Human rights community declares eight more persons political prisoners

Statement by the Belarusian human rights community

20 March 2024

As representatives of the Belarusian human rights community, we reiterate our concern that the criminal prosecution for inciting social enmity or discord (Article 130 of the Criminal Code) is selectively and discriminatorily applied by investigators and courts. It appears that this law is only used to protect institutions of power. We find it unjustified to single out government officials, internal affairs officers, and military personnel as a social group enjoying special protection in this context.

We strongly oppose the misuse of laws that protect government officials, law enforcement officers, and judges from threats to punish citizens who speak out against the clear violations of the Constitution and the law by state representatives. This includes the involvement of government officials, prosecutors, and judges in torture and creating an atmosphere of impunity for gross violations of human rights, which can often be considered crimes against humanity.

Under the International Covenant on Civil and Political Rights, everyone has the right to a fair and public hearing by a competent, independent, and impartial tribunal when facing criminal charges. Courts may exclude the public, in whole or in part, for reasons of morals, public order, national security, or to protect the private lives of the parties involved. Additionally, in special circumstances where publicity would violate the interests of justice, the court may exclude the public to the extent strictly necessary. The proceedings should be open to the general public, including media representatives, and not be limited to a certain authorized group, unless exceptional circumstances dictate otherwise. Even if the public is not granted access to the trial, the verdict, including the primary conclusions, evidence, and legal reasoning, should be disclosed. The court did not fulfill these requirements in the case of the individuals named below. This failure could impact the human rights defenders' assessment of the outcome of the case.

We are aware of the following cases:

Aliaksandr Piskunou, sentenced to imprisonment under Articles 130, 366, 367, 368, 369 of the Criminal Code on charges of inciting other social enmity or discord, threatening an official performing official duties or another person performing a public duty, libel against A. Lukashenka, insulting A. Lukashenka and a public official in online comments;

Yaraslau Verdysh, sentenced to five years of imprisonment under Article 130 of the Criminal Code on charges of inciting other social enmity or discord in comments on the Internet;

Aliaksandr Yeutsikhau, sentenced to imprisonment under Articles 130, 367, 361-4 of the Criminal Code on charges of inciting other social enmity or discord, libel against A. Lukashenka, promoting extremist activity in comments on the Internet, and forwarding a video recording of military equipment to an oppositional Telegram channel that was declared extremist by the authorities;

Dzmitry Hut, sentenced to six years of imprisonment under Article 130 of the Criminal Code on charges of inciting other social enmity or discord in comments on the Internet;

Yauhen Toustsik, sentenced to one year of imprisonment under Article 130 of the Criminal Code on charges of inciting other social enmity or discord in comments on the Internet;

Aliaksandr Paliuka, sentenced to seven years of imprisonment under articles 361, 361-1, 367, 368, 369 of the Criminal Code for encouraging actions aimed at harming the national security of the Republic of Belarus, participation in an extremist formation, libel against A. Lukashenka, insulting a public official and A. Lukashenka in comments on the Internet;

Pavel Kuntsevich, sentenced to four years of imprisonment under Article 361 of the Criminal Code on charges of encouraging actions aimed at harming the national security of the Republic of Belarus (sanctions) in comments on the Internet;

Ivan Asipovich, convicted in a closed trial under Articles 361-1 and 343 of the Criminal Code on charges of promoting extremist activities and producing pornographic materials.

After evaluating these criminal prosecutions, we have concluded that there is a political motive behind each of them.

The Guidelines for the Definition of a Political Prisoner state that a person is considered a political prisoner if they are deprived of liberty due to a political motive for their persecution, including when:

(a) The deprivation of liberty has been imposed in violation of the right to a fair trial or other rights and freedoms guaranteed by the Covenant or the European Convention for the Protection of Human Rights and Fundamental Freedoms;

(d) The person is deprived of liberty selectively compared to other persons.

We, representatives of the Belarusian human rights community, declare that the continued imprisonment of Aliaksandr Piskunou, Yaraslau Verdysh, Aliaksandr Yeutsikhau, Dzmitry Hut, Yauhen Toustsik, Aliaksandr Paliuka, Pavel Kuntsevich, and Ivan Asipovich is politically motivated, and they are political prisoners. In this regard, we demand that the authorities of Belarus:

review the sentences and pre-trial restraint measures imposed on the political prisoners in question, while ensuring their right to a fair trial and eliminating any factors that influenced the classification of the acts and the type and severity of punishment;

release the political prisoners in question and ensure their appearance in court through alternative measures;

release all political prisoners immediately, review politically motivated sentences, and put an end to the political repression of the country's citizens.

Viasna Human Rights Center;

Lawtrend;

Human Constanta;

Barys Zvozskau Belarusian Human Rights House;

Legal Initiative;

Office for the Rights of People with Disabilities;

Belarusian Helsinki Committee;

Belarusian Association of Journalists;

PEN Belarus.