Joint statement by the Belarusian human rights community
May 22, 2024
The Belarusian human rights community notes an increase in the number of convictions and imprisonments under several defamation and desecration of state symbols articles of the Criminal Code of the Republic of Belarus, and for other actions aimed at the lawful exercise of the freedom of expression.
We demand to put an end to the persecution of legitimate expression of views and, reaffirming our repeated calls to decriminalize defamation and to refrain from imposing custodial sentences 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 having insulted Aliaksandr Lukashenka, government officials (police officers), judges, desecrated state ans state symbols, and exercised their freedom of opinion in other forms:
- Jury Vaŭčkievič under Article 368 of the Criminal Code for insulting A. Lukashenka; he was sentenced to one year in a penal colony;
- Dzianis Nikita under Article 368 of the Criminal Code for insulting A. Lukashenka; he was sentenced to three years in a penal colony;
- Siarhiej Šech under Articles 368 and 367 of the Criminal Code for insulting A. Lukashenka and slandering him; he was sentenced to two years and 6 months of imprisonment in a penal colony;
- Siarhiej Mielnikaŭ under Article 368 of the Criminal Code for insulting A. Lukashenka; he was sentenced to one year and one month in a penal colony;
- Jury Tomašaŭ under Article 370 of the Criminal Code for mocking state symbols; he was sentenced to three months of arrest;
- Pavieł Makaranka under Article 368 of the Criminal Code for insulting A. Lukashenka; he was sentenced to three years in a penal colony;
- Kanstancin Bič under Article 369 of the Criminal Code for insulting a representative of the authorities; he was sentenced to one year of restriction of freedom in an open-type correctional facility and sent to serve his sentence;
- Siarhiej Kunašenka under Article 368 of the Criminal Code for insulting A. Lukashenka; he was sentenced to two years of restriction of freedom in an open-type correctional institution and sent to serve his sentence;
- Dzmitry Pieršyn under Articles 368 and 367 of the Criminal Code for insulting A. Lukashenka and slandering him; he was sentenced to compulsory treatment;
- we also know about the detention of Lilija Kascienič and Alaksandr Kamlonak under Article 369 of the Criminal Code for insulting a representative of the authorities.
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 Jury Vaŭčkievič, Dzianis Nikita, Siarhiej Šech, Siarhiej Mielnikaŭ, Jury Tomašaŭ, Pavieł Makaranka, Kanstancin Bič, Siarhiej Kunašenka, Dzmitry Pieršyn, Lilija Kascienič, Alaksandr Kamlonak 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;
Lawtrend;
Human Constanta;
Belarusian Association of Journalists;
Belarusian Helsinki Committee;
Barys Zvozskau Belarusian Human Rights House;
PEN Belarus;
Office for the Rights of Persons with Disabilities.