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 Mr. Aliaksandr Lukashenka, police officers, and judges, as well as insulting state symbols:
- Ms. Danuta Piarednia, taken into custody under Article 361 of the Criminal Code for appeals to restrictive measures (sanctions), Article 368 of the Criminal Code for insulting Mr. Aliaksandr Lukashenka;
- Mr. Yuryi Hryher, taken into custody under Article 369 of the Criminal Code for insulting a government official in a comment;
- Mr. Aliaksandr Kudlovich, taken into custody under Articles 368 and 369 of the Criminal Code for insulting Mr. Aliaksandr Lukashenka and government officials;
- Mr. Uladzimir Branavitski, taken into custody for disseminating protest symbols under Article 339 of the Criminal Code;
- Mr. Aliaksandr Pinchuk, convicted under Part 1 of Article 368 of the Criminal Code of insulting Mr. Aliaksandr Lukashenka, under Article 369 of the Criminal Code for insulting a government official, under Part 3 of Article 203-1 of the Criminal Code for disseminating personal data of abovementioned officials and sentenced to 2.5 years of imprisonment in a penal colony;
- Mr. Tatsiana Kupchyna, convicted under Article 391 of the Criminal Code for insulting a judge, under Part 1 of Article 368 of the Criminal Code for insulting Mr. Aliaksandr Lukashenka, under Article 369 of the Criminal Code for insulting a government official and sentenced to 24 months in a penal colony;
- Mr. Aliaksei Vialeshka, convicted under Part 1 of Article 368 of the Criminal Code of insulting Mr. Aliaksandr Lukashenka, under Article 369 of the Criminal Code for insulting a government official and sentenced to 24 months of imprisonment in a penal colony;
- Mr. Kanstantsin Dudarau, convicted under Article 367 of the Criminal Code of slandering Mr. Aliaksandr Lukashenka and sentenced to 12 months of imprisonment in a penal colony;
- Mr. Maksim Antanovich, was sentenced to 12 months of imprisonment in a penal colony under Part 1 of Article 368 of the Criminal Code for insulting Mr. Aliaksandr Lukashenka;
- Mr. Mikhail Liapeika, subjected to coercive psychiatric treatment for insulting Mr. Aliaksandr Lukashenka;
- Mr. Aliaksandr Kisel, subjected to coercive psychiatric treatment for insulting Mr. Aliaksandr Lukashenka;
- Mr. Aliaksandr Prudnikau, sentenced to 15 months of restricted freedom in an open penitentiary under Article 369 of the Criminal Code for insulting a police officer and sent to serve his sentence;
- Mr. Ihar Karpitski, convicted under Part 1 of Article 368 of the Criminal Code of insulting Mr. Aliaksandr Lukashenka; under Article 369 of the Criminal Code of insulting a government official; under Part 1 and 2 Article 366 of the Criminal Code of threatening violence against an official performing official duties and Mr. Aliaksandr Lukashenka, which was impossible to carry out; and of participating in a peaceful assembly under Part 1 of Article 342 of the Criminal Code and sentenced to seven years of imprisonment in a penal colony;
- Mr. Aliaksandr Danilevich, taken into custody under Article 361 of the Criminal Code for his calls for restrictive measures (sanctions);
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 Ms. Danuta Piarednia, Mr. Yuryi Hryher, Mr. Aliaksandr Kudlovich, Mr. Uladzimir Branavitski, Mr. Aliaksandr Pinchuk, Ms. Tatsiana Kupchyna, Mr. Aliaksei Vialeshka, Mr. Kanstantsin Dudarau, Mr. Maksim Antanovich, Mr. Mikhail Liapeika, Mr. Aliaksandr Kisel, Mr. Aliaksandr Prudnikau, Mr. Ihar Karpitski, and Mr. Aliaksandr Danilevich and stop their criminal prosecution.
- 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
Belarusian Association of Journalists
Barys Zvozskau Belarusian Human Rights House
Legal initiative
Lawtrend
Belarusian Helsinki Committee
PEN Belarus
Human Constanta