The statement on the recognition of 11 people as political prisoners

Statement by the human rights community of Belarus

April 17, 2024

We, representatives of the human rights community of Belarus, once again note that criminal liability for "incitement of hatred" under Article 130 of the Criminal Code has been selectively and discriminatorily applied by both the investigators and courts in an apparent attempt to protect the state bodies. Moreover, it seems unreasonable to label government officials, police officers, military personnel, etc., as separate social groups under protection in this context.

We insist that it is unacceptable to apply a law aimed to protect government officials, law enforcement officers, and judges from threats in connection with the lawful performance of their duties to punish those citizens who have spoken out in connection with the clear violation of the Constitution and law by state institutions, the involvement of government officials, prosecutors and judges in torture and in creating a climate of impunity for torture and other human rights violations, often showing signs of crimes against humanity.

According to the International Covenant on Civil and Political Rights, in the determination of any criminal charge against him, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. All or part of the public may be excluded from a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. In the absence of such exceptional circumstances, the proceedings should be open to the general public, including representatives of the media, and should not, for example, be limited to a certain category of persons. Even in cases where the public is denied access to the hearing, the court decision, including the main conclusions, evidence, and legal arguments, should be made public. The court did not fulfill these requirements in the case of the persons mentioned, which could determine the attitude of human rights defenders to the hearing results.

We are aware of the conviction of:

• Uladzimir Marozau under Articles 130, 342, 361, 369, 368, 367, 203-1, 361-4 of the Criminal Code on charges of inciting other social hatred, organizing and preparing actions that grossly violate public order, or actively participating in them; calls for actions aimed at harming the national security of the Republic of Belarus, insulting a government representative, A. Lukashenka and slandering him, illegal actions with respect to personal data, assistance in extremist activities; he was sentenced to imprisonment in a penal colony;

• Siarhei Chyzheuski under Articles 130, 342, 368, 367 of the Criminal Code on charges of inciting other social hatred, organizing and preparing actions grossly violating public order, or actively participating in them, insulting A. Lukashenka and slandering him; he was sentenced to 2 years and 8 months of imprisonment in a penal colony;

• Uladzimir Varashen under Articles 130, 366, 369, 368, 367 of the Criminal Code on charges of inciting other social hatred, threatening an official performing official duties or another person performing a public duty, insulting an official, A. Lukashenka and slandering him; he was sentenced to imprisonment in a penal colony;

• Viktar Novik in a closed court session under Articles 361-1, 130, 356, 179, 377, 352, 302-1, 361-4, 426 of the Criminal Code on charges of inciting social hatred or hostility, treason against the state, illegal collection and dissemination of information about private life, destruction of official documents, unlawful possession of computer information, illegal actions against personal data, assistance to extremist activities, abuse of power or official authority; he was sentenced to imprisonment in a medium security colony for a period of 13 years;

• Uladzimir Zhuromski in a closed court session under Articles 361-1, 130, 356, 179, 377, 352, 302-1, 361-4, 426 of the Criminal Code on charges of inciting social hatred or hostility, treason against the state, illegal collection and dissemination of information about private life, destruction of official documents, unlawful possession of computer information, illegal actions against personal data, assistance to extremist activities, abuse of power or official authority; he was sentenced to imprisonment in a medium security colony for a period of 12 years;

• Viktar Barket under Articles 370, 368, 368, 130 of the Criminal Code on charges of mocking state symbols, insulting a representative of the government, insulting A. Lukashenka, inciting other social hatred or hostility; he was sentenced to imprisonment in a penal colony;

• Ihar Fedarenka under Articles 342, 361 Part 3, 368, 130 of the Criminal Code on charges of organizing and preparing actions that grossly violate public order, or actively participating in them, participating in the activities of an extremist formation, insulting A. Lukashenka, inciting other social hatred; he was sentenced to imprisonment in a penal colony;

• Aliaksandr Vitukhnouski under Articles 342, 368, 130 of the Criminal Code on charges of organizing and preparing actions that grossly violate public order, or actively participating in them, insulting A. Lukashenka, inciting other social hatred; he was sentenced to imprisonment in a penal colony;

The authorities unreasonably use detention in the absence of sufficient grounds for the use of the preventive measure, which restricts personal freedom: as the UN Human Rights Committee notes, "remand in custody on criminal charges must be reasonable and necessary in all the circumstances." "The detention of persons awaiting trial should be an exception, not the rule... Release from such detention may be conditional on the provision of guarantees of attendance at court, attendance at the trial at any other stage and (if necessary) attendance for the execution of the sentence. This suggestion concerns persons awaiting trial on criminal charges, that is, after the indictment, but a similar requirement, covering the period before the indictment, follows from the prohibition of arbitrary arrest... It should not be the general practice to subject defendants to pretrial detention. Detention should be based on a case-by-case decision that it is justified and necessary, taking into account all the circumstances, for purposes such as preventing escape, interfering with the process of collecting evidence or recidivism of the crime... The relevant factors should be spelled out in the law and should not contain vague and broad standards such as "public danger"... Pre-trial detention should be applied not on the basis of a possible sentence, but on the basis of determining the need for this measure of restraint."

Thus, we found out about the detention of:

• Siarhei Bunata under Part 3 of Article 361 of the Criminal Code on charges of participating in the activities of an extremist formation;

• Volha Lotsmanava, who was detained among other people associated with the initiative of food assistance to families of political prisoners;

• Andrei Zaikou under Article 130 of the Criminal Code on charges of inciting other social hatred and hostility.

Having studied these criminal prosecution cases, we concluded that all of them are politically motivated.

According to the Guidelines on the Definition of Political Prisoners, a person deprived of liberty is to be regarded as a political prisoner, if at least one of the following criteria is observed:

a) the detention has been imposed in violation of the right to a fair trial, other rights and freedoms guaranteed by the International Covenant on Civil and Political Rights or the European Convention for the Protection of Human Rights and Fundamental Freedoms;

d) the person has been detained in a discriminatory manner as compared to other persons.

We, representatives of the Belarusian human rights community, declare that the further imprisonment of Uladzimir Marozau, Siarhei Chyzheuski, Uladzimir Varashen, Viktar Novik, Uladzimir Zhuromski, Viktar Barket, Ihar Fedarenka, Aliaksandar Vitukhnouski, Siarhei Bunata, Volha Lotsmanava, Andrei Zaikou. is politically motivated, and they themselves are political prisoners. We demand from the Belarusian authorities:

• review the sentences and preventive measures imposed on these political prisoners, while ensuring the right to a fair trial and eliminating the factors that affected the categorizing of actions, the type and severity of punishment;

• release the mentioned political prisoners by taking other measures to ensure their appearance in court;

• immediately release all political prisoners, review politically motivated sentences and end political repression against citizens.

Human Rights Center Viasna;

Legal initiative;

Belarusian Helsinki Committee;

Lawtrend;

Barys Zvozskau Belarusian Human Rights House;

Belarusian Association of Journalists.