In response to an increase in the number of cases of conviction and imprisonment of individuals under a number of defamatory articles of the Criminal Code, as well as for insulting state symbols of the Republic of Belarus, and other actions aimed at the lawful exercising of freedom of expression we, representatives of the Belarusian human rights community demand to put the end to the persecution for legitimate expression of views and, reaffirming our repeated calls to decriminalize defamation and to refrain from imposing terms of imprisonment for insulting officials, the state, government agencies, and symbols (as mentioned in the Joint statement of December 22, 2020), note the following:
At the moment we know about the following persons imprisoned for insulting the president, police officers, judges, as well as insulting state symbols:
- Siarhei Zakharanka, sentenced to 2 years and 6 months of restricted freedom in an open penitentiary under Art. 369 of the Criminal Code for insulting a police officer; sent to serve his sentence;
- Arciom Brel, sentenced to 2 years and 6 months of freedom restriction in an open penitentiary under 369 of the Criminal Code and sent to serve his sentence;
- Uladzimir Yaustratsenka, sentenced to 1 year of imprisonment under Art. 368 of the Criminal Code for insulting Aliaksandr Lukashenka;
- Aliaksandr Karniuski, convicted under Art. 368, 369, 364 of the Criminal Code for insulting A. Lukashenka, an official, and threatening police officers to 3 years in a penal colony;
- Igor Novikov, sentenced under Articles 368, 341 of the Criminal Code to 2 years in prison for putting inscriptions on buildings that insult Lukashenka;
- Dzmitryi Sushchyk, taken into custody on charges of Art. 368 and 370 of the Criminal Code for insulting Lukashenka and desecrating the state symbols;
- Dzianis Karaban, taken into custody on charges under Art. 130 of the Criminal Code for inciting hatred with his comment on the social network regarding the “Zeltser case”.
It was also reported that Viachaslau Dashkevich, Mikhail Khamitsevich, Raman Karpuk, Tatsiana Zayats, Mikalai Karabko, and Katsiaryna Kupryianava were arrested and imprisoned under Article 191 of the Criminal Code for obstructing the work of referendum commissions.
In this regard, we consider the persecution and imprisonment of the persons listed above as politically motivated in connection with the peaceful exercise of their views, and the convicts as political prisoners in accordance with paragraph 3.1 (a) of the Guidelines on the Definition of Political Prisoners. We, therefore, call on the Belarusian authorities to:
- immediately release political prisoners Siarhei Zakharanka, Uladzimir Yaustratsenka, Aliaksandr Karniuski, Igor Novikov, Arciom Brel, Dzmitryi Sushchyk, Dzianis Karaban, Viachaslau Dashkevich, Mikhail Khamitsevich, Raman Karpuk, Tatsiana Zayats, Mikalai Karabko, Katsiaryna Kupryianava and stop the criminal prosecution against them;
- decriminalize defamation offenses and abolish articles of the Criminal Code that provide for liability for insulting the state and state symbols, namely Articles 188, 189, 367, 368, 369, 369-1, 370, and 391 of the Criminal Code, and stop all ongoing criminal cases under these articles;
- immediately release all political prisoners and stop political repression.
Human Rights Center Viasna
Legal initiative
Lawtrend
PEN Belarus
Barys Zvozskau Belarusian Human Rights House
Belarusian Helsinki Committee
Belarusian Association of Journalists