Human rights situation in Belarus. August 2024

Summary:

• The repression of dissidents and those who express opposition to the regime in Belarus persists, with the level of criminal prosecution remaining at an alarmingly high rate. The prospect of politically motivated criminal prosecution represents an imminent danger to all individuals who have engaged in protests or expressed criticism of the prevailing political circumstances in the country or of regime officials. Those who have voiced their opinions peacefully or supported protests are also at risk.

• Since the summer of 2020, the human rights community has identified 3,500 individuals as political prisoners, 627 of whom are women. As of August 31, 2024, there were 1,376 individuals recognized as incarcerated on political grounds in Belarus, including 177 women. In August, the human rights community declared 52 people as such. A further 22 former political prisoners were identified as requiring rehabilitation, due to the lack of prior awareness of their identities among human rights activists.

• The Viasna Human Rights Center has several members currently 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 Maksim Znak, Maria Kalesnikava, Viktar Babaryka, Mikalai Statkevich, Siarhei Tsikhanouski, Ihar Losik, and Uladzimir Kniha, who have been deprived of contact with the outside world for more than a year and are restricted in communicating with fellow inmates.

• In the four years since August 2020, Viasna has documented over 74,000 instances of repression, encompassing arbitrary detentions, searches, interrogations, and other forms of criminal and administrative prosecution.

• The arbitrary repression of citizens for exercising their civil rights persists. In August, Viasna received information about at least 152 cases of politically motivated repression resulting in criminal and administrative prosecutions, with at least 81 administrative cases being considered by courts.

• In August, the Viasna human rights activists presented a summary of the results of politically motivated criminal prosecutions that had occurred in July. A notable increase in the number of trials has been observed. Based on preliminary data, at least 170 individuals were convicted during July, comprising 134 males and 36 females. Almost half of the convictions were handed down in Minsk. More than half of those sentenced were convicted for taking part in protests in the year 2020 (Article 342 of the Criminal Code). At least 28 people were convicted in absentia.

• The authorities are continuing to expand the lists of individuals and organizations involved in extremist and terrorist activities, as well as the list of 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 Geneva, the Committee on the Rights of Persons with Disabilities examined the report of the Belarusian authorities on the implementation of the Convention on the Rights of Persons with Disabilities. The committee highlighted the prevalence of a medical rather than a human rights approach in Belarus, the closure of NGOs, the lack of inclusion of women with disabilities in decision-making processes, the stereotyping of persons with disabilities in the media, the transfer of Ukrainian children from territories temporarily occupied by Russia to Belarus, the situation of refugees on the border between Belarus and the EU, and the practice of non-renewal of Belarusian passports by diplomatic missions abroad. The Committee also observed that the deprivation of legal capacity in Belarus is in contravention of the Convention, that forced psychiatric treatment violates three articles of the Convention, that conditions in Belarusian prisons are not adapted for persons with disabilities, and that many representatives of civil society organizations were unable to attend the meeting due to their detention. The alternative report was presented by human rights defenders, who subsequently met with the Committee.

Politically motivated prosecution. Political prisoners

As of August 31, the total number of political prisoners in detention facilities was 1,376. The group included 177 women and at least 15 individuals with disabilities.

Over 2,100 individuals, including 450 women, have been released due to completing their sentence (1188), 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 3,500.

In the four years since August 2020, Viasna has documented over 74,000 instances of repression, encompassing arbitrary detentions, searches, interrogations, etc. In this period, the number of political prisoners has increased a whopping 55.5 times. On August 9, 2020, there were 25 such prisoners. There are at least 6,971 people who are known to be facing criminal charges. In addition, six political prisoners are known to have died in captivity: Aliaksandr Kulinich, Ihar Lednik, Vadzim Khrasko, Ales Pushkin, Mikalai Klimovich, and Vitold Ashurak.

Last month, human rights activists learned of the political imprisonment and recognized 52 people as political prisoners. These included 16 people arrested and detained for exercising their rights to freedom of peaceful assembly and expression (August 7 and August 29 statements); 24 people charged with defamation, incitement to hatred and discord, treason, and other offenses used to selectively and discriminatorily protect government officials, often in closed trials (August 21 and August 22 statements); and 12 people prosecuted for dissent under overly broad and vague extremism legislation (August 23 and August 30 statements).

The human rights community also called for the rehabilitation of 22 former political prisoners, whose identities were revealed to human rights activists following their release.

About 30 political prisoners are known to have been released after completing their prison sentences. This group includes Hleb Ramanau, Ihar Rudchyk, Maksim Razhkou, and Yauhen Kharashkevich. On August 16, a decree was signed granting amnesty to 30 political prisoners. The names of the eight political prisoners on release are yet unknown.

Political prisoner Yauhen Kladau was not released after serving his sentence because he was facing new charges.

Pressure continues on those who remain in detention. For example, Siarhei Ramanau, who had been held in a secure housing unit for six months until May 2024, was returned to segregation in June – for five more months. It is known that Andrzej Poczobut remains in a secure housing unit. Yauhen Afnahel, a European Belarus activist, was transferred to a high-security prison.

As a means of exerting pressure on political prisoners, the extension of their captivity is actively pursued through additional charges of persistent disobedience to prison administration (Art. 411 of the Criminal Code). In August, such charges were filed against Yury Ziankovich, and the trial of Viachaslau Maleichuk commenced. Additional sentences of one year in prison were imposed on Siarhei Dziatsuk, Siarhei Yafimau, and Tsimur Ryzapur. Yahor Ibrahimau was also convicted under this article (the outcome of the trial is not known).

Political prisoners Palina Sharenda-Panasiuk, Maria Kalesnikava, Viktar Babaryka, Uladzimir Hundar, Mikalai Statkevich, Siarhei Tsikhanouski, Maksim Znak, Ihar Losik, and Yauhen Afnahel are still being held incommunicado.

Furthermore, the families of political prisoners are subjected to politically motivated persecution. To illustrate, at least 126 individuals have been subjected to administrative prosecution for receiving humanitarian aid through the social initiative INeedHelpBY. Furthermore, more than 20 individuals are currently in custody on criminal charges for assisting political prisoners. Iryna Takarchuk, Alesia Siarhejenka, Alena Dzemianchuk and Nadzeya Leskavets were sentenced to imprisonment.

Natallia Malets was sentenced to imprisonment for sending commissary money to political prisoners.

Belarusians returning home from abroad continue to get detained. For example, Katsiaryna Bystrakova was arrested upon her return to the country for participating in the 2020 protests.

Persecution of human rights defenders

For more than three years, Viasna activists Maria Rabkova, Andrei Chapiuk, Ales Bialiatski, Valiantsin Stefanovic, and Uladzimir Labkovich have been imprisoned for their human rights activities.

Nasta Loika, a human rights defender from Human Constanta, has been imprisoned for one year and ten months for her human rights work.

At least seven defense lawyers are imprisoned on political grounds.

Torture and ill-treatment

It has been revealed that Maria Kalesnikava, a political prisoner whose relatives have been unable to contact her for an extended period, has experienced a significant loss of weight while in captivity. Based on reports from former prisoners, she now weighs approximately 45 kg and is 175 cm tall. She is restricted from receiving medical care.

It has been observed that special agencies are continuing to force detainees in politically motivated cases to record videos of confessions and apologies ("penitential videos") for subsequent publication in pro-government media.

Political prisoners continue to face pressure and arbitrary placement in punitive isolation cells for extended periods. This means remaining in solitary confinement in degraded conditions and a ban on correspondence or lawyer visits. Human rights activists became aware of the fact that the anarchist Mikalai Dziadok has been in a punishment cell since June. The human rights activist Andrei Chapiuk spent 10 days there, including the day of the planned family visit. Political prisoner Yahor Lebiadok was also punished with 10 days in segregation. Anarchist Ihar Alinevich, who was regularly placed in a punishment cell by the prison administration, went on a hunger strike in June, was admitted to a prison hospital over a stomach ulcer, but then returned to prison.

Former political prisoner Siarhei Monich told about the conditions of detention in the punishment cells in Mahilioŭ Prison No. 4. The poor quality of the food provided and the limited amount of commissary money allowed to spend on food leads to rapid weight loss and generally poor health. It is also noted that the punishment cell is very cold and has no heating.

Former political prisoner Viktar Pantsialeyeu provides an overview of the conditions of detention in the punishment cell at Remand Prison No. 7. The cell measures 1.5 meters by 1.5 meters and contains a toilet in the form of an unfenced hole in the floor, a folding bed, a small table, and a small stool.

Viktar Pantsialeyeu also outlines the conditions of prison escort to court, noting that deliberately inhumane treatment is applied specifically to political prisoners. All transfers are performed in the "swallow" position, with the hands secured behind an inmate’s back and twisted upward while their torso and head are lowered into a semi-bent position.

A woman detained while crossing the border described the conditions of detention for women in the temporary detention center in Brest: the cell is unhygienic and infested with bedbugs, and the toilet is a hole in the floor with no partition. No personal hygiene items were handed out. Meanwhile, women who were detained for failure to pay child support were issued mattresses for the night.

Lack of fair trial in politically motivated cases

By Decree No. 298, Aliaksandr Lukashenka appointed several judges to new positions or new five-year terms, including a large number of those involved in politically motivated prosecutions.

Judges Viachaslau Tuleika, Alena Ananich, Anatol Sotnikau, Ihar Shvedau, Tattsiana Shotsik, Vasil Skok, Stanislau Ivaniutsenka, Aliaksei Khlyshchankou, Ihar Ziamtsou, Volha Dubovich, Anton Dudal, Mikalai Serhiyevich, Andrei Mlechka, and prosecutor Iryna Padkavyrava were included in the new EU sanctions package.

Social activists and regime opponents continue to face trials in absentia. For example, on August 2, journalist Ales Kirkevich was sentenced in absentia to 7 years in prison for giving an interview to an independent media outlet that the authorities had declared an extremist formation.

Court hearings in politically motivated criminal cases continue to be unjustifiably held in closed session and in complete secrecy.

Violation of freedom of association

The mass forced liquidation of NGOs persists. The court is to consider the claims of the authorities to liquidate the International Public Association "Cultural Exchange," the Public Association "Sports Club BKHM," and the International Public Association "Alternative."

ProWomenBY, a non-profit organization, announced its closure due to pressure from authorities.

Anarchist Black Cross Belarus social media accounts have been declared extremist material.

The non-profit organization OEEC has been declared an extremist formation. The organization's employees may be held criminally liable.

The prosecution of pro-democratic political structures, public initiatives, and associations persists. On August 28, the trial of the individuals involved in the "Talent Pool for New Belarus" initiative commenced.

The persecution of neighborhood communities, which played a pivotal role in mobilizing for the 2020 protests, persists. We have been informed that another "neighborhood chat" administrator, Aliaksei Yaumenenkau, has been detained.

Individuals who provide financial support to public organizations and initiatives that are viewed as contrary to the interests of the government are still facing legal action for promoting extremist views.

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

It is of concern that criminal prosecutions for exercising the rights to freedom of peaceful assembly and freedom of expression continue unabated. There have been instances where individuals have been prosecuted en masse and have received severe penalties, including imprisonment.

On August 5, the Leninski District Court of Brest announced the sentences of eight participants in the August 10, 2020 protests. The individuals sentenced were Ivan Amreichyk, Vasil Niparko, Aliaksei Samoiluk, Anatol Zakurko, Ihar Sarokin, Siarhei Dzemidziuk, Mikita Yakhimovich, and Valiantsina Zhukouskaya. All individuals were charged under Part 1 of Article 342 of the Criminal Code, which pertains to "participation in group actions that grossly violate public order," and were subsequently sentenced to imprisonment.

The list of individuals subject to special proceedings is being expanded. The expression of opinion and participation in peaceful assemblies continue to be prosecuted and punished in absentia. In August, five such defendants were added to the list, bringing the total to 117.

On August 2, the Hrodna Kastryčnicki District Court found activist Katsiaryna Tumanava guilty under Part 1 of Articles 342 and 364 of the Criminal Code and sentenced her in absentia to two and a half years of imprisonment. 

A previously amnestied political prisoner (Amnesty Act in Honor of the Day of National Unity No. 220-Z of December 7, 2022) was also prosecuted. Thus, on August 14, 2024, the Court of Baranavičy District and Baranavičy City passed a guilty verdict and sentenced Piotr Zinevich to two years and six months of imprisonment for committing a crime under Article 342 of the Criminal Code. He allegedly participated in a protest on the night of August 9-10, 2020. On January 11, 2023, Zinevich was freed from punishment for committing a crime under Article 188 of the Criminal Code (slander) with the cancellation of the criminal record.

As the Mahilioŭ Viasna chapter reported, the Hlusk District Court has sentenced a 15-year-old schoolgirl to two years in a special educational institution for allegedly "intentionally insulting a policeman by making a video clip of an offensive nature, which was posted on the Internet, i.e. a crime under Article 369 of the Criminal Code."

As previously noted by the Viasna human rights activists, special closed educational institutions are places of deprivation of liberty. However, the process of depriving individuals of their liberty in these facilities does not meet the standards of due process, including the right to legal representation for defendants. This case concerns the arbitrary and politically motivated persecution of a minor.

Administrative prosecution

In August, Viasna was informed of no fewer than 152 instances of politically motivated repression resulting from criminal and administrative prosecution. Of these cases, 81 administrative cases were considered by courts. In 90% of cases, Article 19.11 of the Administrative Violations Code was invoked for the distribution of information materials deemed extremist by the authorities. Additionally, several cases were adjudicated under Article 24.23 of the Administrative Violations Code for "unauthorized picketing" and Article 24.15 for the use of "foreign gratuitous aid," which refers to material support for victims of political repression.

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.

Harassment of journalists and media workers

As of August 31, 35 journalists and media professionals have been incarcerated.

On August 19, the Hrodna Regional Court found journalist and human rights activist Uladzimir Khilmanovich guilty in absentia of "other assistance to extremist activities" (Part 1 of Article 361-4 of the Criminal Code), "repeated assistance to extremist activities", and "joining an extremist group with the intention of committing an extremist crime" (Part 3 of Article 361-1 of the Criminal Code).

For the totality of the crimes committed, the court has decided to cumulatively sentence Khilmanovich to five years of imprisonment and a fine of $12,250. The arbitrary prosecution was a direct result of Khilmanovich's human rights and journalistic activities.

On August 16, the decision was made to grant clemency to some political prisoners. On August 20, journalist Kseniya Lutskina, who had been sentenced to eight years in prison on arbitrary charges of conspiracy to seize power by unconstitutional means, was released by pardon.

The website of the regional independent media Orsha.eu has been recognized as an extremist formation. The founder of the outlet, human rights defender Ihar Kazmerchak, is under criminal investigation.

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

Legislation designed to combat extremism and terrorism is being employed by the Lukashenka regime as a means of politically motivated persecution of political opponents and dissidents, to impede their ability to exercise their civil and political rights.

In August, seven new items were added to the list of extremist formations. In a decision by the KGB, the Association of Political Prisoners of Belarus has been designated as an extremist formation.

In a decision dated August 15, the Ministry of Internal Affairs added the Polish non-governmental foundation Wolność i Demokracja (Freedom and Democracy) to the list of entities subject to restrictions. The foundation advocates for human rights, civil liberties, and freedom of speech in Belarus and other post-Soviet countries. An important area of the Foundation's activities is supporting Polish organizations in the post-Soviet space, mainly in Belarus, Ukraine, and Lithuania, but also in other countries around the world. The persecution of a foreign organization represents yet another episode of the anti-Polish policy of the Aliaksandr Lukashenka regime. Before that, the authorities took action to suppress and eradicate Polish national minority organizations, incarcerating their leaders and demolishing the graves of Armia Krajowa soldiers.

In August, the Russian Orthodox Church – Tsarist Empire, a religious community of Russian origin, was designated as an extremist formation by the Ministry of Internal Affairs. The Ministry cited the group's "gross distortion" of Orthodox Church doctrines and practices, its opposition to other religious organizations and society at large, and its promotion of discord among Belarusian citizens. It is important to note that these allegations cannot, in and of themselves, serve as grounds for restricting freedom of conscience. The freedom to manifest religion or belief is subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, and morals, as well as the fundamental rights and freedoms of others. It is not reasonable to prosecute individuals for engaging in religious activities. Such actions are an infringement on an individual's right to freedom of conscience.

In August, 92 individuals were added to the List of Citizens of the Republic of Belarus, Foreign Nationals, and Stateless Persons Engaged in Extremist Activities. The oldest individual on the list is over 75 years old, while the youngest were convicted of participating in street protests and subsequently included on the List as minors.

In accordance with 112 court decisions, the Republican List of Extremist Materials has been updated to include Telegram, YouTube and TikTok channels, social media pages, and other sources and media identified as extremist.

In particular, several books by historian and political prisoner Ihar Melnikau are declared extremist materials. Melnikau is charged with promoting extremist activity under Article 361-4 of the Criminal Code.

Those engaging in activities that have been arbitrarily labeled as extremist are subject to criminal prosecution and arbitrary imprisonment.

For example, a Belarusian woman was extorted for a huge ransom under threat of prosecution for making several donations to protest initiatives. Before the disbursement of the "compensation," which amounted to a significant multiple of the donations (up to several thousand euros), the woman was held in a detention center under conditions that were akin to torture.

On July 25, Brest Regional Court handed down a two-year prison sentence to 63-year-old table tennis coach Yury Lahadziuk, according to a report from the Viasna Brest chapter. He was found guilty under Part 1 of Article 361-4 of the Criminal Code for "promoting extremist activity". The gravamen remained unknown to human rights activists. The sentence was handed down by Judge Andrei Siz.

On August 19, the Hrodna Regional Court commenced proceedings in the criminal case against 68-year-old Brest resident Natallia Zhyhar. She is charged under Part 1 and Part 2 of Article 361-4 of the Criminal Code (promoting extremist activity). The case is being considered by Judge Valer Ramanouski.

The Brest chapter of Viasna reports that the case is connected to the support of individuals detained in remand centers on political grounds.

Iryna Pahadayeva and Natallia Malets were imprisoned under the same article in the last few months.