Statement by human rights defenders in connection with the crackdown on lawyers

Statement by Belarusian human rights community in connection with the mass arrests of lawyers on February 28, 2024

On February 28, 2024, mass arrests of lawyers took place in Belarus. The exact number of detainees and the reason remain unknown, but human rights activists know of the arrest of 12 lawyers. Most of the detained were soon released. The fate of those who were not released is unknown to us.

Prior to that, massive, simultaneous detentions occurred on March 20, 2023, when six lawyers defending political prisoners were detained. In total, from 2020 to February 28, 2024, at least 23 cases of detention of lawyers defending political prisoners for allegedly committing administrative offenses were recorded.

The Right to Protection project, together with the human rights and legal communities, in connection with this precedent, emphasizes that pressure on the legal community through mass detentions and crackdowns directly contradicts the guarantees of legal protection and is a violation of the right of citizens to professional legal assistance.

Due to the fact that the arrests of lawyers on February 28 occurred at the same time and are a continuation of the trend of state policy to prosecute lawyers and restrict the right to defense, we believe that in this case pressure is exerted on a group of citizens on a professional basis.

The persecution of lawyers for their professional activities by government agencies creates a climate of intimidation in the legal community and has a "chilling effect" on those professionals who still work in accordance with international standards, sending a signal to all lawyers defending human rights. The persecution of lawyers, who, among other things, are participants in the administration of justice, seriously undermines the implementation of the rule of law and the ability of lawyers to protect their clients.

The arrest and detention of lawyers on February 28 also negatively affects the ability of citizens to defend themselves and represent their interests with the help of a qualified independent lawyer of their own choice, as well as the ability of clients of detained lawyers to promptly appeal court decisions and sentences. Mass detentions and exerting pressure on certain representatives of the legal profession contradict the right of lawyers to freely engage in their professional activities and deprive clients of the right to a fair trial, which is guaranteed by international legal acts in the field of human rights. Such precedents indicate not only serious problems in the provision of legal (lawyer’s) assistance, in the right to defense and legal assistance, but also the impossibility of the existence of an independent and fair trial in such conditions as a whole.

The persecution and arbitrary detention of lawyers contradict the obligations of the Republic of Belarus under international law, including the International Covenant on Civil and Political Rights and the UN Basic Principles on the role of lawyers. They confirm the crucial role of lawyers in upholding the rule of law and protecting human rights. The state has a very important duty to ensure that lawyers can perform their legitimate professional functions in a climate free from intimidation, obstruction, harassment, or undue interference.

Meanwhile, the Belarusian Republican Bar Association, as well as the territorial bar associations, in no way highlighted the mass detentions and did not condemn the systematic practice of pressure by state bodies on the legal professionals. It is important to note that part of the functions of the self-governing bodies of the bar is to protect the legal profession and its members, create appropriate conditions for the activities of lawyers, and properly respond to all cases of interference by state bodies in the activities of lawyers.

Therefore, we call on the Republic of Belarus:

• to immediately stop blatant violations of the guarantees provided by lawyers in accordance with international standards by arbitrary detaining them for the exercise of professional activity,
• to fulfill the international obligations assumed in the field of human rights,
• to stop repression against lawyers.

Belarus must also respect and ensure the right of everyone to be represented by a competent and independent lawyer. Respecting this right is impossible without independent lawyers, free from pressure from state authorities on representatives of the legal community.

We also call on international bar associations, other non-governmental organizations from around the world, and international institutions to continue to show solidarity with Belarusian lawyers who are being prosecuted for conscientiously fulfilling their professional duties, and to respond to the situation of continuous human rights violations in the country.

The Right to Protection Project;

Belarusian Helsinki Committee;

Human Rights Organization Human Constanta;

Human Rights Center Viasna;

Belarusian Association of Journalists;

Office for the Rights of Persons with Disabilities;

Belarusian Association of Human Rights Lawyers.