Statement on the recognition of 10 people as political prisoners

Joint statement by the Belarusian human rights community

August 21, 2024

The Belarusian human rights community notes an increase in the number of convictions and imprisonments under several defamation and desecration of state symbols articles of the Criminal Code of the Republic of Belarus, and for other actions aimed at the lawful exercise of the freedom of expression. We demand to put an end to the persecution of legitimate expression of views and, reaffirming our repeated calls to decriminalize defamation and to refrain from imposing custodial sentences for insulting officials, the state, government agencies, and symbols (as mentioned in the Joint statement of December 22, 2020), note the following:

At the moment we know about the following persons imprisoned for having insulted Aliaksandr Lukashenka, officials (police officers), judges and desecrated state symbols:

1. Mikhail Lazko, convicted under Article 369 of the Criminal Code for insulting a representative of the authorities; he was sentenced to imprisonment in a penal colony;

2. Maksim Dzhumaniyazau, convicted under Articles 368 and 369 of the Criminal Code for insulting Aliaksandr Lukashenka and a representative of the authorities; he was sentenced to imprisonment in a penal colony;

3. Dzmitry Shalak, convicted under Articles 368 and 369 of the Criminal Code for insulting Aliaksandr Lukashenka and a representative of the authorities; he was sentenced to three years and six months of imprisonment in a penal colony;

4. Pavel Kucharenka, convicted under Article 203-1 of the Criminal Code for the transfer of personal data; he was sentenced to imprisonment in a penal colony;

5. Andrei Hil, convicted under Article 369 of the Criminal Code for insulting a representative of the authorities; he was sentenced to two years of imprisonment in a penal colony;

6. Yarvand Martsirasian, convicted under Article 368 of the Criminal Code for insulting Aliaksandr Lukashenka; he was sentenced to two years of imprisonment in a penal colony;

7. Siarhei Barzavets, convicted under Article 368 of the Criminal Code for insulting Aliaksandr Lukashenka; he was sentenced to imprisonment in a penal colony;

8. Yauhen Stralchen, convicted under Articles 342 and 367 of the Criminal Code for participation in street protests and defamation of A. Lukashenka.

There is also information about the replacement of restriction of liberty with deprivation of liberty in relation to

9. Siarhei Charnetski, who was convicted under Article 391 of the Criminal Code for insulting a judge,

10. Stanislau Amelyaniuk, who was convicted under Article 370 of the Criminal Code for desecrating state symbols.

We consider the persecution and imprisonment of the named individuals to be politically motivated, related to the peaceful exercise of expressing thoughts, and consider them political prisoners in accordance with paragraph 3.1(a) of the Guidelines on the Definition of Political Prisoners. We demand from the Belarusian authorities:

1. Immediately release political prisoners Mikhail Lazko, Maksim Dzhumaniyazau, Dzmitry Shalak, Pavel Kucharenka, Andrei Hil, Yarvand Martsirasian, Siarhei Barzavets, Yauhen Stralchen, Siarhei Charnetski, Stanislau Amelyaniuk and stop criminal prosecution against them.

2. To adopt measures aimed at the decriminalization of defamation offenses and repeal the articles of the Criminal Code that provide liability for insulting the state, state symbols, and officials, namely Articles 188, 367, 368, 369, 369-1, 370, and 391 of the Criminal Code of the Republic of Belarus, and drop all ongoing criminal cases under these articles.

3. Immediately release all political prisoners and stop political repression.

Human Rights Center "Viasna";

PEN Belarus;

Belarusian Association of Journalists;

Lawtrend.