Joint statement by the Belarusian human rights community
December 27, 2024
In connection with information about charging, detaining, and sentencing Hanna Kmit, Andrej Sielaninaŭ, Jaŭhien Nikałajevič under Part 1 of Article 342 of the Criminal Code (group actions grossly violating public order), and the transfer to a correctional institution of Dzmitry Lach, Dzmitry Čarnucha, Alaksandr Krupnikaŭ, Dzmitry Hłuščanka, Siarhiej Čekiel, Uładzimir Apanovič, Arciom Pucienič sentenced to restriction of liberty under Part 1 of Article 342 of the Criminal Code, we note the following:
Freedom of peaceful assembly is guaranteed by Article 21 of the International Covenant on Civil and Political Rights. This freedom is not subject to any restrictions other than those established by law and necessary in democratic countries for the purposes of national and public security, public order, public health, and morals, or the protection of the rights and freedoms of others.
Protests by citizens were spontaneous and self-organized and were caused by distrust of the results of the August 9, 2020, presidential election, which was held with numerous violations and falsifications and was not recognized by the international community as democratic, fair, and free.
Citizens assembled peacefully and posed no threat to national or public security. However, the demonstrators were attacked by special units of the Interior Ministry with disproportionate use of physical force, special equipment, and weapons.
For the first time in the history of Belarus, rubber bullets and water cannons were used against peaceful demonstrators. A considerable amount of damage was inflicted by the use of stun grenades.
In our statement of August 10, 2020, the Belarusian human rights community condemned the actions of law enforcement agencies and placed all responsibility for what happened on August 9 and 10 on the authorities of Belarus.
Further protest actions were peaceful; meetings and their participants had to be protected by law.
We assess the persecution of the above-mentioned persons who were imprisoned and accused of group actions grossly violating public order, non-existent mass riots, and under defamation articles as politically motivated persecution in connection with their exercise of freedom of peaceful assembly and expression of their opinion regarding the announced results of the presidential elections and recognize them as political prisoners.
In this regard, we demand that the Belarusian authorities:
- Immediately release Hanna Kmit, Andrej Sielaninaŭ, Jaŭhien Nikałajevič, Dzmitry Lach, Dzmitry Čarnucha, Alaksandr Krupnikaŭ, Dzmitry Hłuščanka, Siarhiej Čekiel, Uładzimir Apanovič, Arciom Pucienič and stop their criminal prosecution.
- Immediately release all political prisoners, and other individuals detained in connection with their exercise of freedom of peaceful assembly in the post-election period, and stop political repression in the country.
Human Rights Center Viasna;
Legal Initiative;
Lawtrend;
Human Constanta;
PEN Belarus.