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Human rights situation in Belarus. July 2024

2024 2024-08-08T11:48:54+0300 2024-08-08T12:29:26+0300 en https://spring96.org/files/images/sources/vokladka---800-na-800-1.png The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Summary:

  • In Belarus, the level of repression against political opponents of the regime and dissidents remains a significant concern. Those who have taken part in protests or expressed views on the political situation in the country, as well as those who have provided support to protest structures, are at risk of being subjected to persecution.

  • Since the summer of 2020, the human rights community has identified 3,390 individuals as political prisoners, 615 of whom are women. As of 31 July 2024, Belarus had 1,391 political prisoners, including 180 women. The human rights community recognized 63 people as political prisoners during that month.

  • The Viasna Human Rights Center has several members serving sentences in correctional facilities. These include Nobel Peace Prize winner Ales Bialiatski, vice-president of the International Federation for Human Rights (FIDH) Valiantsin Stefanovic, Uladzimir Labkovich, Maria Rabkova, volunteer Andrei Chapiuk, and Human Constanta human rights activist Nasta Loika.

  • It is known that several political prisoners have been held incommunicado for long periods. Among them are Maria Kalesnikava, Viktar Babaryka, Mikalai Statkevich, and Siarhei Tsikhanouski, who have been deprived of contact with the outside world for more than a year and are restricted from communicating with fellow inmates.

  • The arbitrary repression of citizens for exercising their civil rights persists. In July, Viasna received information about at least 221 cases of politically motivated repression resulting in criminal and administrative prosecutions, with at least 30 administrative cases being considered by courts.

  • In July, the human rights organization Viasna provided an update on the status of politically motivated criminal prosecutions. The report indicated that the number of trials related to these cases remains high. According to preliminary data, at least 146 people were convicted during June: 98 men and 48 women. More than half of those convicted were prosecuted for participating in protests in 2020.

  • Rico Krieger, a German citizen, was sentenced to death on charges of committing a terrorist act and other crimes of an "extremist" nature. This is the inaugural death sentence in Belarus for actions that did not result in human casualties.

  • The authorities are continuing to expand the lists of individuals and organizations involved in extremist and terrorist activities, as well as extremist materials.

  • Viasna human rights defenders still regularly register and document instances of torture and prohibited treatment during politically motivated criminal investigations, as well as in administrative proceedings. The same applies to persecution and imprisonment on political grounds. Detainees are also deprived of adequate medical care.

  • In her final annual report to the UN Human Rights Council, Anaïs Marin, Special Rapporteur on Human Rights in Belarus, outlined the long-standing and growing concern of the UN and the international community regarding the suppression of democratic freedoms and other serious human rights violations in Belarus.

  • The European External Action Service (EEAS) has stated that there are still more than 1,400 political prisoners, including people who are indefinitely incommunicado, people with serious health problems, people over 60, minors, people with disabilities, and people with mental illnesses. Some of these prisoners are in urgent need of medical attention. Their conditions are life-threatening. The EU called for the immediate and unconditional release of all political prisoners.

Political prisoners

As of July 31, there were 1,391 political prisoners in Belarus, 180 of them women. Over 2,000 individuals, including 437 women, have been released due to completing their sentence, change of restraining order, non-custodial sentence, amnesty, or pardon. Some of them died in prison. This brings the total number of political prisoners and former political prisoners to 3,391, including 615 women.

In July, human rights activists recognized 63 people as political prisoners. These included 12 people arrested and imprisoned for participating in peaceful assemblies (July 30 statement), 23 people charged with defamation crimes (July 5 and July 31 statements), 13 people charged with inciting social enmity towards public and police officers (July 24 statement), and 15 people prosecuted for dissent under overly broad and vague extremism legislation (July 3 and July 26 statements).

On July 2, the Special Rapporteur on Belarus and other United Nations independent experts called on the Belarusian authorities to pardon or commute the sentences of all elderly people imprisoned on political charges. In the past, similar calls for the urgent release of vulnerable groups or individual political prisoners have been left unanswered or unfulfilled. 

On July 2, an amnesty law was signed. However, it did not provide for the release of political prisoners. Those who could be eligible for amnesty were excluded from the list of those recognized as having been involved in activities considered by the authorities as extremist and terrorist. On the same day, Aliaksandr Lukashenka announced the forthcoming release of political prisoners who are seriously ill.

Information regarding the release of 18 political prisoners, likely by pardon or amnesty, was released on July 3. Only one of them - Ryhor Kastusiou - is seriously ill. At the same time, at least 30 political prisoners, known to human rights activists to be in a critical state of health, remained in detention.

In July, it was reported that at least 43 political prisoners, including the 18 mentioned above, had been released from detention. At least 20 people are released due to completing their sentences.

In July, reports revealed that the health of anarchist political prisoner Ihar Alinevich, who is regularly placed in a punishment cell by the prison administration, had deteriorated. Palina Sharenda-Panasiuk was diagnosed with chronic pancreatitis, which is a serious life-threatening condition under Belarusian prison conditions. Furthermore, reports indicate that Father Andrzej Juchniewicz is currently being held in a detention center in a malnourished state.

The Coordinator of the European Belarus movement, Yauhen Afnahel, and surgeon Andrei Lubetski have been transferred to a high-security prison, marking the second such transfer for Afnahel.

Baranavičy resident Yauhen Kladou is facing new charges, including "mass riots" (Article 293 of the Criminal Code), "incitement of hostility or enmity" (Article 130 of the Criminal Code), and "encouraging actions aimed at harming the national security of the Republic of Belarus" (Article 361 of the Criminal Code). The new charges could result in a prison sentence of up to 12 years.

It has come to our attention that Siarhei Yafimau, Eduard Babaryka, and Siarhei Dziatsuk have been convicted for persistent disobedience to the demands of the prison administration (Article 411 of the Criminal Code), resulting in an extended term of imprisonment. The same charges were brought against Viachaslau Maleichuk and Yury Ziankovich.

We are still receiving reports of harassment of the families of political prisoners and of individuals who support them. Iryna Pahadayeva has been sentenced to three years of imprisonment on charges of promoting extremist activities in connection with her involvement in the Facebook group "Letters of Solidarity," which has been designated by the authorities as an extremist formation. The mother and aunt of political prisoner and anarchist Aliaksandr Frantskevich were also detained in connection with a criminal case involving participation in an extremist formation.

Human rights activists

The UN Working Group on Arbitrary Detention has determined that Ales Bialiatski's deprivation of liberty is arbitrary and has demanded his release. The Nobel Peace Prize laureate and human rights activist has been incarcerated for over three years, having been sentenced to 10 years of imprisonment. He is currently subject to forced labor, denial of visits and care packages, and restrictions on correspondence. The family has not been able to get him the necessary medication.

Special proceedings have been initiated against human rights defender Ihar Kazmerchak, allowing for a preliminary investigation and trial in absentia on charges of insulting Lukashenka and promoting extremist activities. 

The trial in absentia against human rights defender and journalist Uladzimir Khilmanovich on charges of promoting extremist activities and participation in an extremist formation commenced on July 27.

Ales Bialiatski, Valiantsin Stefanovic, Uladzimir Labkovich, Marfa Rabkova, and Andrei Chapiuk, as well as human rights activist Nasta Loika, remain behind bars. A joint statement has been released by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) and the Viasna Human Rights Center to mark the third anniversary of the detention of Ales Bialiatski, Valiantsin Stefanovic, and Uladzimir Labkovich. The organizations reiterated their call for the immediate and unconditional release of the imprisoned human rights defenders by the Belarusian authorities.

At least six lawyers are currently imprisoned on political grounds.

Torture and ill-treatment

It is of significant concern that torture and ill-treatment in detention and custody remain a systemic and widespread practice.

Law enforcement-controlled media continue to publish videos in which detainees are forced to plead guilty and apologize for their actions. 

Information has surfaced about restrictions on the provision of sanitary pads to female detainees. This is an arbitrary interpretation of the norms of the correctional legislation.

In a recent interview, former political prisoner Uladzislau Biahun detailed the torture and ill-treatment he endured during his detention in May 2023. He reported being tortured with a stun gun to obtain the password to his phone, beaten, handcuffed, and threatened with death.

Former political prisoner Henadz Smirnou provided a detailed account of the torture and ill-treatment he endured while incarcerated. He was forced to remain in unnatural static poses for extended periods, subjected to solitary confinement in the punishment cell for 109 days, and endured torture with cold temperatures.

A video has emerged of the violent arrest of Yauhen Bychko on charges of involvement in the 2020 peaceful protests (Article 342 of the Criminal Code). It shows law enforcement officers subduing him with full ammunition and restraining his hands behind his back.

Political prisoner Yahor Lebiadok was placed in solitary confinement for 10 days. During this period, he was held in worsened conditions, including restrictions on correspondence and meetings with a lawyer.

The Belarusian authorities' support of Russia's military aggression, war criminals, prosecution for supporting Ukraine, and anti-war stance

We know about the arrest of two people, in Minsk and Barysaŭ, for expressing support for Ukraine in chat roulette app conversations, probably with provocateurs. 

Furthermore, the Telegram channel, which is managed by law enforcement agencies, released a video in which a man is compelled to confess to making negative statements about Russia and the Belarusian authorities while interacting with a chat roulette user.

Another video published on a Telegram channel controlled by law enforcement forces a detained individual to admit guilt for donating to the Kalinouski Regiment in Ukraine.

A young woman was also arrested for having an anti-war tattoo that read "F*ck the War".

Illustrator Natallia Levaya was sentenced to six years in prison and fined $12,250 for making donations, including to the Kalinouski Regiment.

The trial of 16-year-old Stanislau Shapel for alleged "links with the SBU" on charges of treason (Part 1 of Article 356 of the Criminal Code) has commenced. It appears that the teenager was provoked.

Violation of the freedom of peaceful assembly. Suppression of freedom of expression

Participation in street protests against the stolen 2020 presidential election continues to result in arrests and prosecutions. Judges often impose the most severe punishment - imprisonment - although the sanction of the article provides for milder types of punishment: shorter detention or restriction of liberty. 

Thus, on July 24, Henadz Klimashevich and Krystsina Salauyova were convicted under Part 1 of Article 342 of the Criminal Code in the "Circle Dance case." They were sentenced to one year in prison and one and a half years probation, respectively. According to part 2 of Article 62 of the Criminal Code, the penalty of deprivation of liberty may be imposed only if the purposes of holding a person criminally responsible cannot be achieved by a milder penalty provided for by the corresponding article of the Special Section of the Criminal Code. According to Viasna Brest, a total of 139 people have been convicted in the "Circle Dance" case.

People returning from abroad continue to face prosecution. Thus, on July 31, the Kastryčnicki District Court in Hrodna began considering the criminal case under Article 342 of the Criminal Code against Dzmitry Hlushchanka. He was detained shortly after returning from Poland.

The statute of limitations for Article 342 of the Criminal Code is five years from the date of the offense.

On July 18, the Court of Polack District and Polack City reviewed the case of Neli Alfiorava under Article 369 of the Criminal Code (insulting a public official). She was tried on camera as a "person who committed an anti-social deed". The court mandated the implementation of compulsory security and treatment measures, which resulted in the woman being transferred for psychiatric hospitalization.

Administrative prosecution continues to be actively used to exert pressure for political reasons. In July, Viasna received information about at least 221 cases of politically motivated repression resulting in criminal and administrative prosecutions, with at least 30 administrative cases being considered by courts.

Viasna human rights activists have provided an updated figure for the total number of detentions for the second quarter of 2024.

From April 1 to June 30, 1,756 cases of politically motivated repression were recorded in Belarus by Viasna. These included searches, summonses for interrogation, trials, and other forms of repression. Of these cases, 450 were related to arrests. Human rights defenders are also aware of at least 1,079 administrative trials during this period. It is most common for individuals to be prosecuted under Article 19.11 of the Administrative Violations Code for following and sharing "extremist" content on social media. Furthermore, the practice of issuing detentions following phone checks at the Belarusian border persists.

According to the latest figures, a total of at least 1,437 individuals were detained in Belarus during the initial six-month period of 2024.

Please note that the results of administrative prosecutions and the number of detentions related to criminal and administrative prosecutions are frequently not communicated to human rights defenders or are delayed due to the prevailing atmosphere of fear and the threat of further reprisals. The data cannot be evaluated as an indicator of changes in the level of repression, particularly over short periods and without consideration of the evolving circumstances surrounding the collection of information.

Violation of the right to life. Death penalty

On June 24, the Minsk Regional Court sentenced a German citizen to death. This is the first individual to be sentenced to execution in 2024, and the first foreign national since the inception of the "Human Rights Defenders Against the Death Penalty in Belarus" campaign, which commenced in 2009. The arrest of Rico Krieger occurred in October 2023, but the case was only made public in May 2024. The first court hearing was held on June 6, and the case has been considered for less than a month. 

Rico Krieger was charged with six articles of the Criminal Code: Part 1, Article 13, Article 133 (preparation of mercenary activities); Part 3 Article 289 (terrorist acts); Part 4 Article 295 (unlawful acts involving firearms, ammunition, and explosives); Part 4 Article 309 (disrupting means of transport or transportation lines); Part 4 Article 361-1 (participation in an extremist formation); Article 358-1 (agent operational activities). Of all the charges, only the act of terrorism (Part 3 of Article 289 of the Criminal Code) carries the death penalty.

The International Federation for Human Rights (FIDH), the Viasna Human Rights Center, and several organizations have jointly issued a statement urging the Belarusian authorities to halt the execution of German citizen Rico Krieger, who has been sentenced to death, regardless of the charges against him. Furthermore, they urged Belarus to comply with its international human rights obligations, including the right to life, the right to freedom from torture and ill-treatment, and the right to legal defense and a fair trial.

The sentence was not reviewed on appeal.

Rico Krieger wrote a petition for clemency on July 30. Lukashenka convened a meeting with the individuals directly involved in the case consideration and decided on the pardon that same evening.

There is substantial evidence that Krieger was the victim of provocation by the Belarusian special services. Several crimes attributed to him were in fact never committed. The classification of his actions as an act of terrorism was arbitrary and designed to provide a basis for arbitrary conviction and the death penalty in the absence of loss of life. This was made possible after the relevant amendments to the Criminal Code in 2022. The changes to the death penalty legislation are in direct contravention of Belarus' obligations under the International Covenant on Civil and Political Rights.

In 2023, Aliaksandr Taratuta was sentenced to death in Belarus. He was found guilty of premeditated murder with aggravating circumstances. On January 9, 2024, the Supreme Court upheld the sentence, and the man has been awaiting execution since that time.

Violation of rights and freedoms under the pretext of combating extremism and terrorism

Counter-extremism and counter-terrorism legislation have been used exclusively for politically motivated prosecution, with the sole intention of preventing the enjoyment of one's civil and political rights.

In July, the authorities expanded the list of extremist organizations to include four additional entities: "Medics.Hrodna," "National Democratic Platform," "ShapitoDich," and "Propovednik."

The State Security Committee has added 455 persons to the List of Organizations and Individuals Involved in Terrorist Activities.

The List of Belarusian Citizens, Foreign Nationals and Stateless Persons Involved in Extremist Activities has been expanded to include 86 names, including that of German citizen Rico Krieger, who has been sentenced to death.

In accordance with the 114 court decisions that have identified Telegram channels, Tik-Tok channels, and other sources and media as extremist, these have been added to the National List of Extremist Materials. This includes one decision to classify over 63 items of information products with religious content as extremist.

The TikTok channel "legal_initiative_belarus," operated by the human rights organization Legal Initiative, was identified as extremist content. The same happened to the website and social media accounts of the Association of Belarusian Political Prisoners, as well as the website of the International Committee for the Investigation of Torture in Belarus, which has conducted investigations into instances of torture and prohibited treatment in detention centers and various police departments. Their report entitled "Torture in Belarus. Report of non-governmental organizations in advance of adoption by the UN Committee Against Torture of the list of issues addressed to the Republic of Belarus" was also designated as extremist.

Belarusians face criminal prosecution and arbitrary detention for activities deemed extremist under repressive legislation. Thus, political prisoner Iryna Pahadayeva was sentenced to three years in prison. The case was considered by the Brest Regional Court and the sentence was pronounced by Judge Andrei Siz. The woman was found guilty under parts 1 and 4 of Article 361-4 of the Criminal Code (promoting extremist activities). It is known that in late 2023 Iryna Pahadayeva was included in the list of participants of the Facebook community "Letters of Solidarity", which was recognized as an extremist formation. The case encompasses over 30 episodes, during which the woman remitted funds to political prisoners in pre-trial detention facilities in Minsk, Homieĺ, and other cities across the country. The average transfer sum was around $1-2 per person. In total, Iryna sent $58 to prisoners between August 2021 to December 2022. According to the prosecution, Iryna Pahadayeva was part of an extremist community and "accessed censored channels, indicating a conscious and deliberate act motivated by ideological hatred and a direct intent against the current government."

Harassment of journalists

As of the end of July, 37 journalists and media workers have been behind bars.

The Viasna Mahilioŭ chapter, MAYDAY.TEAM, has announced that on 31 July, the Mahilioŭ Regional Court handed down prison sentences of four and three years, respectively, to journalists Ales (Aliaksandr) Sabaleuski and Yauhen Hlushkou. They were found guilty under Article 361-1 of the Criminal Code (establishing or participating in an extremist formation).

On 19 June, personnel from the Investigative Committee searched the registered address of Dzmitry Pankavets in Barysaŭ District. The journalist has been residing outside the country for several years.

The trial of journalist Ales Kirkevich commenced on 8 July at Hrodna Regional Court. He is facing allegations of "promoting extremist activity" (parts 1 and 2 of Article 361-4 of the Criminal Code). The case is being heard in absentia by Judge Yury Kazakevich.

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