The statement on the recognition of 14 people as political prisoners

Statement by the human rights community of Belarus

February 25, 2025

We, representatives of the human rights community of Belarus, again note that criminal liability for "inciting other social hatred or hostility" (Article 130 of the Criminal Code) has been selectively and discriminatorily applied by both the investigators and courts only to protect the state bodies. Moreover, it seems unreasonable to label government officials, police officers, military personnel, etc., as separate social groups under protection in this context.

We insist that it is unacceptable to apply a law aimed to protect government officials, law enforcement officers, and judges from threats in connection with the lawful performance of their duties to punish those citizens who have spoken out in connection with the clear violation of the Constitution and law by state institutions, the involvement of government officials, prosecutors and judges in torture and in creating a climate of impunity for torture and other human rights violations, often showing signs of crimes against humanity.

According to the International Covenant on Civil and Political Rights, in the determination of any criminal charge against him, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. All or part of the public may be excluded from a trial for reasons of morals, public order, or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. In the absence of such exceptional circumstances, the proceedings should be open to the general public, including representatives of the media, and should not, for example, be limited to a certain category of persons. Even in cases where the public is denied access to the hearing, the court decision, including the main conclusions, evidence, and legal arguments, should be made public. The court did not fulfill these requirements in the case of the persons mentioned, which could determine the attitude of human rights defenders to the hearing results.

We are aware of the conviction of:

• Viktar Sauchyts under articles 361, 369, 368, and 130 of the Criminal Code on charges of calling for actions aimed at harming the national security of the Republic of Belarus, insulting a government official, insulting A. Lukashenka, inciting other social hatred or hostility; he was sentenced to six years of imprisonment in a penal colony;

• Aliaksei Horyn under Article 130 of the Criminal Code on the charge of inciting hatred or hostility; he was sentenced to imprisonment in a penal colony;

• Siarhei Kaburneyeu under articles 368 and 295 of the Criminal Code in a closed court hearing on charges of insulting A. Lukashenka and illegal actions with weapons; he was sentenced to three years of imprisonment in a penal colony;

• Leanid Tserabei under articles 370, 130, 342, 367, and 368 of the Criminal Code on charges of desecrating state symbols, inciting other social hatred, organizing and preparing actions that grossly violate public order, or actively participating in them, slandering A. Lukashenka and insulting him; he was sentenced to three years of imprisonment in a penal colony;

• Uladzimir Makhnach under articles 130, 368, and 369 on charges of inciting other social hatred and insulting Lukashenka and government representatives; he was sentenced to imprisonment in a penal colony.

The authorities unreasonably use detention in the absence of sufficient grounds for the use of the preventive measure, which restricts personal freedom: as the UN Human Rights Committee notes, "remand in custody on criminal charges must be reasonable and necessary in all the circumstances." “Detention in custody of persons awaiting trial shall be the exception rather than the rule. […] release from such custody may be subject to guarantees of appearance, including an appearance for trial, appearance at any other stage of the judicial proceedings, and (should occasion arise) appearance for the execution of the judgment. This suggestion concerns persons awaiting trial on criminal charges, that is, after the indictment, but a similar requirement, covering the period before the indictment, follows from the prohibition of arbitrary arrest... It should not be the general practice to subject defendants to pretrial detention. Detention should be based on a case-by-case decision that it is justified and necessary, taking into account all the circumstances, for purposes such as preventing escape, interfering with the process of collecting evidence, or recidivism of the crime... The relevant factors should be spelled out in the law and should not contain vague and broad standards such as "public danger"... Pre-trial detention should be applied not on the basis of a possible sentence, but on the basis of determining the need for this measure of restraint."

It is known about the detention of:

• Aliaksandr Sezen under Article 130 of the Criminal Code on the charge of inciting other social hatred;

• Yury Zalatukhin under Article 356 of the Criminal Code on the charge of treason against the state;

• Anatol Krupin under Article 130 of the Criminal Code on the charge of inciting other social hatred;

• Viktar Varabyou under articles 356, 426, 361-4, 361-1, and 342 of the Criminal Code on charges of treason, abuse of power or official authority, facilitating extremist activities, participating in extremist formations, organizing and preparing actions that grossly violate public order, or actively participating in them;

• Aliaksandr Yavorski under articles 130 and 368 of the Criminal Code on charges of inciting other social hatred and insulting A. Lukashenka;

• Siarhei Tserakhovich under Article 356 of the Criminal Code on the charge of treason against the state;

• Karyna Malinouskaya under articles 130, 342, and part 3 of Article 361 of the Criminal Code on charges of inciting other social hatred, active participation in group actions grossly violating public order, calls for actions aimed at harming the national security of the Republic of Belarus;

• Yury Kutuzau under Article 357 of the Criminal Code on the charge of conspiring to seize state power.

• Alena Badziaka under Article 130 and part 3 of Article 361 of the Criminal Code on charges of inciting other social hatred, calls for actions aimed at harming the national security of the Republic of Belarus.

Having studied these criminal prosecution cases, we concluded that all of them are politically motivated.

According to the Guidelines on the Definition of Political Prisoners, a person deprived of liberty is to be regarded as a political prisoner, if at least one of the following criteria is observed:

• a) the detention has been imposed in violation of the right to a fair trial, other rights and freedoms guaranteed by the International Covenant on Civil and Political Rights or the European Convention for the Protection of Human Rights and Fundamental Freedoms;

• d) the person has been detained in a discriminatory manner as compared to other persons.

We, representatives of the Belarusian human rights community, declare that the further imprisonment of Viktar Sauchyts, Aliaksei Horyn, Siarhei Kaburneyeu, Aliaksandr Sezen, Yury Zalatukhin, Leanid Tserabei, Anatol Krupin, Viktar Varabyou, Aliaksandr Yavorski, Siarhei Tserakhovich, Karyna Malinouskaya, Yury Kutuzau, Uladzimir Makhnach, Alena Badziaka is politically motivated, and they are political prisoners.

We demand from the Belarusian authorities:

• review the sentences and preventive measures imposed on these political prisoners, while ensuring the right to a fair trial and eliminating the factors that affected the categorizing of actions, the type and severity of punishment;

• release the mentioned political prisoners by taking other measures to ensure their appearance in court;

• immediately release all political prisoners, review politically motivated sentences, and end political repression against citizens.

Human Rights Center Viasna;

Belarusian Association of Journalists;

Barys Zvozskau Belarusian Human Rights House;

Belarusian PEN;

Lawtrend;

Legal initiative;

Belarusian Helsinki Committee.