Human rights situation in Belarus. September 2024

Summary:

• The prevailing climate of politically motivated repression has a significant impact on the human rights and fundamental freedoms situation in Belarus. As previously noted, there is a continued risk of politically motivated criminal prosecution for those who have participated in protests, expressed views on the political situation in the country or regarding regime officials, or who have provided support to protest-related organizations.

• Since the summer of 2020, the human rights community has identified 3,531 individuals as political prisoners, 627 of whom are women. As of September 2024, Belarus had 1,317 political prisoners, including 169 women. The human rights community recognized 46 people as political prisoners during that month. A further 19 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, and Ihar Losik, who have been deprived of contact with the outside world for more than a year and are restricted in communicating with fellow inmates.

• The arbitrary repression of citizens for exercising their civil rights persists. In September, Viasna received information about at least 429 cases of politically motivated repression resulting in criminal and administrative prosecutions, with at least 176 administrative cases being considered by courts.

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

• In the context of the 57th session of the UN Human Rights Council, an interactive dialogue was held with a group of independent experts on the human rights situation in Belarus (following HRC Resolution 55/27). Viasna provided an overview of the discussions held by independent experts, the Belarusian delegation, and human rights activists, as well as the support received from various states.

• On September 30, the Government of Lithuania formally submitted a referral to the Office of the Prosecutor of the International Criminal Court in The Hague concerning the alleged perpetration of cross-border crimes against humanity against Belarusians by representatives of the Lukashenka regime. Prosecutor Karim Ahmad Khan stated that his office will conduct a preliminary inquiry to examine the referral under the ICC’s jurisdiction and determine, based on statutory requirements, whether there are reasonable grounds to initiate an investigation.

• 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.

Politically motivated prosecution. Political prisoners

As of the end of September, the total number of political prisoners in detention centers was 1,317, including 169 women. 

Over 2,214 individuals, including 477 women, have been released due to completing their sentence (1,230 individuals), 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 over 3,500.

It is estimated that there are at least 5,947 political convicts, both imprisoned or punished otherwise, according to human rights activists. However, the actual number is likely higher, as the authorities have been known to conceal the true scale of persecution.

In September, the human rights community recognized 46 people as political prisoners. It also called for the rehabilitation of 19 former political prisoners, whose identities were revealed to human rights activists following their release.

On September 4, it was announced that 30 political prisoners convicted for protest activities were released under Presidential Edict No. 343 on Pardoning Convicts. This group reportedly included 7 women and 23 men. Contrary to law, the cases of pardoned political prisoners were reviewed by the “re-admittance commission” for exiled Belarusians, which is headed by Prosecutor General Andrei Shved.

On September 16, it was announced that 37 additional political prisoners, convicted on protest-related charges, had been released by presidential edict. The group included six women, as well as individuals with chronic illnesses, disabilities, and retirees.

The total known number of political prisoners released by pardon in 2024 is 115. Furthermore, five Ukrainian political prisoners were released in a war prisoner exchange facilitated by the Russian Federation authorities.

There is a continued risk of pressure being applied to political prisoners while they are in detention. As a means of exerting pressure on political prisoners, the extension of their prison terms is actively pursued through additional charges of persistent disobedience to the prison administration (Article 411 of the Criminal Code).

In September, the Pieršamajski District Court of Minsk considered another criminal case against political prisoner Dzmitry Dashkevich. The activist has been charged under Article 342 of the Criminal Code (active participation in group actions that grossly violate public order) and part 1 of Article 411 of the Criminal Code (persistent disobedience to prison administration). It is noteworthy that the “disobedience” charge was incorporated during the proceedings pertaining to Article 342 of the Criminal Code. Consequently, Judge Anastasia Kulik ruled him guilty and imposed a sentence of one year and three months of imprisonment.

It was revealed last month that Viktar Snehur, a defendant in the “Autukhovich case” and a political prisoner, had been convicted under part 2 of Article 411 of the Criminal Code. The precise date of the trial and the court’s decision remain undisclosed. On October 11, 2024, Minsk Regional Court will consider the appeal against the verdict. The trial will be overseen by Judge Aleh Lapeka. 

Political prisoner Maksim Matyrka was convicted under Article 411 of the Criminal Code for “persistent disobedience to prison administration.” He was transferred to Horki Correctional Facility No. 9 to serve his sentence. The Horki District Court considered the case of Maksim’s transfer to a high-security prison on September 10. Judge Alena Shliakhtsitsava presided over the trial.

A new criminal case was opened against political prisoner Siarhei Ramanau. According to the “Right to Revolt” Telegram channel, on September 25, the political prisoner was found guilty under Part 2 of Article 411 of the Criminal Code, and two more years of imprisonment were added to his original term. Importantly, in March 2023, Ramanau had already been incarcerated for 11 months under the aforementioned article. Siarhei, who was released from the Secure Housing Unit in May after a six-month stay, was transferred back to the facility in July for a five-month period. There has been no communication from the political prisoner for over a month.

The trial of political prisoner Tamaz Pipiya commenced on September 5 in Navapolack. He was charged under part 2 of Article 411 of the Criminal Code. The judge, Tatsiana Khrypach, handed down a sentence of one year and six months in prison, in addition to the five-year term previously imposed.

In September, the investigation pertaining to the third case under Article 411 of the Criminal Code against Palina Sharenda-Panasiuk was concluded. It has been confirmed that the woman was transferred from the temporary detention center in Rečyca to the pre-trial detention center in Homieĺ. When relatives called the facility to inquire about the health of the political prisoner and the possibility of sending a care package, they were informed that Palina had been placed in a disciplinary cell for ten days, according to a report from the Brest Viasna chapter. Her woman is scheduled to begin on October 14.

Political prisoner Mikalai Dziadok, sentenced to five years in prison, was due to be released from prison on April 25, 2025, but a new criminal case under Part 1 Article 411 of the Criminal Code was opened against him.

On September 27, the Leninski District Court of Mahilioŭ held a hearing on the criminal case against political prisoner Raman Marusau, who had been previously transferred to a high-security prison. The case was considered under part 2 of Article 411 of the Criminal Code. The trial was held by Judge Tatsiana Rakhmanenka, but the verdict is still unknown.

In total, according to human rights defenders, at least 86 political prisoners have been transferred to high-security prisons as of September 11, 2024, and new criminal cases under Article 411 of the Criminal Code have been filed against another 51. A minimum of 137 political prisoners have been subjected to more stringent detention conditions for violating the internal regulations of penitentiaries. Viasna reported on the methods of punishment used by correctional facility administrations against political prisoners and how one becomes a “persistent violator of the prison routine.”

The families of political prisoners, as well as individuals who have assisted such prisoners, are subjected to politically motivated persecution. The primary motivation behind the surge in searches, interrogations, and detentions on January 23, 2024, was the assertion by intelligence agencies that they were assisting the families of political prisoners with food parcels through the INeedHelpBY initiative. Most of those who have been persecuted are women and relatives of political prisoners. Some of the individuals were administratively punished for “using foreign aid to carry out extremist activities” under Article 24.15 of the Administrative Violations Code. Additionally, several dozen individuals were prosecuted for “promoting extremist activities.” Viasna knows of approximately 30 individuals who are currently remanded in this case. In September, at least 16 women were tried for solidarity with political prisoners. The defendants stand accused of “promoting extremist activity” under part 1 and part 2 of Article 361-4 of the Criminal Code. After a period of seven months, Viasna revealed the outcome of the January raid and the prosecution for solidarity with political prisoners.

Belarusians returning to Belarus from abroad continue to get detained. According to data available to Viasna, at least 55 individuals have been detained upon returning to Belarus since the beginning of 2024, with criminal charges filed against 17 of them. It should be noted that the figure may be significantly higher than indicated due to the lack of complete data.

On September 20, the Leninski District Court of Mahilioŭ handed down a sentence under part 1 of Article 342 of the Criminal Code against Leu Iuchyn. The court imposed a two-year home confinement sentence and a $367 fine. Leu was detained on his return from abroad.

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

For the fourth time this year, Ales Bialiatski celebrated his birthday in prison. A solidarity action was held near the Embassy of the Republic of Belarus in Vilnius on September 25 to mark the 62nd anniversary of the human rights defender. On the occasion of his birthday, several international and Belarusian organizations from a variety of sectors, along with public activists, politicians, and journalists, extended their best wishes.

Nasta Loika, a Human Constanta activist, is currently in custody as a result of her human rights work. It has been reported that in late September, Nasta was transferred from the Homieĺ Correctional Facility to the Minsk Remand Center No. 1 to participate in the trial of activists accused of political crimes.

Four years ago, on September 17, 2020, Marfa Rabkova, a political prisoner, human rights defender, and Viasna member, was arbitrarily detained. To this day, she is unlawfully incarcerated. On the fourth anniversary of her detention, the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) and Viasna reiterated their call for her immediate and unconditional release, as well as for the release of the other four detained members of Viasna and all human rights defenders arbitrarily deprived of their liberty in Belarus.

On September 30, the Homieĺ Regional Court commenced proceedings against human rights activist Alena Maslukova, a Viasna representative. She is facing charges under part 1 and part 2 of Article 361-4 of the Criminal Code (promoting extremist activity). However, the precise nature of the allegations remains unclear, even to the human rights activist herself. The case is being considered in camera and in absentia by Judge Siarhei Bahinski.

At least seven defense lawyers are imprisoned on political grounds.

Torture and ill-treatment

Political prisoner Ihar Alinevich has been placed in a punishment cell once again. This means he is being detained in inhumane conditions with no communication with the outside world. He was on a hunger strike and ended up in the hospital during his last stint in the punishment cell.

Maria Kalesnikava, a political prisoner who was hospitalized while at the correctional facility a year ago for surgery, is in a critical condition. 175 cm tall, Maria now weighs just 45 kg and is underweight and malnourished due to the lack of appropriate dietary conditions in the facility.

In July 2024, it came to light that Palina Sharenda-Panasiuk was afflicted with “moderate chronic pancreatitis,” a highly dangerous ailment that presents significant challenges in terms of treatment, particularly within the constraints of a prison environment. The relatives were informed of the diagnosis by the official response of the administration of Correctional Facility No. 24, where the woman had recently served her sentence. In September, Andrei Sharenda, the husband of a political prisoner stated the significant decline in Palina’s health. She is experiencing acute abdominal discomfort, yet there has been no provision of medical care beyond the administration of analgesics.

Newly released photos and videos of Yury Ziankovich, who has been imprisoned for two years, show the political prisoner to be in a severely malnourished and exhausted state.

Kiryl Ivanou, who has epilepsy, provided details of his traumatic experience during his detention in the fall of 2023. He was subjected to physical abuse, including beatings and the use of a stun gun.

Aliaksei Kireyeu, a former political prisoner who has completed his sentence, has revealed the consequences of his time in Correctional Facility No. 15, which he described as inhumane. He lost 15 kilograms in weight and suffered a loss of vision in one eye.

Political prisoner Yahor Eustratau, who has completed his prison sentence, provided a detailed account of the harsh conditions of his detention.

“During the arrest, officers from the anti-terror unit utilized pump-action shotguns with rubber pellets. The majority of the shots were directed at me, but I am aware that they also struck other individuals. I needed to get medical attention, so they took me to the hospital before transferring me to the detention center”;

“We were lying on the ground and every so often they would come up to look at us. It was all a bit like a spectacle for them. Some had bleeding on their arms, others elsewhere... Then we got pepper sprayed in the face. Then someone came in who looked like the head of the operation. He went around and named four men. They were picked up and taken somewhere. Actually, they were the undercover police officers.”

He described the inhumane conditions in Remand Center No. 1:

“There are 12 beds, and there were 14 of us in the cell. Two were up at night, but then they could catch up on sleep during the day.”

Regarding the punishment cell in Correctional Facility No. 1:

“The punishment cell is an individual destruction weapon in the facility. All conditions are created to undermine human health. If someone was beaten in the facility, it necessarily took place in the punishment cell, away from the eyes of hundreds of convicts.”

Another former political prisoner recounted his experience of being detained during a peaceful demonstration in October 2020. He sustained a head injury as a result of the disproportionate use of force by riot police.

A former political prisoner who served a sentence at the Babrujsk Correctional Facility No. 2 described the conditions in the punishment cell and Secure Housing Unit as follows:

“The environment is consistently damp and cold. It makes sleeping at night impossible, especially during the offseason. You’re bracing yourself for sleepless nights in segregation. You can’t sleep during the day either, because they’ve installed video cameras everywhere. The offseason is hell. Inevitably, your health is ruined, because everyone gets sick there: fever, hemorrhoids. People don’t come out of there healthy because it’s cold and drafty.”

Violation of freedom of association

On September 16, the KGB recognized the Belarusian National Youth Council (RADA) as an extremist formation. Allegedly, the association “carries out extremist activities from abroad and represents an umbrella organization uniting more than 30 youth organizations and initiatives working on Belarusian issues.” This places all those engaged in legitimate activities on behalf of the youth organization at risk of criminal prosecution.

The mass forced termination of NPOs continues. According to Lawtrend, losses in the public sector of Belarus, starting from the post-election period of 2020, have amounted to at least 1,777 institutionalized forms of non-profit organizations (public associations, trade unions, political parties, foundations, non-state institutions, associations, religious organizations).

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

There were no signs of slowing down in the number of criminal prosecutions for exercising the rights to freedom of peaceful assembly and freedom of expression. In September, courts continued to impose sentences under Article 342 of the Criminal Code for participation in post-election protests.

Viasna is aware of at least 28 individuals who have been prosecuted for actively participating in actions that grossly violate public order (Article 342 of the Criminal Code).

On September 12, the Brest District Court handed down sentences of restriction of freedom and imprisonment to 11 individuals for their participation in the August 10, 2020 protest.

Whole families are prosecuted. The Leninski District Court of Brest has handed down a prison sentence to Hanna and Henadz Vasiliuk for their participation in the protests on August 10, 2020. At the time of sentencing, Henadz was incarcerated for committing a crime under Article 367 of the Criminal Code (libel against Lukashenka).  

On September 5, the Biaroza District Court announced the second recent sentence for participation in the protest on the night of August 10-11, 2024 in the city. Four individuals — Mikalai Kulak, Ihar Yaumenau (Kulia), Andrei Rybakou, and Viktar Daniliuk — were sentenced to one and a half years in prison each under Part 1 of Article 342 of the Criminal Code (active participation in actions that grossly violate public order). The case was considered by Judge Ludmila Rudzina. This information was provided in the Brest Viasna chapter.

Administrative persecution

In September, Viasna received information regarding 429 cases of politically motivated repression resulting from criminal and administrative persecution. Of these cases, 176 were considered by courts. 130 cases were considered under Article 19.11 of the Administrative Violations Code (for dissemination of information materials designated by the authorities as extremist).

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 September 30, 33 journalists and media professionals have been incarcerated.

On September 3, Alena Tsimashchuk, a journalist previously employed by Green Portal, Brestskaya Gazeta, and Brestskiy Vestnik, was included in the List of Organizations and Individuals Involved in Terrorist Activities. She was charged with “discrediting Belarus” (Article 369-1 of the Criminal Code), “inciting other social discord or enmity” (Part 3 of Article 130 of the Criminal Code), and being a member of an “extremist formation” (Part 3 of Article 361-1 of the Criminal Code). On June 3, 2024, the Brest Regional Court found her guilty and imposed a total sentence of five years of imprisonment and a fine of $14,000. The case was considered by Judge Dzmitry Karasinski.

On September 16, Andrei Tolchyn, who was sentenced on March 21, 2024 to 2 years and 6 months imprisonment on charges of libeling the President of the Republic of Belarus (Article 367 of the Criminal Code) and promoting extremist activities (Article 361-4 of the Criminal Code), was released on pardon.

On September 26, the Pinsk City and District Court commenced proceedings in the criminal case against Yauhen Nikalayevich, who is accused of committing a crime under part 1 of Article 342 of the Criminal Code. Yauhen was previously arrested on August 10, 2020, while performing his professional duties. On the day of detention, he was physically assaulted by police officers in the restroom of the Pinsk City Executive Committee building and the police wagon.

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 September, two items were added to the List of Extremist Formations. Over the course of three years, a total of 239 relevant decisions were made by the KGB and the Interior Ministry (the first decision dating back to September 21, 2021).

In September, 101 individuals, including 22 women, were added to the List of Citizens of the Republic of Belarus, Foreign Nationals or Stateless Persons Involved in Extremist Activities. There are currently a total of 4,476 names on the List.

Following 87 court decisions, the Republican List of Extremist Materials has been updated to include Telegram channels, YouTube and TikTok channels, social media pages, and other sources and media identified as extremist.

Furthermore, the Supreme Court of Belarus designated the Kastus Kalinouski Regiment as a “terrorist organization” last month. The decision in question was made following a referral of Prosecutor General Andrei Shved.