Statement on the recognition of 11 new political prisoners

Joint statement by the Belarusian human rights community

December 8, 2023

The Belarusian human rights community notes an increase in the number of convictions and imprisonments under several defamation and desecration of state symbols articles of the Criminal Code of the Republic of Belarus, and for other actions aimed at the lawful exercise of the freedom of expression.

We demand to put an end to the persecution of legitimate expression of views and, reaffirming our repeated calls to decriminalize defamation and to refrain from imposing custodial sentences for insulting officials, the state, government agencies, and symbols (as mentioned in the Joint statement of December 22, 2020), note the following:

We have received information about the following persons imprisoned for insulting A. Lukashenka, government officials (police officers), judges and insulting the state and state symbols, other forms of freedom of expression:

1. Uladzimir Ramanouski, sentenced to two years of imprisonment in a penal colony under Article 368 of the Criminal Code for insulting A. Lukashenka;

2. Dzmitryi Pashyn, sentenced to two years of imprisonment in a penal colony under Article 368 of the Criminal Code for insulting A. Lukashenka;

3. Natallia Markushenka was arbitrarily accused under Article 130 of the Criminal Code of inciting ethnic hatred for a comment that contained the word "ruscists" and placed in custody.

4. Vadzim Huseu, sentenced to one year and 3 months of imprisonment in a penal colony under Article 368 of the Criminal Code for insulting A. Lukashenka;

5. Aleh Kekukh, sentenced under Article 369 of the Criminal Code for insulting a representative of the authorities to three years of restriction of freedom; the punishment was replaced by imprisonment in a correctional colony;

6. Yauhen Shuliuk, sentenced under Article 367 of the Criminal Code to two years and 6 months of restriction of freedom with referral to an open-type correctional institution and sent to a correctional institution for defamation of A. Lukashenka;

7. Katsiaryna Dzhyh, sentenced to imprisonment under Articles 361, 367, 368 of the Criminal Code for calls for sanctions, defamation of A. Lukashenka and insulting him;

8. Valeryi Tatsyn, sentenced to a year of imprisonment in a penal colony under Article 368 of the Criminal Code for insulting A. Lukashenka;

9. Aliaksandr Smirnou, sentences under Article 339 and 370 of the Criminal Code for several torn down state flags to one year and 6 months of imprisonment in a penal colony;

10. Ihar Nemirovich, sentenced to a year of imprisonment in a penal colony under Article 368 of the Criminal Code for insulting A. Lukashenka;

11. Aliaksandr Kandratsyeu, sentenced under Article 370 of the Criminal Code for tearing down the national flag to one year of imprisonment in a penal colony.

We consider the persecution and imprisonment of the named individuals to be politically motivated, related to the peaceful exercise of expressing thoughts, and consider them political prisoners in accordance with paragraph 3.1(a) of the Guidelines on the Definition of Political Prisoners. We demand from the Belarusian authorities:

• immediately release political prisoners Uladzimir Ramanouski, Dzmitryi Pashyn, Natallia Markushenka, Vadzim Huseu, Aleh Kekukh, Yauhen Shuliuk, Katsiaryna Dzhyh, Valeryi Tatsyn, Aliaksandr Smirnou, Ihar Nemirovich, and Aliaksandr Kandratsyeu and stop criminal prosecution against them;

• take measures aimed at decriminalizing defamation offenses and repealing articles of the Criminal Code that provide for liability for insulting the State, state symbols and officials, namely, Articles 188, 189, 361, 367, 368, 369, 369-1, 370, and 391 of the Criminal Code of the Republic of Belarus, and to terminate all previously initiated under these articles criminal cases;

• immediately release all political prisoners and stop political repression.

Human Rights Center Viasna;

Lawtrend;

Legal initiative;

Belarusian Helsinki Committee;

Barys Zvozskau Belarusian Human Rights House;