charges;
  • arbitrary arrests for exercising civil rights continue; in June, Viasna became aware of more than 560 cases of detention, including about 409 cases of politically motivated administrative persecution. The judges ordered at least 184 terms of administrative imprisonment and 151 fines; the rest of the charges are unknown. A quarter of the detainees are women;
  • human rights defenders still routinely identify and document cases of torture and prohibited types of treatment in the course of the investigation of politically motivated criminal cases, as well as prohibited types of treatment during administrative proceedings.

Political prisoners. Persecution of human rights defenders

As of the end of June, there were 1,496 political prisoners in Belarus, including 165 women. Nine political prisoners who turned 18 after their arrest continue to be in detention. In addition, 858 political prisoners have already been released from prisons, either after serving their entire sentences or through amnesty or pardon. During the month, human rights defenders designated 71 more people as political prisoners.

In total, Viasna is now aware of more than 3,400 persons convicted in politically motivated criminal trials; in late February, Prosecutor General Andrei Shved said that since 2020, prosecutors had processed almost 3,000 “extremist” cases involving 3,645 people, 62% of whom (about 2,250 people) were sentenced to imprisonment or restriction freedom in open penitentiaries.

There is still no information about the whereabouts and condition of well-known opposition politicians: Maryia Kalesnikava, Mikalai Statkevich, and Viktar Babaryka. The three are kept in strict isolation and incommunicado. There are no updates on their health status, either. The family of political prisoner and journalist Dzianis Ivashyn have not heard from him for more than 30 days. Violations of the right to correspondence are reported by other political prisoners and their relatives and friends. On this occasion, 24 international and Belarusian human rights organizations urged the Belarusian authorities to immediately stop the practice of ill-treatment of Maryia Kalesnikava and other political prisoners.

It has been more than 700 days since the arrest of Valiantsin Stefanovic, Uladzimir Labkovich and Nobel Peace Prize laureate Ales Bialiatski. The network of the Human Rights Houses Foundation staged an event of solidarity with the political prisoners of Viasna.

Political prisoners are repeatedly arbitrarily punished by detention in a punishment cell. In particular, Uladzimir Hundar, a person with a disability, was penalized several times. The prisoner believes that this is part of preparations for his transfer to maximum-security prison. Aliaksandr Frantskevich has been continuously held in a punishment cell for more than three months.

Dzmitry Dubouski said that he was kept in a punishment cell for almost two months, and since May 3, he has been held in a cell for three months. In total, the prisoner has served at least 110 days in a punishment cell.

On June 21, a trial was held in Škloŭ to upgrade the security level for Pavel Seviarynets. Judge Aliaksandr Tarakanau ruled to transfer the opposition politician to maximum-security prison for a period of three years.

Political prisoner Andrei Herasimovich was placed in a cell-type premises, after spending two months in a punishment cell in the Babrujsk penal colony.

On August 15, in the Lieninski District Court of Mahilioŭ sentenced political prisoner Aleh Yafremenka to a year in prison in addition to four and a half years of his initial term. He was accused under Part 1 of Art. 411 of the Criminal Code (malicious disobedience to the requirements of the administration of the correctional institution). Previously, the political prisoner had already faced stricter prison conditions, after in September 2021 he was transferred to a maximum-security prison.

On June 3, human rights defender Aleh Matskevich was arrested at his workplace in Barysaŭ. The reasons for the detention were not reported.

On June 20, the Minsk City Court passed a verdict in the case of human rights activist Nasta Loika. She was sentenced to seven years in a penal colony under part 3 of Art. 130 of the Criminal Code (inciting other social hatred) for the preparation of a 2018 report entitled “Persecution of anarchists, anti-fascists, leftists and social activists in Belarus”. The text heavily criticizes members of the Ministry of Internal Affairs, including the notorious GUBAZIK department. The trial was held behind closed doors, so nothing is known of the essence of the charges or the activist’s position. The verdict was passed by judge Alena Shylko. The state prosecution was supported by Volha Dzindzialevich. National and international human rights organizations issued a statement demanding the release of the human rights defender.

Violations of freedom of peaceful assembly. Suppression of freedom of expression

The authorities continue the systemic practice of politically motivated persecution of 2020 protesters.

On June 8, the Lieninski District Court of Minsk convicted Tatsiana Yankouskaya for participating in protests in Minsk in August and September 2020 under Part 1 of Art. 342 of the Criminal Code (organization and preparation of actions grossly violating public order, or active participation in them). The charges were heard by judge Anastasiya Achalava. According to the prosecution, Yankouskaya attended several protests in the fall of 2020, “violating public order” and “blocking traffic” on Niezaliežnasci and Pieramožcaŭ Avenues in Minsk. The protester also reportedly “showed a protest sign in the form of a V, used a white-red-white flag and a poster with a protest slogan”.

Aksana Lakoza was sentenced to 18 months in a penal colony under Part 1 of Art. 342 of the Criminal Code. The case was considered on May 16 in the court of the Centraĺny District of Minsk. The verdict was handed down by judge Yuliana Shcherba. It is known that the woman was charged with participating in the peaceful protests of 2020.

Halymzhan Bakirau was sentenced to 18 months of imprisonment by the Dobruš District Court under part 1 of Art. 342 of the Criminal Code. Judge Sviatlana Lukyianava found the man guilty of calling others to join protests in comments in a Telegram chat, and sending “various news and information of a destructive nature” to the chat.

On June 22, the court of the Kastryčnicki district of Hrodna passed a verdict in the criminal case of 24-year-old physician Artur Khlus accused of “participating in riots” (part 2 of Article 293 of the Criminal Code). The case was initially considered by judge Dzmitry Kedal, then, after a long break, another judge was appointed, Marharyta Lantsevich. The court found Khlus guilty and sentenced him to five years’ imprisonment in a penal colony.

The persecution also continues for sharing information with pro-democratic media about persons involved in rigging election results, suppression of protests, and repression.

In particular, Natallia Lashch was sentenced by the Minsk Regional Court to six years in a penal colony. The verdict was handed down by judge Anatol Dabradzei. Lashch was charged under Art. 179, “illegal collection and dissemination of information about private life”, and Part 3 of Art. 130 of the Criminal Code, “inciting other social hatred”, for sharing information with the Telegram channel “Black Book of Belarus”.

On a similar charge, the Brest Regional Court on June 2 delivered a verdict in the criminal case of Pavel Petruchenia, an employee of an IT company. The case was considered by judge Mikalai Sianko; the prosecutor Aliaksandr Bohush. The defendant was sentenced to six years in a penal colony.

Political prisoner Stsiapan Yakuts was convicted by the Lida District Court on a number of protest charges. He was accused of “organizing and preparing actions that grossly violate public order, or actively participating in them” (part 1 of Article 342), “slandering” Aliaksandr Lukashenka (part 2 of Article 367), “insulting” him (part 1 of Article 368) and “insulting a representative of the authorities” (Art. 369). The case was considered by judge Uladzimir Fedarovich. Yakuts was sentenced to 18 months in a penal colony.

On May 26, the court of the Lieninski district of Mahilioŭ convicted Aleh Yahorankau on charges of “insulting” Lukashenka under Part 1 of Art. 368 of the Criminal Code. The case was considered by judge Tatsiana Kastsiuk. It is believed that the charge stemmed from a one-word obscene comment that the defendant allegedly used to describe Lukashenka on a social media. The sentence was one year and six months of imprisonment in a penal colony.

On June 1, the Maskoŭski District Court of Brest considered a criminal case against 35-year-old Pavel Yanchuk accused of “publicly insulting” Lukashenko under Part 1 of Art. 368 of the Criminal Code. The case was considered by judge Ina Klyshpach, the prosecution was represented by Anton Hlinski. For just one word in an online comment, the man was sentenced to one year in a penal colony.

On May 2, the court of the Chocimsk district convicted Aliaksandra Khomchanka under Part 1 of Art. 368 of the Criminal Code (insulting Lukashenka). Judge Alesia Parfianenka sentenced the defendant to one year of imprisonment in a penal colony for sharing an offensive post about Lukashenka on the Odnoklassniki social media. The publication contained an image of a tombstone with a photo of Lukashenka and negative text under it. As the woman said at the trial, the text under the publication seemed funny to her, so she put a “Class” mark under it and thereby forwarded it to her page.

The authorities continue to use arrests for political reasons. The daily detentions are marred by gross violations of civil rights.

Uladzislau Beladzed, a catechism teacher at the Minsk Archcathedral church of Virgin Mary, was sentenced to 15 days of administrative imprisonment. The charges of “disseminating extremist materials” were heard by the court of the Centraĺny District of Minsk. In 2020, Beladzed participated in joint prayers for an end to violence, and after his arrest, he was reportedly beaten. In addition, the man was forced to appear in a video confession, in which he told that he was gay.

Administrative charges are still widely used for politically motivated repression. Human rights defenders summarized the practice of administrative arrests, naming most popular reasons for prosecution. In June, more than 560 cases of detention are known, including about 409 cases of politically motivated administrative prosecution. The judges appointed at least 184 terms of administrative imprisonment and 151 fines; the rest of the charges are unknown. The grounds for prosecution were “distribution of extremist materials”, “violating procedures for holding mass events”, “breaching public order” and “disobedience”. Most arrests took place in Brest (76), Viciebsk (101), and Homieĺ (81) regions, and in Minsk (126). The majority are people aged 19-40, and a quarter of the detainees are women.

Violations of rights and freedoms under the pretext of combating extremism and terrorism

The authorities continue to imprison persons involved in the activities of initiatives and organizations blacklisted as “extremist” by the arbitrary decisions of the Ministry of Internal Affairs and the KGB.

On June 26, the Minsk City Court convicted Kiryl Klimau under Art. 361-2 of the Criminal Code (financing the activities of an extremist formation). Judge Liubou Simakhina sentenced Klimau to four years of imprisonment in a penal colony for six donations worth ten dollars each through the Facebook fundraising payment system to the initiatives By_help, BYSOL, and Honest People. The defendant plead not guilty, saying that he had donated to help the repressed.

On June 6, the Minsk City Court convicted political prisoner Mikalai Vasilevich on a similar charge. He was accused of “financing the activities of an extremist formation” (Article 361-2) and “financing extremist activities” (Article 361-1) of the Criminal Code. Judge Alena Shylko sentenced Vasilevich to six years in prison and a fine.

The grounds for criminal prosecution for links with “extremist formations” are laid in the process of arbitrary designating associations, initiatives, the media and other groups as “extremist” by the Ministry of Internal Affairs and the KGB.

In particular, in June, The Rada of the Belarusian Democratic Republic, the Zerkalo.io website and related resources, as well as SYMPA and RUH were designated as “extremist formations”. The list currently contains 137 entries.

In June, 124 names were added to the list of persons involved in “extremist activities”, which features persons convicted of protest activities. The list now has 2,992 names.

Violations of the rights of journalists, media workers and bloggers

As of the end of May, 34 journalists and media workers were being held in detention and penitentiary facilities. Viasna continues to monitor cases of persecution of independent media, journalists and bloggers.

On June 30, the Minsk City Court completed the consideration of the criminal case of political prisoner Pavel Padabed, a journalist charged under Part 3 of Art. 364-1 of the Criminal Code for “participation in an extremist formation”. For cooperation with the Belsat TV channel, the journalist was sentenced to four years in prison.

Eight employees of the Ranak TV channel were arrested in Svietlahorsk. The media workers were reportedly detained for airing a story about the explosion at the local pulp and cardboard factory, in which three people were killed. Subsequently, the detainees were sentenced to short terms of administrative imprisonment and fines.

Torture and other cruel, inhuman or degrading treatment or punishment

The right not to be subjected to torture and other cruel, inhuman or degrading treatment is systematically violated during arrest, administrative imprisonment, detention, and penitentiary facilities. Released prisoners tell about torture and other types of prohibited treatment.

From June 19 to 26, at the initiative of the International Committee for the Investigation of Torture in Belarus, events were held as part of the annual Week Against Torture, including performances, film screenings, lectures, and presentations.

Persecution of lawyers

On June 16, the Ministry of Justice ruled to disqualify lawyers Aliaksandr Birylau and Pavel Mironau due to “insufficient qualifications”. Birylau is a well-known lawyer with many years of impeccable practice. He defended several persons involved in politically motivated criminal trials, including Pavel Mazheika, Valery Levaneuski, and Andrzej Poczobut.

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