Torn balaclava, scratches, comments: more than 300 people convicted of "violence" and "resistance" to police
More than 3,270 people were convicted for participating in protests against the falsified election results in 2020. They were convicted under articles 342 (active participation in actions grossly violating public order), 342-2 (repeated violation of the procedure for organizing or holding mass events), and 293 (mass riots) of the Criminal Code. The protesters were also tried under Articles 363 (resistance to an employee of the internal affairs bodies or another person protecting public order) and 364 (violence or threat of violence against an employee of the internal affairs bodies). of the Criminal Code. In total, at least 307 people were convicted under these articles. The first political prisoners of Belarus persecuted for participating in protest actions in 2020 were convicted precisely for "resisting" riot police. Viasna reports on protesters convicted under "violent" articles, recalls the stories of some of them, and human rights activist Pavel Sapelka explains why they are recognized as political prisoners.
The first people convicted of "resistance" and "violence" against police officers.
- Detentions on July 14, 2020. Photo: spring96.org
Those detained during the first mass protests — on July 14, 2020 — were charged under Article 363 (resisting an employee of the internal affairs bodies) or Article 364 (violence or threat of violence against an employee of the internal affairs bodies) of the Criminal Code. On the evening of July 14, Belarusians across the country joined spontaneous demonstrations to protest against the non-registration of Viktar Babaryka and Valer Tsapkala as presidential candidates. Violent clashes with security forces took place in some cities. According to Viasna, on July 14, 2020, at least 330 people were detained in Minsk. For these events, Anton Lakishyk, Hleb Hatouka, Yauhen Kalinouski, Illia Turkou, Uladzislau Ustsin, Illia Fren, and others were sentenced to from three to four years in penal colonies under "violent" articles.
The first protesters recognized by the human rights community as political prisoners were convicted under Part 2 of Article 363 of the Criminal Code. Pavel Piaskou and Uladzislau Yeustsihneyeu, residents of Maladzečna, were sentenced at the end of September 2020 for "resisting riot police officers with violence" during a scuffle with security forces at a protest on June 19, where a riot policeman pulled out a gun.
- Pavel Piaskou. Photo: spring96.org
Who else was tried for "resistance" and "violence"?
In total, under Article 363 (resistance to an employee of the internal affairs bodies or another person protecting public order) and 364 (violence or threat of violence against an employee of the internal affairs bodies) of the Criminal Code, at least 307 people have been convicted for political reasons since 2020.
Uladzimir Kniha and Yauhen Raznichenka were convicted for "violence" in relation to Officer Kazlouski, who fell at a signature collection event in support of Sviatlana Tsikhanouskaya.
Under Article Vitold Ashurak, a well-known activist from Biarozaŭka, who died in a penal colony, was also convicted under Article 364 of the Criminal Code, "violence or threat of violence against an employee of the internal affairs bodies."
- Vitold Ashurak. Archive photo
Natalia Khershe from Switzerland was also sentenced to two and a half years in a penal colony for "resistance". She was accused of allegedly "disobeying the officers' demand to enter a special vehicle, tried to escape, and when her actions were stopped by a riot police officer Siarhei Konchyk, she resisted: she struggled and pushed back, grabbed Konchyk by his face and scratched it, pulling off his balaclava." On February 18, 2022, after 17 months of imprisonment, Natallia Khershe was released on a pardon with the help of the Swiss Confederation.
- Natallia Khershe during her detention in 2020
Stsiapan Latypau, a resident of the Change Square, was tried for "resistance" under Article 363 of the Criminal Code. According to the materials of the criminal case, on September 15, 2020, during his arrest, he allegedly "actively resisted four police officers, which involved the use of violence."
- Stsiapan Latypau during his arrest on September 15, 2020. Photo: TUT.BY
Ruslan Akostka, a former paratrooper from the Salihorsk region, was also convicted of "resisting" arrest. He was sentenced to three years in a penal colony.
Ruslan Akostka: "What is happening in the Belarusian penal colonies is torture"
Palina Sharenda-Panasiuk was convicted under Article 364 of the Criminal Code for scratching one of the policemen who came with a search. Mikita Zalatarou, a minor, was convicted of using Molotov cocktails at a protest in Homeĺ.
Dzmitry Hopta, who has a mental disability, was also sentenced to two years in a penal colony for throwing a stone into a crowd of policemen at a protest on August 9, 2020, in Žlobin. He served his entire sentence and left Belarus.
Henadz Shutau, who was killed in Brest, posthumously, and his friend Aliaksandr Kardziukou were tried for "resistance."
Commentators are also tried in Belarus under Article 364 of the Criminal Code for "threatening violence" against police officers. Thus, Iryna Alabovich, Aliaksei Haloukin, Veranika Kazak, Ruslan Sadounichy, Aliaksandr Tsialeha, and others were tried under this article for comments. Eight people were convicted in absentia for comments and statements on the Internet under this article. Among them are Zhanna Zakharkevich, Ihar Parunkevich, Ilona Rudenia,and Nadzeya Stsiapantsova.
Why are those convicted under "violent" articles recognized as political prisoners?
Viasna human rights activist Pavel Sapelka explains:
"The peaceful protests of 2020 in Belarus became the reason for the arbitrary persecution and conviction of thousands of participants in protests and demonstrations by the Lukashenka regime. Those who resisted in response to the unlawful use of force by law enforcement officers were prosecuted under articles 363 and 364 of the Criminal Code. This is one of the forms of persecution of participants in peaceful assemblies. When human rights activists determined that the actions of the accused were forced and carried out as a response, especially when the charges were false, such defendants were recognized as political prisoners after being imprisoned."
More than 3,270 people were convicted for participating in protests against the falsified election results in 2020
