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 Aliaksandr Lukashenka, police officers, judges, as well as insulting state symbols:
- Mr. Andrei Valasach, taken into custody under Article 369 of the Criminal Code for insulting a government official;
- Mr. Uladzimir Parkhomenka, sentenced to 12 months of imprisonment in a penal colony under part 1 of article 368 of the Criminal Code for insulting Aliaksandr Lukashenka;
- Mr. Ihar Fiodarau, sentenced to 24 months of imprisonment in a penal colony under part 1 of article 368 of the Criminal Code for insulting Aliaksandr Lukashenka;
- Mr. Anton Babrou, sentenced to 24 months of imprisonment in a penal colony under part 1 of article 368 of the Criminal Code for insulting Aliaksandr Lukashenka;
- Mr. Ivan Parshyn, sentenced to 2.5 years of imprisonment in a penal colony under Part 1 of Article 368 of the Criminal Code for insulting Aliaksandr Lukashenka and under Part 1 of Article 130 of the Criminal Code for his comments on social networks in regard to police officers that, according to the verdict, did not contain direct appeals to violence;
- Mr. Dzmitryi Tsyb, sentenced to 24 months of restricted freedom in an open penitentiary under Article 369 of the Criminal Code for insulting a government official; sent to serve his sentence;
- Mr. Dzianis Kisialiou, sentenced to 18 months of restricted freedom in an open penitentiary under Part 1 of Article 368 of the Criminal Code for insulting Aliaksandr Lukashenka, sent to serve his sentence;
- Mr. Valeryi Zakharchyk, sentenced to 3 years in a penal colony under Article 368 of the Criminal Code for insulting Aliaksandr Lukashenko, under Article 369 of the Criminal Code for insulting a government official, and under Article 203-1 of the Criminal Code for dissemination of personal data.
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 recognize 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 Mr. Andrei Valasach, Mr. Uladzimir Parkhomenka, Mr. Ihar Fiodarau, Mr. Anton Babrou, Mr. Ivan Parshyn, Mr. Andrei Barysiuk, Mr. Dzianis Kisialiou, and Mr. Valeryi Zakharchyk and end 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
PEN Belarus
Belarusian Association of Journalists
Barys Zvozskau Belarusian Human Rights House
Belarusian Helsinki Committee