We, representatives of the Belarusian human rights community, reiterate that imprisonment and criminal liability for protest actions are used by the authorities to suppress public and political activism, dissent and anti-war protests.
Criminal legislation has been substantially tightened and extended with new corpus delicti, which are used by the authorities solely for the purpose of political repression.
Out-of-court, the Interior Ministry and the KGB arbitrarily recognize as extremist citizens’ groups brought together by public or political interests, criticizing the actions of the authorities and demanding reforms in the state and its policies. This in turn paves the way for the arbitrary prosecution and imprisonment of their members as a disproportionate measure restricting the right to association and freedom of expression. For instance:
- Mr. Dzmitryi Shuvalau was sentenced to 2.5 years of imprisonment in a penal colony on charges of ‘promoting extremist activities’ under Article 361-4 of the Criminal Code for leaving comments and sending information and videos about military airfield operations to one of the Telegram channels.
- Mr. Yahor Lebiadok was detained pending trial on charges of ‘promoting extremist activities’under Article 361-4 of the Criminal Code for his commentaries for Euroradio.
- Mr. Aliaksandr Ivanou was detained pending trial on charges of ‘promoting extremist activities’ under Article 361-4 of the Criminal Code for sending information about Russian military equipment movement to one of the Telegram channels.
- Mr. Siarhei Vaitsiuk was convicted of ‘attempted participation in hostilities on foreign soil’ for joining the defenders of sovereign Ukraine under Part 1 of Article 14 and Part 1 of Article 361-3 of the Criminal Code and sentenced to 2.5 years of imprisonment in a penal colony.
- Mr. Mikhail Listapadau was convicted of ‘attempted participation in hostilities on foreign soil’for joining the defenders of sovereign Ukraine under Part 1 of Article 14 and Part 1 of Article 361-3 of the Criminal Code and of ‘participation in group actions that grossly violated the public order’ for attending a peaceful assembly under Article 342 of the Criminal Code and sentenced to three years of imprisonment in a penal colony.
- Mr. Siarhei Hrybovich was detained pending trial on charges of ‘participation in hostilities on foreign soil’ for joining the defenders of sovereign Ukraine under Part 1 of Article 14 and of‘inciting hatred’ with his statements on the internet that did not call for violence under Part 1 of Article 130.
In the context of the socio-political events after the Russian invasion of Ukraine on February 24, 2022, which caused a public outcry and resulted in acts of solidarity with the people of Ukraine, we conclude that in the abovementioned cases the citizens are persecuted for their political opinions and the non-violent exercise of their freedom of expression and association.
Therefore, we recognize them as political prisoners in accordance with paragraph 3.1 (a) of the Guidelines on the Definition of Political Prisoner, and demand that the Belarusian authorities:
- Immediately release political prisoners Mr. Dzmitryi Shuvalau, Mr. Yahor Lebiadok, Mr. Aliaksandr Ivanou, Mr. Siarhei Vaitsiuk, Mr. Mikhail Listapadau, and Mr. Siarhei Hrybovich.
- Immediately release all political prisoners and stop political repression.
Human Rights Center Viasna
Legal initiative
Human Constanta
PEN Belarus
Belarusian Helsinki Committee
Barys Zvozskau Belarusian Human Rights House