"The authorities are trying to make the very word 'sanctions' instill fear": at least 188 people were convicted in Belarus for calling for them
Over the past four years, at least 188 people have been convicted in Belarus under Article 361 of the Criminal Code for "calls for restrictive measures (sanctions) and other actions aimed at harming the national security of the Republic of Belarus" (hereinafter referred to as "calls for sanctions"). This criminal provision became one of the tools of repression after the 2020 protests, allowing punishments for statements on social media. Most convicts received long terms in penal colonies; some were sentenced in absentia. Not only activists and politicians fall under persecution, but also representatives of various professions — lawyers, journalists, human rights defenders, doctors, and entrepreneurs. Lawyers call the article an instrument of political repression that does not comply with international human rights standards, and the persecution under it — intimidation of people. Viasna reports who is persecuted in Belarus for "calling for sanctions," and the legal service comments on this vicious practice.
- Aliaksandr Danilevich, Eduard Palchys, and Mikalai Dziadok, convicted for "calls for sanctions" among other things. Collage by spring96.org
Figures of repression
At least 188 people have been convicted in Belarus for "calling for sanctions." There are 46 women among them. While by the beginning of 2023, there were 48 sentences handed down under Article 361 of the Criminal Code, by the beginning of 2025 there were already 173.
157 people who were persecuted, among other things, for "calls for sanctions", were sentenced to imprisonment in a penal colony.
39 people were convicted in absentia for "calls for sanctions." Four convicts are foreign citizens: Latvians Mikhailaus Dmitryis and Ganins Yurys, Dudnikov Yegor from Russia, and Ziankovich Yury, who has American citizenship.
15 political prisoners belong to the vulnerable group of political prisoners with serious health problems.
Five convicts, tried for "calling for sanctions" among other things, have served their sentences in full and been released, while 10 more have been pardoned.
When did this article appear in the Criminal Code?
According to lawyers, such a provision appeared in the revised version of the Criminal Code on January 1, 2022. In addition to calls for "actions aimed at harming national security," the new version also featured calls for sanctions.
"In other words, calls for sanctions, including those concerning individuals, have been compared to such actions as, for example, calls for the seizure of power or a change in the constitutional order of the Republic of Belarus, treason against the state, the commission of an act of terrorism or sabotage," the lawyers note.
Detention was removed from the punishments altogether, indicating that it is possible to go to prison for calls for sanctions for three to 10 years, whereas before the changes the maximum term was only three years. Calls on the Internet are subject to a more severe punishment under Part 3 of this article: from four to 12 years of imprisonment (it used to be from two to five years).
"Therefore, spelling things out, and, for greater effect, increasing the punishments, is a strategic step aimed primarily at intimidation. The authorities are trying to make the very word 'sanctions' instill fear among people.
The wording of the article's disposition is too broad, which is characteristic of the regime. Any dissent can be interpreted as harming national security. The same applies to the definition of national security. It is impossible to formulate, based on the legislation of Belarus, what exactly national security is."
Who was the first to be convicted for "calling for sanctions"?
- Volha Brytsikava, Maksim Znak, and Mikalai Khila, convicted for "calls for sanctions" among other things. Collage by spring96.org
The first verdict under Article 361 of the Criminal Code was handed down on August 16, 2021, to Leanid Herasimliuk, a carpenter from Hrodna. He was sentenced to three and a half years in a penal colony for comments on a local Telegram channel Hrodna *7% with calls not to pay utility bills.
After the verdict, the KGB added Leanid to the list of persons "involved in terrorist activities." According to human rights activists, the political prisoner was supposed to be released in the summer of 2024.
The next convicts, for "calls for sanctions" among other things, were lawyer Maksim Znak and the head of Viktar Babaryka's election team, Maryia Kalesnikava.
In April 2021, a criminal case was initiated against Aliaksandra Herasimenia, ex-chair of the Belarusian Sports Solidarity Fund, swimmer, and three-time Olympic medalist, and Aliaksandr Apeikin, executive director of the Fund, for "calling for sanctions." On December 26, 2022, they were sentenced in absentia to 12 years in a penal colony each. Herasimenia's property was confiscated, including an apartment and $48,000 from a personal account. This is the first verdict in a criminal case that was handed down as part of special proceedings.
Aliaksandr Danilevich, a lawyer for the Fund's managers, was convicted under the same article. The lawyer was detained in May 2022 and accused of calling for sanctions against Belarusian sports and "discrediting domestic enterprises in front of foreign partners."
"Herasimenia and Apeikin were targeted for a reason: they represented the Sports Solidarity Fund, which loudly opposed the regime, and were widely known. Their trial is an attempt not only to punish individuals, but also to intimidate the entire community, especially representatives of the Belarusian diaspora and former officials, athletes or cultural figures who supported the protests," the lawyers note.
How do lawyers view this article?
Article 361 of the Criminal Code is used for political persecution on its own only in isolated cases, which only confirms its instrumentality for purposefully suppressing freedom of speech, intimidating and punishing those who are active, Viasna lawyers conclude.
"Actions such as calls for sanctions are attempts to influence international actors who have certain relations with the Republic of Belarus, where the latter has something to lose. And sanctions are aimed at changing the behavior or policy of the state. Any statements about sanctions are political thoughts and fall under the protection of Article 19 of the International Covenant on Civil and Political Rights, i. e. the right to freedom of expression."
Who else has been tried for "calling for sanctions"?
- Andrzej Poczobut, Maryna Zolatova, and Valeryia Kastsiuhova, convicted for "calls for sanctions" among other things. Collage by spring96.org
Among those who were tried for "calling for sanctions," one can meet representatives of various professions andoccupations, as well as many famous names.
Activists of Belarusian independent trade unions, Henadz Fiadynich, Vasil Berasneu, and Viachaslau Areshka, were also tried for "calling for sanctions."
The founder of a store of national symbols and souvenirs Symbal.by Pavel Belavus was tried under four articles of the Criminal Code, for "call for sanctions" among others. As a result, he was sentenced to 13 years in a penal colony.
Raman Pratasevich, who was later pardoned for his cooperation with government agencies, was also tried for "calling for sanctions."
Journalist Andrzei Poczobut, human rights activist Marfa Rabkova, blogger Eduard Palchis, political scientist Valeryia Kastsiuhova, lawyers Aliaksandr Danilevich and Vital Brahinets, trade union activist Volha Brytsikava, researcher Tatsiana Kuzina, doctor Yauhen Buzhynski, anarchist Mikalai Dziadok, the former editor-in-chief of TUT.BY Maryna Zolatava and the former CEO of TUT.BY Liudmila Chekina, and an employee of the EU delegation to Belarus Mikalai Khil were tried under Article 361 of the Criminal Code.