Risks of return: criminal cases and detentions at the Belarusian border
According to Viasna, since the beginning of 2024, more than 55 people have been detained upon their return to Belarus, 17 of whom have been prosecuted. At the same time, the figure may be significantly higher due to human rights defenders not having complete data. Both Belarusians and citizens of other countries, most of whom are Ukrainians, go through special inspection at the border. Subscriptions to independent media, saved photos from protests on your phone or social media, national symbols and even stamps in your passport confirming visits to Ukraine can become a reason for interrogation or detention. If a person is in the BESporiadki database, containing the data of all detainees after the start of the protests in 2020, then there may be no obvious grounds. People are interrogated, their phones are checked, some are handcuffed right on the bus, and others are visited a few days later. Viasna provides up-to-date information about the persecution of people who return to Belarus from abroad.
Human rights activists remind that if you participated in post-election protests, donated to Belarusian initiatives or organizations, left comments on the Internet, supported political prisoners with parcels or money, then it is dangerous to return to Belarus.
- Illustration: fernandocobelo.com
Detentions and interrogations
Since the beginning of 2024, more than 55 people have been detained while crossing the Belarusian border, according to estimates of Viasna human rights activists, half of them were prosecuted under administrative articles. But note that this figure may be much higher due to the lack of complete data.
The reason for the persecution may be photos from protests in 2020, donations, comments on social media, "extremist" reposts, photos with white-red-white symbols that are found on phones and social media, photos from solidarity actions abroad. Security forces find these on social media when checking phones at the border. Those who are included in the BESporiadki database which has the data of all detainees after the start of the protests in 2020 go through interrogations.
At the same time, in addition to detentions, those who enter the country are interrogated every day. Human rights activists know that customs officers or the KGB also pay attention to stamps confirming visits to Ukraine in the passport. It is also known that thorough checks of all Ukrainians crossing the Belarusian border are continuing. Eyewitnesses say that they can take more than six hours if there are several Ukrainian citizens on the bus. Some who say they are going to Russia are forced to buy a plane ticket from Minsk right at the border.
Checks and detentions are carried out at all working checkpoints with the European Union, including at the border with Russia. Security forces disembark Belarusians from regular buses, meet them at bus or railway stations, or come to their homes after their return. If the detention takes place right at the checkpoint, then the person is usually placed in the nearest police department before the trial, where a report is drawn up against them.
Administrative prosecution
The trials of people detained on the border of Belarus with the EU countries are held monthly. Most cases are handled in the Voraŭnaski District Court and the Leninski District Court of Brest. Most often, people are fined heavily, and some are detained for several days. Reports are usually drawn up for the "dissemination of extremist materials."
For example, the father of a minor child was convicted in Voranava on May 3. He was found guilty under Article 19.11 of the Administrative Code and was fined 1,200 rubles (more than 330 euros).
Pay attention! Human rights activists remind that persecution in Belarus have been taking place daily for three and a half years. If you have been socially and politically active since 2020 to this day: you took part in protests in Belarus and abroad, left comments on social media, donated to support victims in Belarus or Ukraine, were active in a neighbourhood chat, which you left a long time ago, once posted on Facebook a new music video of your favourite Belarusian band whose songs have been recognized as extremist, the risks of persecution upon return to Belarus are very high. Please take care of your safety, and also do not forget about your relatives and friends whose messages or photos from the protests can be found on your phone.
Who is held held in custody?
Siarhei Bely
The 51-year-old man born in Ukrainian Kherson has lived in Belarus almost all his life, Nasha Niva writes. Siarhei has two minor children.
The man was detained in February 2023. In the "repentant" video, he says that he left comments on Telegram and "registered in the Plan Peramoha chatbot." He was convicted for the first time in October 2023 for "inciting other social hatred" (Part 1 of Article 130 of the Criminal Code).
Siarhei's next trial will begin on September 27 at the Minsk City Court. He is charged under 4 articles: "participation in an extremist formation" (Part 3 of Article 361-1 of the Criminal Code), "inciting other social hatred" (Part 1 of Article 130 of the Criminal Code), "insulting a representative of the authorities" (Article 369 of the Criminal Code) and "insulting Lukashenka" (Part 1 of Article 368 of the Criminal Code). Siarhei faces up to five years in a penal colony in addition to the previous term. The case will be handled by judge Mikhail Makarevich.
Place of detention: SIZO-1. 223016, Navadvorski selsavet, 143/4, v. Pashkovichy, Minsk rajon, Minsk voblast
Maksim Khvashchynski
A resident of Babrujsk was detained on February 26, the day after returning from Poland.
First, he was convicted under administrative Article 19.11 (distribution of extremist materials), and then a criminal case was initiated under Part 1 and Part 2 of Articles 361-1 of the Criminal Code (creation of an extremist formation): allegedly, Maksim was involved in the creation of the extremist formation Babrujsk 375, as well as the extremist Telegram chat Bobr 97%. In addition, he is accused of "slandering Lukashenka" (Article 367 of the Criminal Code). The case of the political prisoner will be heard on September 18 by the Mahilioŭ Regional Court. The judge is Ihar Shvedau.
Place of detention: Prison No. 4. 212011, Mahiliou, vul. Krupskaj, 99A
Aliaksandr Kamlionak
Aliaksandr is a resident of Orša. He was detained in February when he returned to Belarus from work. Previously, Aliaksandr worked at a locomotive depot, but after 2020 he was either fired or quit himself: it is likely that his dismissal was politically motivated. After that, Kamlionak worked as a trucker in Western countries. And when he returned home from work, he was detained.
Aliaksandr's case was heard in the Viciebsk Regional Court on August 14. The 42-year-old Orša resident was convicted under two criminal articles: Part 1 of Article 368 of the Criminal Code (insulting Lukashenka) and Part 1 of Article 361-2 of the Criminal Code (financing the activities of an extremist formation). The trial was handled by judge Yauhen Burunou.
The Verkhniadzvinski District Court recognized Aliaksandr's page on Odnoklassniki as "extremist".
Place of detention: SIZO-2. 210026, Viciebsk, vul. Gagaryna, 2
Natallia Levaya
The woman lived in Poland for a while and worked as a 2D artist and production designer. She probably left for Poland after the outbreak of the invasion. In December 2023, Natallia quit and decided to return to her homeland. Colleagues dissuaded the woman from returning home, but she said that she misses her homeland very much and had already paid much more than the sum of her donations in 2020 and had a paper from the KGB. As a result, Natallia was detained at the border.
On July 17, 2024, in the Brest Regional Court, Natallia was sentenced to six years in a penal colony and a fine of 40,000 rubles (more than 11,000 euros), almost the amount that Natallia had donated to initiatives and funds. The trial was held behind closed doors.
Place of detention: SIZO-6. 225413, Baranavichy, vul. Brest, 258B
Katsiaryna Mendryk
On September 9, 2024, 26-year-old Katsiaryna Mendryk was tried in the Hrodna Regional Court. She is charged under Part 1 and Part 2 of Articles 361-4 of the Criminal Code (promotion of extremist activity). The trial is being handled by judge Ruslan Huryn.
Katsiaryna was detained on January 28 after returning from Poland to Belarus. The reason for the persecution was the support for political prisoners: the woman made money transfers and sent parcels.
According to information on social media, she was born in Lida, but moved to Hrodna as a child. Katsiaryna studied at the University of Warsaw and lived in Poland for a long time.
Place of detention: Prison No. 1. 230023, Grodna, vul. Kirava, 1
Natallia Kruk
Natalia was detained for comments on August 7, 2023, after returning from Poland. Then the security forces published a video where she refuses to answer questions from propagandist Azarenka when he talks to the woman in the office of the Main Directorate for Combating Organized Crime and Corruption.
The woman was charged under two articles of the Criminal Code: Part 3 of Article 361 of the Criminal Code (calls for sanctions) and Article 342 of the Criminal Code (active participation in group events that grossly violate public order). In May 2024, Natallia's case was heard in the Minsk City Court. The judge is Zhanna Brysina. The result of the trial is still unknown.
On August 9, the Supreme Court heard the woman's appeal. The decision was made by a judicial panel chaired by judge Edhar Martsirasian.
Place of detention: Penal colony No. 4. 246035, Gomiel, vul. Antoshkina, 3
Neli Alfiorava
Neli is a craftswoman, artist, and writer from Polack. A year ago, the Zviazda TV channel broadcast videos with Neli Alfiorava, who decided to leave Belarus at the end of 2021. The woman and her son went to Poland. In the videos, she talked about the problems she had to face in emigration. The woman soon returned to Belarus. On June 18, the woman was sentenced in the Court of the Polack District and Polack under Article 369 of the Criminal Code (insulting a representative of the authorities). She was tried behind closed doors as "a person who committed a socially dangerous act." On July 19, her last name appeared on the "extremist list of the Ministry of Internal Affairs". Probably, the reason for the criminal case was Neli's messages on social media. The trial was handled by Uladzimir Biasetski.
The woman's last posts on social media are dated early February of this year.
Human rights activists are finding out who is taking care of her minor son, who has a disability.
At least 207 detained upon return to Belarus: current statistics from Viasna for 2023
