Joint statement by the Belarusian human rights community
November 22, 2023
In response to the increasing number of convictions and imprisonment cases of citizens of the country under various defamation articles of the Criminal Code of the Republic of Belarus, and in connection with the “desecration of state symbols of the Republic of Belarus” and other actions aimed at the legitimate exercise of freedom of expression, we, representatives of the Belarusian human rights community, demand an end to the persecution of legitimate forms of expression, once again reaffirm our repeatedly stated demands for the decriminalization of defamation and the inadmissibility of imprisonment of citizens for “insulting” officials, the state, state bodies, and symbols (joint statement from December 22, 2020), and note the following:
We have identified the following persons in custody or imprisoned for “insulting” Aliaksandr Lukashenka, government officials (police officers), judges, state symbols, and other manifestations of freedom of opinion:
Andrei Mindubayeu was convicted of slander against A. Lukashenka and an insult of A. Lukashenka and sentenced to two years and 6 months of imprisonment in a correctional colony under Articles 367 and 368 of the Criminal Code;
Aleh Volkau and Vadzim Barysau were convicted of insulting state symbols under Article 370 of the Criminal Code and sentenced to one year of imprisonment in a penal colony each;
Aleh Silich was placed in custody for slander against A. Lukashenka and an insult of A. Lukashenka and an official under Articles 367, 368, and 369 of the Criminal Code;
Herman Lebiadzeu was placed in custody for insulting A. Lukashenka under Article 368 of the Criminal Code;
Yauhen Homanau was convicted under Article 369 for insulting a representative and sentenced to restriction of liberty with referral to an open-type correctional institution and sent to a correctional institution;
Kanstantsin Salamiyuk was placed in custody for insulting an official under Article 369 of the Criminal Code;
Aliaksandr Brezin was convicted of insulting A. Lukashenka under Article 368 of the Criminal Code;
Valeryi Yarotski was sent to a hospital for compulsory psychiatric treatment with the usual supervision for defamation of an employee of the prosecutor’s office and A. Lukashenka;
Stsiapan Zadoika was convicted of insulting Aliaksandr Lukashenka and officials, abuse of state symbols, threat against an official in his comments under Part 2 of Articles 368, 369, 370, and 366 of the Criminal Code and sentenced to five years and 6 months of imprisonment in a penal colony;
Anatoli Zelepuha was convicted under Article 369 for insulting a representative and sentenced to restriction of freedom with referral to an open-type correctional institution and sent to a correctional institution;
Iryna Sapryhina was placed in custody for insulting A. Lukashenka under Article 368 of the Criminal Code;
Volha Kazlouskaya was convicted of insulting A. Lukashenka under Article 368 of the Criminal Code and sentenced to 6 months of imprisonment in a correctional colony.
We consider the persecution and imprisonment of the named individuals to be politically motivated, related to the peaceful exercise of expressing thoughts, and consider them political prisoners in accordance with paragraph 3.1(a) of the Guidelines on the Definition of Political Prisoners. We demand from the Belarusian authorities:
- immediately release political prisoners Andrei Mindubayeu, Aleh Volkau, Vadzim Barysau, Aleh Silich, Herman Lebiadzeu, Yauhen Homanau, Kanstantsin Salamiyuk, Aliaksandr Brezin, Valeryi Yarotski, Stsiapan Zadoika, Anatol Zelepuha, Volha Kazlouskaya, Iryna Sapryhina and stop criminal prosecution against them;
- take measures aimed at decriminalizing defamation offenses and repealing articles of the Criminal Code that provide for liability for insulting the State, state symbols and officials, namely, Articles 188, 189, 361, 367, 368, 369, 369-1, 370, and 391 of the Criminal Code of the Republic of Belarus, and to terminate all previously initiated under these articles criminal cases;
- immediately release all political prisoners and stop political repression.
Human Rights Center Viasna;
Barys Zvozskau Belarusian Human Rights House;
Legal initiative;
Belarusian Helsinki Committee;
Lawtrend;
Belarusian Association of Journalists;
Human Constanta;
PEN Belarus.