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We believe that this form of expression falls under the protection of the International Covenant on Civil and Political Rights and has nothing to do with the charges.
We assess the persecution of Aliaksei Artsetski, Dzmitry Bunevich, Dzianis Ivanets, and Raman Sidziuk as politically motivated, as it is related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.
We recall once again that freedom of expression is only subject to restrictions in strictly defined cases, while these restrictions must be proportionate.
We assess the persecution of Kira Bayarenka, Volha Hlushan, Valery Melnichuk, Ivan Datsyshyn, Dzianis Khazei and Siarhei Hatskevich as politically motivated, as it is related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.
We consider the persecution and imprisonment Aliaksandr Kulaha and Uladzimir Chyzheuski to be politically motivated, as they are linked to their peaceful exercise of freedom of expression. The convicts are therefore political prisoners, according to para. 3.1 (a) of the Guidelines for the Definition of Political Prisoners.
General Directorate for Investigation of Offences related to Organized Crime and Corruption of the Central Bureau of the Investigative Committee of the Republic of Belarus has initiated criminal proceedings against the Human Rights Center “Viasna” based on its activities.
This criminal case was brought under Art. 342 of the Criminal Code (Organization and active participation in group actions that grossly violate public order). In this case, active investigative actions are currently being carried out, including searches in the regional offices and apartments of the organization members, summons for interrogations and other procedural actions. Dmitry Solovyov, a Council member of the Human Rights Center "Viasna", is a suspect in this case and is under a travel ban. The list of persecuted human rights defenders is apparently open.
We assess the persecution of Viktoryia Kulsha, Siarhei Mirayeuski, Ryhor Davydau, Aliaksei Berazinski, Uladzimir Rubasheuski, Siarhei Salokha, Marek Siradze, and Vitaliya Bandarenka as politically motivated, as it is related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.
We consider the persecution and imprisonment of Ruslan Linnik, Viktar Tsarykevich, Ihar Kapanaika, Yan Rymarau, and Yury Kastsiuk to be politically motivated, as they are linked to their peaceful exercise of freedom of expression. Ruslan Linnik, Viktar Tsarykevich, Ihar Kapanaika, Yan Rymarau, and Yury Kastsiuk are therefore political prisoners.
We consider the following convicts as political prisoners:
Mikita Kharlovich (sentenced to five years in prison under Part 1 of Article 295-1, Article 13, Part 2 of Article 293 of the Criminal Code);
Dzmitry Tsimashenka (sentenced to two and a half years in prison under Article 364 of the Criminal Code);
Aliaksandr Dziarkach (sentenced to four years in prison under Articles 342, 364, and 218 of the Criminal Code);
Yuliya Kashaverava (sentenced to one and a half years in prison under Part 1 of Article 339 of the Criminal Code);
Aliaksandr Karatchenia (sentenced to one and a half years in prison under Article 363 of the Criminal Code);
Natallia Rayentava (sentenced to eight months in prison under Article 364 of the Criminal Code);
Mikita Zalatarou (minor, sentenced to five years in prison under Article 13, Part 2 of Article 293, Article 295-3 of the Criminal Code).
The accused did not encroach on sacred or historical and cultural values, did not destroy them. The graffiti themselves do not contain obscene language or language of hostility and hatred on the grounds of nationality, race, religion or social origin and other characteristics. The defendants also testified that they did not intend to call for violence.
The graffiti could not and did not lead to the significant damage or destruction of structures, and the material damage from such inscriptions was clearly symbolic.
We requested that the thematic special rapporteurs contact the Government of the Republic of Belarus and seek additional information about the above mentioned draft laws aimed at restricting human rights and freedoms, the purpose of their adoption and possible negative impact on the realization of human rights.
We assess the persecution of Arseni Siniak, Raman Yakhin, Danila Chamadanau, Aliaksandr Tseleshman, Mikita Litvinenka, Yauhen Pekach, Viachaslau Kastsiuchyk, Siarhei Moushuk, Dzmitry Tur, and Aliaksandr Nurdzinau as politically motivated, as it is related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.
We consider the persecution and imprisonment of Illia Smolski, Uladzimir Shynkevich, Uladzimir Niapomniashchykh, Uladzimir Mikhalka, Mikhail Hladysh, Heorhi Vasilenka, and Valadar Tsurpanau to be politically motivated, as they are linked to their peaceful exercise of freedom of expression. The convicts are therefore political prisoners, according to para. 3.1 (a) of the Guidelines for the Definition of Political Prisoners.
For 10 years the Office for the Rights of Persons with Disabilities has been providing free legal assistance, advocating for changes in legislation, and conducting educational activities to change attitudes towards people with disabilities. Belarus has joined the Convention on the Rights of Persons with Disabilities, in particular, thanks to their extensive work.
Stefan Lazavik was detained by police on September 16, 2020 on suspicion of spray-painting on August 12 protest graffiti reading “He lost and started killing. B…..d, resign!” on a bus stop shelter in Horki. A criminal case was initially opened by the Horki District Prosecutor’s Office under Art. 341 of the Criminal Code. Under pressure from investigators, Lazavik admitted involvement in the vandalism, but when on October 29 he refused to record a video confession, the prosecutor reclassified the charge under Part 1 of Art. 339 of the Criminal Code (hooliganism). On November 26, the Horki District Court sentenced Stefan Lazavik to 1 year in a general-security penal colony. Stefan Lazavik was an observer during the 2020 presidential election and took an active part in the post-election protests.
On December 7, 2020, in the village of Chaciežyna, Minsk district, police detained Viktar Losik, who was accused of hanging on a local bridge effigies of the Minister of Internal Affairs and chairperson of the precinct election commission. The effigies had signs reading “Never Forget! Never Forgive!”. Losik was also accused of spray-painting the Belarusian national coat-of-arms Pahonia on the bridge and on several local buildings. He was charged under Part 1 of Art. 339 (hooliganism) and Art. 341 of the Criminal Code (desecration of buildings and damage to property) and remanded in the pre-trial detention center in Žodzina.
We assess the persecution of Hanna Vishniak and Siarhei Palonis and the sentencing of Yauhen Hovar and Aliaksandr Babrou as politically motivated, as it is related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.
To stop pressure on the Office for the Rights of Persons with Disabilities and other civil society organisations, to stop ungrounded and excessive inspections and other forms of control on organisations’ activities and to stop using force during inspections.
To stop all attempts to criminally prosecute Belarusian human rights defenders and civil society activists in connection with their legitimate activities to provide charitable and other aid to victims of human rights violations, including immediate release of Andrei Aliaksandarau, Leanid Sudalenka, Yulia Slutskaya and other CSO activists.
To stop practice of intimidation and harassment of citizens in connection with the receipt, distribution and use of charitable aid, both from sources inside Belarus and abroad, as well as to eliminate excessive regulatory restrictions in this area.
Immediately release all political prisoners, as well as citizens detained in connection with the exercise of freedom of peaceful assembly and freedom of expression in the post-election period and end political repression against the country's citizens.
It should be noted that Maksim Viniarski is a principled and long-standing opponent of the current political regime.
For his exclusively peaceful political activity, Viniarski has been repeatedly repressed by the authorities, including through fines, short terms in prison, beatings and intimidation.
We assess the persecution of Maksim Viniarski as politically motivated, as it is related solely to his exercise of freedom of peaceful assembly and expression, and also to his opposition beliefs, and recognize him as a political prisoner.
Human rights work is a legitimate public activity, and harassment for such activities is an absolutely unacceptable and gross violation of human rights by the authorities.
Based on this, we consider the persecution of Tatsiana Lasitsa to be politically motivated, as it is only aimed at stopping her public and non-violent activities seeking the protection of human rights and fundamental freedoms. Tatsiana Lasitsa is therefore a political prisoner, according to paragraph 3.1 (b) of the Guidelines on the Definition of Political Prisoners.
The monitoring of the court hearings also revealed other violations of the principles of a fair trial, most notably, the presumption of innocence and equality before the court.
We recall that the facility ceased to accept parcels for persons under administrative arrest since 27 January, citing as reasons the will to reduce the risks of COVID 19. In our opinion, there are other means of reducing these risks. For example, the Ministry of Health recommends practicing respiratory hygiene and cough etiquette, social distancing, frequent aeration and sanitizing, avoiding common-use tableware, etc.
More than 80 issues are divided into two sections: issues related to the institutional framework for combating torture and ill-treatment, and issues related to the events of August 9-13, 2020 and the following months in connection with the post-election protests.
We assess the persecution of Aliaksandra Patrasayeva, Aliaksandr Reznik, Mikhail Ferenets, Vital Shcherbich and Renata Smirnova as politically motivated, as it is related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.
This recording, inter alia, mentions how Aleksandr Taraikovsky was killed, discusses setting up camps for protesters, and carte blanche in using force against protesters.
Viasna and BHC note that creating obstacles for Viktar Babaryka’s communicate with his lawyers for more than a month is a violation of his right to defense, which, together with the arrest of his lawyer Maksim Znak and the disbarment of his other lawyer Aliaksandr Pylchanka, are viewed by the country’s human rights community as an affront on the prisoner’s right to defense and a fair trial, as the authorities went to extreme lengths to thwart a full-fledged defense strategy.
Human rights activities are a legitimate public activity, and harassment for such activities is an absolutely unacceptable and gross violation of human rights by the authorities.
Based on this, we consider the persecution of Leanid Sudalenka and Maryia Tarasenka to be politically motivated, as it is only aimed at stopping their public and non-violent activities seeking the protection of human rights and fundamental freedoms. Leanid Sudalenka and Maryia Tarasenka are therefore political prisoners.
Collecting voluntary donations from individuals and foreign nationals, as well as arranging the payment of fines imposed on persons brought to administrative responsibility only for participating in peaceful assemblies and exercising the freedoms of peaceful assembly and expression guaranteed by the Constitution of Belarus and international human rights law has nothing to do with financing any illegal activity and, accordingly, is not a crime.
In this context, the activities of Andrei Aliaksandrau and Iryna Zlobina constitute voluntary and charitable work to help victims of mass political repression and are essentially human rights activities.
Our position on these cases is that Experts of the Human Rights Center “Viasna”, however, believe that peaceful assemblies should be under state protection, while the police should not take action to forcibly stop them, even if they violate applicable rules. Violent cessation of assemblies and the use of physical force against protesters should be carried out only as a last resort, in cases where the behavior of the participants is violent, which poses a real threat to national and public security, life and health of citizens.
Human rights defenders see the actions of the authorities and law enforcement agencies as gross violations of human rights. More specifically, the conversation of one of the leaders of the Ministry of Internal Affairs, who relies upon complete freedom of action authorized by the de facto Head of State, shows the authorities' complete disregard for basic personal human rights, such as the right to life, to freedom from torture, to freedom from servitude and forced labor, to liberty and security of person.
We assess the persecution of Sviataslau Herasimuk, Yan Falkin, Aliaksei Melnikau, Volha Paulava, Aleksandr Gedzhadze, Aliaksandr Rayentau, Viktoryia Mirontsava, Anastasiya Mirontsava, and Mikalai Shametau as politically motivated, as it is related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.
Based on our earlier statement of December 22 demanding the decriminalization of defamation, cessation of the persecution and release of all political prisoners convicted of defamation or insult of officials, public officials and the President, as well as the insult to state symbols, and given that Siarhei Hardziyevich and Dzmitry Kulakouski were isolated (imprisoned) before the court, we consider their persecution to be politically motivated, and Siarhei Hardziyevich and Dzmitry Kulakouski themselves as political prisoners, in accordance with paragraph 3.1 (a) of the Guidelines on the Definition of Political Prisoners.
The BHC drew the attention of the Special Rapporteur to the lack of a legal basis for such database and its use for purposes that do not comply with the principles of legality, necessity and proportionality. The BHC expressed concern that given the fact that the collected data includes places of work, study and even hobbies, the government may use it for point intimidation in order to prevent people from expressing their opinions through peaceful protests.
We assess the persecution of Artsiom Mitsuk, Aliaksandr Drazdou, Ryhor Hunko, David Zbaranski, Mark Antonau, Ihar Rudchyk and Uladzislau Zianevich as politically motivated, related solely to their exercise of freedom of peaceful assembly and expression and recognize them as political prisoners.
Representatives of the Belarusian human rights community call to decriminalize defamation, put an end to judicial harassment and release all political prisoners convicted of slandering or insulting officials or the president, as well as insulting state symbols
According to international human rights standards, whistleblowers and journalists who report confidential information, the disclosure of which can lead to the effective detection and investigation of crimes, act in the public interest and should be protected from liability.
As for the slogans and drawings spray-painted on riot-control vehicles, which blocked the avenue, these actions can not be considered hooliganism, as these inscriptions addressing law enforcement officers were an act of expression of opinion.
Restrictions on freedom of expression may be subject to certain restrictions, but they must, inter alia, comply with the principles of proportionality.
In addition, spray-painting slogans on the iron shields clearly could not lead to their malfunctioning, and the damage caused by such actions was symbolic.
We assess the persecution of Aliaksandr Tsiareshka, Iryna Shchasnaya, Ruslan Parfionau, Dzianis Zhuk Siarhei Yarashevich, Aleh Korban, Dzmitry Karabeinik, Ryhor Saladounikau, Artsiom Vinakurau, Ivan Andrushoits, Aliaksei Sanchuk, Ihar Povarau, Yauhen Yushkevich, Tatsiana Yakelchyk, and Uladzislau Martsinovich as politically motivated, as it is only linked to their exercise of freedom of peaceful assembly and freedom of expression related to the official results of the presidential election and recognize them as political prisoners.
Yan Salanovich’s imprisonment was used exclusively in connection with his exercise of freedom of peaceful assembly, expression and dissemination of information guaranteed by the Constitution of the Republic of Belarus and international human rights norms, the International Covenant on Civil and Political Rights, in particular.
Painting the phrase “We Will Not Forget” on the pavement does not constitute hooliganism.
The content of the inscription, the place where it was made (the place of the murder of peaceful protester Aliaksandr Taraikouski), in the context of socio-political events, public debates and political protests taking place in the country in the past three months, indicate that the motive for painting the inscription was expression of opinion on these socially significant topics.
Painting the phrase “We Will Not Forget” on the pavement does not constitute hooliganism.
The content of the inscription, the place where it was made (the place of the murder of peaceful protester Aliaksandr Taraikouski), in the context of socio-political events, public debates and political protests taking place in the country in the past three months, indicate that the motive for painting the inscription was expression of opinion on these socially significant topics.
Painting the phrase “We Will Not Forget” on the pavement does not constitute hooliganism.
The content of the inscription, the place where it was made (the place of the murder of peaceful protester Aliaksandr Taraikouski), in the context of socio-political events, public debates and political protests taking place in the country in the past three months, indicate that the motive for painting the inscription was expression of opinion on these socially significant topics.
We note that the persecution of journalists by the Belarusian authorities is connected with their exclusively peaceful exercise of the freedoms guaranteed by the Constitution and international human rights norms, namely freedom of expression, freedom of speech and freedom of information.
Immediately release all political prisoners, as well as all individuals detained in connection with the exercise of freedom of peaceful assembly in the post-election period, and end political repression against the country's citizens.
We, representatives of the Belarusian human rights community, reaffirming our position expressed in the joint statement of November 18, 2020 on the arrest of members of the Belarusian Students’ Union, note that their persecution by the Belarusian authorities is associated with the peaceful exercise of freedoms guaranteed by the Constitution and international human rights standards in the field of freedom of expression and freedom of peaceful assembly.
BSA is one of the oldest and most famous organizations of Belarusian youth. The association emerged as an anti-communist youth organization in the late 1980s, united democratic youth on the grounds of resistance to authoritarian regime during Lukashenko's dictatorship consolidation, for which it was deprived of legal registration in the early 2000s. However, the organization has withstood many repressions and has retained the ability to attract Belarusian youth, for whom the values of freedom, democracy and human rights are important.
We drew the attention of the Special Rapporteur to the fact that this situation greatly affects the inhabitants of Novaya Borovaya, who are active citizens engaged in political life, resulting in violation of their right to an adequate standard of living and the highest attainable standard of physical health.
Numerous video footage of the incident and testimonies by eyewitnesses allow us to conclude that officers of special units of the Ministry of Internal Affairs of Belarus were involved in the crime with a high degree of probability. This is evidenced, in particular, by the purpose of their actions (removing the protest symbols), equipment typical of law enforcement agencies, professional and coordinated actions of the attackers when detaining and carrying Raman to a minibus, which allegedly belongs to one of special police units, and the eventual transportation of the detainee to the district police department. Failure to take immediate law-stipulated measures to investigate the crime is further evidence of the government's involvement in its commission.
We consider the persecution of Dzmitry Dubkou, Tsimur Ryzapur, Viktar Siadou, Valery Kalenchyts, Pavel Niapeuny, Dzmitry Kanapelka, Raman Kananovich, Yauhen Prapolski, Raman Hvazdziolak, Yury Kuzmich, Ivan Bahdzevich, Maryia Nestserava, Ihar Prazhennikau, Dzianis Hutsin, Maksim Babich (minor), Kiryl Paulavets, Volha Klaskouskaya, Dzianis Dzemukh, and Yauhen Dzmitryeu to be politically motivated, as it is solely linked to the exercise of their freedom of peaceful assembly and expression related to the announced results of the presidential election and are calling them political prisoners.
Due to the outlined facts and current circumstances, any public or private business enterprise which currently operates in Belarus or which has business ties with Belarusian companies and organisations is risking to be involved (directly or indirectly) in violations of human rights and to be in breach of international laws and its internal policies and codes of conduct, which will result in serious reputational and financial harm to any such business.