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At least 1,603 people were convicted in Belarus in 2023: results of criminal prosecution

2024 2024-01-16T15:18:00+0300 2024-01-16T17:18:51+0300 en https://spring96.org/files/images/sources/1603.png The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

As of January 15, there were 1,413 political prisoners in Belarus. Belarusians continue to be persecuted and repressed in our country for openly expressing disagreement with the actions of the authorities.

During 2023, Viasna recorded political criminal cases against Belarusians. The largest number of convicts was recorded in Minsk: 57%. The sentences were passed for songs, promotion of national culture, manifestation of an anti-war position, and assistance to victims of political repression.

We publish statistics and report high-profile cases.

The total number of convicts

Over the past year, Viasna has collected data on at least 1,603 politically motivated convicts. Of these, 73% are men and 27% are women. 

The total number of years of punishment

In total, 2,996 years of all types of punishment were imposed. 

Types of punishments

In 2023, the courts handed down the following sentences:

  • 1935 years of imprisonment for 458 people;
  • 854 years of restriction of freedom without referral to an open-type correctional institution (home confinement) for 389 people;
  • 106 years of restriction of freedom with referral to an open-type correctional institution for 51 people;
  • four years of arrest for 18 people;
  • compulsory treatment for five people;
  • one year of suspended imprisonment for one person;
  • 99900 roubles (27,784 euros) of fines for seven people.

Geography of sentences by region

The majority of convicts in politically motivated criminal cases were recorded in Minsk (57%). Among the regions, the largest number of convicts is in Homieĺ (10%) and Brest (10%) regions.

The most common political criminal articles

Most Belarusians were tried in 2023 under Article 342 (organization and preparation of actions grossly violating public order, or active participation in them): 863 people. At least 187 people were convicted of "insulting a representative of the authorities" (Article 369). 324 people were convicted of "insulting Lukashenka" (Article 368), and 162 people were convicted of "inciting other social hatred" (Article 130).

High-profile criminal cases

In 2023, there were many political cases against Belarusians of different groups and ages, regardless of profession and social status: human rights defenders and lawyers, musicians, IT specialists, and cultural managers. The sentences were passed for songs, promotion of national culture, manifestation of an anti-war position, and assistance to victims of political repression.

From 7 to 10 years in prison for human rights activities: Viasna case

Уладзімір Лабковіч, Алесь Бяляцкі, Валянцін Стэфановіч. Калаж: svaboda.org
Uladzimir Labkovich, Ales Bialiatski, Valiantsin Stefanovich

Chairman of Viasna human rights center and Nobel Peace Prize laureate Ales Bialiatski was detained on July 14, 2021. Together with him, Deputy Chairman Valiantsin Stefanovich and coordinator of the Human Rights Defenders for Free Elections campaign Uladzimir Labkovich were detained.

All three human rights defenders were accused of allegedly smuggling (Part 4 of Article 228 of the Criminal Code) and financing actions grossly violating public order (Part 2 of Article 342 of the Criminal Code).

Human rights defenders were charged with paying fines for repressed Belarusians, paying them compensation, paying lawyers and covering bills for food provided during administrative arrests. For example, the proof of the guilt of human rights defenders was the collection of funds in September 2020 to pay fines for Belarusian women by Nasta Niakrasava, a Belarusian folk singer living in Poland.

It is immoral and inhumane to criminalize aid to the victims of political repression, which suddenly occurred after May 2020," said Ales Bialiatski at the trial.

On March 3, 2023, in the Leninski District Court of Minsk, judge Maryna Zapasnik sentenced Ales Bialiatski, Valiantsin Stefanovich, and Uladzimir Labkovich for their legal human rights activities, respectively, to 10, 9, and 7 years in a medium security penal colony. Human rights defender Dzmitryi Salauyou, who was forced to leave the country, was sentenced in absentia to 8 years in a penal colony. Also, all human rights defenders were fined heavily and demanded to recover an amount of almost $ 300,000, which they allegedly "obtained criminally" through "smuggling by an organized criminal group."

"Spreading the ideas of Belarusian nationalism." Cultural manager Pavel Belavus

Павел Белавус
Pavel Belavus

Pavel Belavus is known for actively promoting and expanding the Belarusian national culture. He founded and managed Art Siadziba, a cultural space, and opened Symbal.by, a store of national symbols based in Minsk which in the summer of 2020 became one of the symbols of Belarusian protests. He was also one of the co-organizers of the celebration of the 100th anniversary of the proclamation of the Belarusian Democratic Republic in 2018.

Pavel was detained on November 15, 2021. At first, he was placed under administrative arrest three times (for a total of 35 days). And then a criminal case was opened. Initially, Pavel was charged with "participating in protest actions" (Article 342 of the Criminal Code). But later he additionally received more severe charges: "creation of an extremist formation" (Article 361-2), "treason to the state" (Part 1 of Article 356 of the Criminal Code), and "calls to action against national security" (Part 3 of Article 361 of the Criminal Code).

Pavel's activity in promoting national Belarusian culture was interpreted by the prosecution as an attempt to change state power in an unconstitutional way.

On May 11, 2023, in the Minsk City Court, judge Zhana Brysina sentenced Pavel to 13 years in a medium security colony.

From 7.5 to 9 years of imprisonment for songs: the Tor Band case  

torband1.jpeg
Tor Band

Tor Band is a rock band from Rahačoŭ. This is the first band recognized by the Belarusian authorities as an "extremist formation". It consists of vocalist and guitarist Dzmitryi Halavach, bass guitarist Andrei Yaremchyk, and drummer Yauhen Burlo.

The musicians were detained together on October 28, 2022. At first, they were placed under administrative arrest several times in a row. One of the reports under Article 19.11 of the Administrative Code on Halavach was drawn up because he wrote an "extremist" song Native Land and posted it on the Internet. His guitar was confiscated. During the musicians' stay in captivity, social media pages and the band's songs were retroactively recognized as "extremist" materials.

Subsequently, a criminal case was opened and charges were brought under four articles: "inciting social hatred" (Article 130 of the Criminal Code), "creating an extremist formation or participating in it" (Article 361 of the Criminal Code), "discrediting Belarus" (Articles 369-1 of the Criminal Code), and "insulting Lukashenka" (Article 368 of the Criminal Code).

During his imprisonment, Yauhen Burlo had a relapse of hip joints necrosis. At the court hearing, the drummer already walked on crutches. Due to poor health, he was unable to stand up during the verdict.

In the Homieĺ Regional Court, judge Siarhei Salouski sentenced Dzmitryi Halavach, Yauhen Burlo, and Andrei Yaremchyk to 9, 8, and 7.5 years in a medium security colony, respectively.

10 years in a penal colony for an anti-war position

Маставы Дзмітрый
Dzmitryi Mastavy

Dzmitryi Mastavy, a software engineer from Senica, was detained on February 26, 2023 in the case of the Mačuliščy airfield attack.

Later, a propaganda film was released on state television; it told that Dzmitryi allegedly offered help to Bielaruski hajun, an initiative tracking military equipment, and planned to send information about the military airfield in Mačuliščy. The man had been broadcasting video from his computer for two weeks.

Dzmitryi was accused of "treason against the state" (Article 356 of the Criminal Code) and "facilitating extremist activities" (Article 361-4 of the Criminal Code).

On September 14, 2023, in the Brest Regional Court, judge Vera Filonik sentenced Dzmitryi to 10 years in a penal colony.

Dismissal of a lawyer for professional activity

danilevich_90.jpeg
Aliaksandr Danilevich

Lawyer Aliaksandr Danilevich was detained on May 20, 2022 as part of a criminal case. He was accused of calling for sanctions (Part 3 of Article 361) and promoting extremist activities (Articles 361-4).

According to the charges, Aliaksandr allegedly called for sanctions against Belarusian sports and engaged in "discrediting domestic enterprises in front of foreign partners." The lawyer was also accused of giving an interview to an Internet resource Tribune, which the authorities recognized as "extremist".

At the trial, Aliaksandr insisted that he was fulfilling his professional duties.

As a result, on April 10, 2023, in the Minsk City Court, judge Tatsiana Falkouskaya sentenced Aliaksandr to 10 years in a medium security colony.

10 years of penal colony after returning from Poland

Аляксандра Каско
Aliaksandra Kasko

 Aliaksandra Kasko was detained on February 9, 2023, when she returned from Poland to Belarus. After she served her administrative arrest, a criminal case was opened against her for allegedly distributing "extremist" materials.

The woman was accused of "committing extremist crimes" under 8 criminal articles. Among other things, she was also accused of the creation of an extremist formation and the promotion of extremist activities, as well as in inciting other social hatred.

According to the prosecution, Kasko, "being the administrator of several destructive Telegram channels recognized in accordance with the established procedure as extremist formations, and essentially managing them, deliberately created and posted publications on these resources."

Even before the court decision was made, Aliaksandra was added to the “terrorist” and "extremist" lists.

On December 19, 2023, in the Hrodna Regional Court, judge Dzmitryi Bubenchyk sentenced Aliaksandra to 10 years in a penal colony.

Convicted journalist and lawyer

Юлія Юргілевіч
Yuliya Yurhilevich

Journalist Pavel Mazheika and lawyer Yuliya Yurhilevich were detained at the end of August 2022 upon their return to Belarus from Poland.

They were charged with "other assistance to extremist activities committed repeatedly by a group of persons by prior agreement" (Part 2 of Article 361-4 of the Criminal Code). Pavel and Yuliya were accused of passing information to the Belsat TV channel, which the authorities had previously recognized as an "extremist formation."

According to the materials, Yuliya Yurhilevich gave Pavel Mazheika information about her exclusion from the Hrodna Regional Bar Association, as well as data on the consideration by the Minsk City Court of a criminal case against Ales Pushkin and the imposition of punishment on him. And Pavel allegedly passed this information to Belsat for publication.

On July 26, 2023, in the Hrodna Regional Court, judge Maksim Filatau sentenced Yuliya and Pavel to six years of colony.

7 years of colony for writing a human rights report

Наста Лойка. Фота з архіва сяброўкі Насты
Nasta Loika. Photo from the archive of Nasta's friend

Human rights defender Nasta Loika was detained as part of a criminal case on October 28, 2022. At first, she was placed under administrative arrest several times in a row, after which a criminal case was opened for "inciting other social hatred" (Part 3 of Article 130 of the Criminal Code).

The reason for this was the participation of the human rights defender in writing a report on the persecution of the anarchist community in Belarus in 2018: the report provides a critical assessment of the activities of police officers.

On June 20, 2023, in the Minsk City Court, judge Alena Shylko sentenced Nasta to seven years in a penal colony.

12 years in a colony for "administration of three Telegram channels"

Яна Пінчук
Yana Pinchuk

Belarusian Yana Pinchuk was detained in Russia on November 1, 2021. She was charged under five criminal articles: "creation of an organization for carrying out terrorist activities or participation in it" (Part 1 of Article 290-4 of the Criminal Code), "incitement of other social hatred" (Part 3 of Article 130 of the Criminal Code), "calls to action against national security" (Part 3 of Article 361 of the Criminal Code), "creation of an extremist formation" (Part 1 of Article 361-1 of the Criminal Code), "training in participation in mass riots" (Part 3 of Article 293 of the Criminal Code).

On August 9, 2022, Yana was extradited from Russia to Belarus, despite the ban of the UN Human Rights Committee.

According to the investigation materials, "Pinchuk has been discrediting the official authorities on the Internet and calling for participation in mass protests for more than a year."

The prosecution also claimed that she allegedly administered three protest Telegram channels from September 2020 to November 2021.

On June 6, 2023, in the Minsk City Court, judge Liubou Simakhina sentenced Yana to 12 years in a penal colony.

8 years in a penal colony for the head of Viktar Babaryka's initiative group

babaryka_eduard.jpg
Eduard Babaryka

Eduard Babaryka was detained along with his father on June 18, 2020, when they were taken to the Central Electoral Commission to hand over the collected signatures.

From the moment of detention to the announcement of the verdict, Eduard was held in custody for a record period of more than three years.

He was charged with "complicity in organizing actions that grossly violate public order" (Paragraph 6 of Article 16 and Part 1 of Article 342 of the Criminal Code), "inciting other social hatred" (Part 3 of Article 130 of the Criminal Code), "tax evasion" (Part 2 of Article 243 of the Criminal Code).

Eduard was also acquitted of a previous charge against him: legalization ("laundering") of funds obtained through criminal means (Part 2 of Article 235 of the Criminal Code).

The period of detention in the KGB pre-trial detention center was not counted until December 14, 2021, that is, one and a half years. It was then that Eduard became a suspect in a new criminal case. Prior to that, he was held in custody for a maximum of 18 months under Part 2 of Article 243 of the Criminal Code (evasion of taxes and fees, which caused harm on a particularly large scale).

On July 5, 2023, in the Minsk Regional Court, judge Uladzimir Areshka sentenced Eduard to eight years in a medium security penal colony. This is two years less than requested by the prosecutor.

45.5 years of the colony for the Babrujsk "rail guerillas"

Уладзімір Аўрамцаў, Яўген Мінкевіч, Дзмітрый Клімаў
Uladzimir Auramtsau, Yauhen Minkevich, Dzmitryi Klimau

Yauhen Minkevich, Dzmitryi Klimau, and Uladzimir Auramtsau from Babrujsk were arrested by a special unit of the Ministry of Internal Affairs on March 30. They were suspected of destroying two relay cabinets near Asipovičy. During the arrest, the officers used weapons against Dzmitryi Klimau and shot him in the knees. It was revealed later, that it was done on purpose although the men did not resist the arrest.

On February 10, 2023, Dzmitryi Klimau, Uladzimir Auramtsau, and Yauhen Minkevich were sentenced in the Mahilioŭ Regional Court. Judge Ihar Shvedau sentenced the first two to 22 years in prison, and the last one to 1.5 years in prison. It is noted that Minkevich was partially released from punishment for a period of one year under the law On Amnesty in connection with the National Unity Day.

Up to 25 years in a colony: the Haidukevich case

Фігуранты справы падчас абвяўчэння прысуду 21 чэрвеня 2023 года
The defendants in the case during the annunciation of the verdict on June 21, 2023

18 people were involved in the high-profile case of the attack on the house of deputy Aleh Haidukevich. Of these, 15 were in custody, and three were convicted in absentia. The trial lasted four and a half months.

The main role was allegedly played by ex-restaurateur Vadzim Prakopyeu, who was sentenced in absentia to 25 years in a medium security penal colony.

According to the prosecution, from July 14, 2020 to January 6, 2022, an organized criminal group was created, and it operated on the territory of Belarus, Turkey, Poland, Ukraine, and other states, "the main purpose of which was to commit an indefinite number of extremist crimes." The crimes were to be committed by persons who were radically opposed to the current government, including former and current military personnel, law enforcement officers, primarily special purpose units, hand-to-hand combat athletes, businessmen, and others who wanted to seize state power unconstitutionally. The "criminal group" included Prakopyeu himself, Vital, Anastasiya, Uladzislau and Volha Vaitsiakhovich, Siarhei Lisouski, Mikalai Roi, Uladzimir Saviankou, Siarhei Sakalou, Piotr Yurkevich, Ihar Chamiakin, and others. The prosecution considered Vadzim Prakopyeu the organizer of the group.

In total, they were convicted under 14 criminal articles. Among them are "conspiracy to seize state power" (Part 1 and Part 2 of Article 357 of the Criminal Code), "act of terrorism" (Part 2 and Part 3 of Article 289 of the Criminal Code), "violence against an employee of the internal affairs bodies" (Article 364 of the Criminal Code), "creation of an extremist formation or participation in it" (Parts 1 and 3 of Articles 361-1), "illegal actions in relation to firearms, ammunition, and explosives" (Part 2, 3, and 4 of Article 295 of the Criminal Code).

On June 21, 2023, in the Minsk City Court, judge Siarhei Khrypach sentenced 18 defendants to 2–25 years in prison.

12 years in a colony: the TUT.BY case

Людміла Чэкіна і Марына Золатава на судзе 17 сакавіка
Liudmila Chekina and Maryna Zolatava in court on March 17, 2023

Former editor-in-chief of the largest independent media TUT.BY Maryna Zolatava and former CEO Liudmila Chekina were detained on May 18, 2021.

They were accused of "inciting other social hatred" (Part 3 of Article 130 of the Criminal Code) and "calls to action against national security" (Part 3 of Article 361 of the Criminal Code).

Propagandists stated that TUT.BY journalists "incited social hatred" when, among other things, they published photos and videos from opposition and pro-government protests. 

On March 17, 2023, in the Minsk City Court, judge Valiantsina Ziankevich sentenced Maryna and Liudmila to 12 years in a penal colony.

From 11 to 15 years in a penal colony: the Workers' Movement case

Суд па справе
The Workers' Movement case trial

10 people were involved in the case. The detainees are employees of Hrodna Azot, Belarusian Railways, Naftan, and other Belarusian enterprises. They were all detained in September 2021.

The participants of the Workers' Movement (Rabochy Rukh) were accused of "treason to the state" (Article 356 of the Criminal Code), "creation of an extremist formation and participation in it" (Article 361-1 of the Criminal Code), as well as other criminal articles.

On October 18, 2021, the authorities recognized the Workers' Movement as an "extremist formation."

The prosecution claimed that the members of Workers' Movement had "illegally collected and transmitted to foreign states and organizations, including the U.S. and Lithuanian intelligence agencies, official information on how Belarusian companies could circumvent sanctions, as well as on how to prevent this."

In the Homieĺ Regional Court on February 17, 2023, judge Aliaksandr Piskunou sentenced the accused to 11–15 years in prison.

10 years in a penal colony for an expert and a political scientist

kuzina_kasciuhova1.jpg
Valeryia Kastsiuhova and Tatsiana Kuzina

Valeryia Kastsiuhova, a political scientist, editor of the Belarusian Yearbook, and Tatsiana Kuzina, a co-founder of the Sympa School of young managers, were detained in June 2021.

They were charged with "aiding actions committed with the aim of seizing power" (Part 1 of Article 357 of the Criminal Code), "calls to action against national security" (part 3 of Article 361 of the Criminal Code), and "inciting other social hatred" (Part 3 of Article 130 of the Criminal Code).

On March 17, 2023, in the Minsk City Court, judge Dzina Kuchuk sentenced Tatsiana and Valeryia to 10 years in prison each.

Harsh sentences for activists of independent trade unions

Генадзь Фядыніч, Васіль Бераснеў і Вацлаў Арэшка
Henadz Fiadynich, Vasil Berasneu, and Vatslau Areshka

Henadz Fiadynich, the former head of the independent Trade Union of Workers of Radio-electronic Industry (REI), Vasil Berasneu, the leader of the Orša Independent REI Trade Union, and Vatslau Areshka, an activist of the REI Trade Union, were detained on April 19, 2022.

They were charged with "calls to action against national security" (Article 361 of the Criminal Code), "creation of an extremist formation or participation in it" (Article 361-1 of the Criminal Code) and "inciting other social hatred" (Article 130 of the Criminal Code).

In the Minsk City Court on January 5, 2023, judge Anastasiya Papko sentenced Henadz Fiadynich and Vasil Berasneu to nine years in a colony, and Vatslau Areshka to eight years in a colony.

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