Belarus court sentences Ales Bialiatski to 10-year jail term, The sentencing of the Nobel Peace Prize winner and human rights defender has triggered protests. Media and human rights defenders across the world said that his arrest is ‘politically motivated’. See also: https://humanrightsdefenders.blog/2022/10/08/meet-ales-bialiatski-nobel-peace-prize-2022/
Image caption, Ales Bialiatski pictured in November 2021
Oliver Slow of BBC News reported as follows¨
…Supporters of Mr Bialiatski, 60, say the authoritarian regime of Belarusian leader Alexander Lukashenko is trying to silence him. He was arrested in 2021 following massive street protests over widely disputed elections the previous year, and accused of smuggling cash into Belarus to fund opposition activity. Demonstrators were met with police brutality and Lukashenko critics were regularly arrested and jailed during the demonstrations, which started in 2020.
Mr Bialiatski was in court alongside two fellow campaigners, Valentin Stefanovich and Vladimir Labkovich.
Mr Stefanovich was sentenced to nine years in prison, while Mr Labkovich received seven years, according to Viasna, the group Mr Bialiatski founded in 1996. All three had pleaded not guilty.
Mr Bialiatski’s wife, Natalya Pinchuk, said the trial was “obviously against human rights defenders for their human rights work”, describing it as a “cruel” verdict.
Referring to her husband’s letters from prison, where he has been held since arrest, she said: “He always writes that everything is fine. He doesn’t complain about his health – he tries not to upset me.”
Kostya Staradubets, a spokesperson for Viasna, said the sentences imposed on the three activists were “breaking our hearts”.
Speaking to the BBC World Service’s Newshour programme, he said: “We knew that our three colleagues would get long prison terms but anyway it’s still a shock, it’s breaking our hearts, not only the [prison] terms are long but the conditions also very horrific.
Belarus’s exiled opposition leader Svetlana Tikhanovskaya said the sentencing was “simply appalling”. “We must do everything to fight against this shameful injustice and free them,” she said.
Berit Reiss-Andersen, chair of the Norwegian Nobel Committee that awards the Nobel Peace Prize, said the verdict was a “tragedy” for Mr Bialiatski and described the charges as “politically motivated”.
In awarding the 2022 Nobel Peace Prize to Mr Bialiatski, Ms Reiss-Anderson said the Belarusian government had “for years tried to silence him”. “He has been harassed, he has been arrested and jailed, and he has been deprived of employment,” she said.
European Union foreign policy chief Josep Borrell condemned what he described as “sham trials”, adding they were “yet another appalling example of the Lukashenko regime trying to silence those who stand up in defence of human rights and fundamental freedoms of the people in Belarus”.
There are currently 1,458 political prisoners in Belarus, according to Viasna. Authorities claim there are none.
Protection of human rights defenders The mandate of the UN Special Rapporteur on the situation of human rights defenders is to be renewed at the HRC’s March session through a resolution led by Norway.
Reprisals
ISHR remains deeply concerned about reprisals against civil society actors who engage or seek to engage with UN bodies and mechanisms. We call on all States and on the Council to do more to address the situation. General Debate Item 5 is a key opportunity for States to raise concerns about specific cases of reprisals and demand that Governments provide an update on any investigation or action taken toward accountability. An increasing number of States have raised concerns in recent Council sessions about individual cases of reprisals, including at HRC sessions 39, 41, 42, 43, 45, and 51.
ISHR believe that States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. In September 2022, ISHR ran a campaign regarding five specific cases of reprisals (#EndReprisals). We continue to urge perpetrator States to resolve these cases and other States to raise these cases in their statements: Ibrahim Metwally Hegazy (Egypt), the co-founder and coordinator of the Association of the Families of the Disappeared. Jiang Tianyong (China), a lawyer and legal rights activist working at grassroots level to defend land and housing rights, promote the rights of vulnerable social groups and expose root causes of systemic rights abuses. The Human Rights Center ‘Viasna’ (Belarus), which works towards the development of civil society and the promotion of human rights in Belarus and provides legal aid to people in defending their rights and public interests. Comité de Familiares de Víctimas del Caracazo (COFAVIC); Observatorio Venezolano de Conflictividad Social (OVCS); Centro de Justicia y Paz (CEPAZ); Control Ciudadano (and its director Ms. Rocío San Miguel); and Espacio Público (and its director Mr. Carlos Correa) (Venezuela): a group of five NGOs and two individuals working for the promotion of human rights in Venezuela and who have a history of cooperating with the UN, including the Fact-Finding Mission on Venezuela. Human rights lawyers and defenders Armel Niyongere,Dieudonné Bashirahishize, Vital Nshimirimana and Lambert Nigarura (Burundi), four prominent and well-respected figures within Burundian civil society and their local communities. In addition, we urge States to raise individual cases of reprisals in the country-specific debates taking place at this session: Nicaragua, Sudan, Israel and occupied Palestine, Myanmar, Iran, Venezuela, Belarus, Democratic Republic of the Congo. Further information on these cases can be found here or by contacting the ISHR team at s.hosseiny@ishr.ch.
Other thematic debates At this 52nd session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with: The Special Rapporteur on the right to food The Independent Expert on the effects of foreign debt The Special Rapporteur on the right to adequate housing The Special Rapporteur in the field of cultural rights The Council will discuss a range of civil and political rights through dedicated debates with: The Special Rapporteur on freedom of religion or belief The Special Rapporteur on torture The Special Rapporteur on the right to privacy In addition, the Council will hold dedicated debates on the rights of specific groups including: The Special Rapporteur on the sale and sexual exploitation of children The Special Representative of the Secretary-General on violence against children and the Special Representative of the Secretary-General on children and armed conflict The Special Rapporteur on the rights of persons with disabilities The Special Rapporteur on minority issues The Independent Expert on the enjoyment of human rights of persons with albinism The Council will hold dedicated debates on the interrelation of human rights and thematic issues including: The Special Rapporteur on the promotion and protection of human rights while countering terrorism The Special Rapporteur on human rights and the environment The High Commissioner’s report on access to COVID-19 vaccines
Country-specific developments
Afghanistan: The mandate of the Special Rapporteur on Afghanistan is a crucial mechanism for ongoing monitoring and documentation of the situation in the country, as well as enabling discussion and dialogue amongst States on its findings. It remains an important channel for communication between human rights defenders and survivors inside Afghanistan with the intergovernmental decision-making spaces. However, it falls short due to the overwhelming evidence of gross violations and abuses in Afghanistan. The HRC must respond to the calls from Afghan human rights defenders, especially women human rights defenders, and civil society and establish an independent accountability mechanism with a mandate and resources to investigate the full scope of violations abuses that continue to be committed in Afghanistan by all parties and to preserve evidence of these violations for future accountability. The Council will hold an interactive dialogue with the Special Rapporteur on 6 March.
China On 24 November 2022, the CERD issued an Urgent Action decision on Xinjiang stressing the ‘scale and nature’ of the repression of Uyghurs and Muslim minorities, as evidenced by the Xinjiang Police Files leaks. The Committee urged China to release all those arbitrarily detained, stop harassing Uyghurs abroad, and fully review its national security framework. For the first time ever, the Committee referred the matter to the Special Adviser of the Secretary-General on the Responsibility to Protect, while reminding ‘all States of their responsibility to cooperate to bring to an end through lawful means any serious breach of human rights obligations.’ States should ensure sustained visibility on the broader human rights situation across China, raising root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese human rights defenders, including the abuse of national security as documented by the OHCHR’s Xinjiang report and Special Procedures, and ask for the prompt release of human rights defenders, including feminist activists Huang Xueqin and Li Qiaochu, human rights lawyers Chang Weiping and Ding Jiaxi, legal scholar Xu Zhiyong, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.
Mali. In 2020, Mali finally adopted its implementation decree for the HRD law. While it was a long awaited achievement, especially as it establishes the defenders protection mechanism within the National Human Rights Institution, the text also provides that in order to be recognised as such, any defender must carry a card or badge issued in advance by the Minister responsible for human rights. This provision was later reinforced by the decision adopted by the Malian government in September 2020, which establishes the characteristics and procedures for granting and withdrawing the professional card of human rights defenders. During the last presentation of the report of the independent expert on the human rights situation in Mali, ISHR delivered a statement asking the independent expert what support he planned to give to the Malian government to ensure the full implementation of the defenders law and its protection mechanism. The HRC must keep the scrutiny on Mali to ensure that defenders in the country are protected in line with the UN Declaration and not restricted by the limitation imposed by a card defining the status of defenders. The Council will hold an interactive dialogue with the independent expert on 30 March.
DRC The DRC has noticeably improved the protection of human rights in the Kasaï region but progress remains slow and action is still needed towards transitional justice and the protection of defenders in this region. In December 2022, the national assembly of the DRC adopted the draft law for the protection and promotion of defenders. The last step is for the text to be adopted by the Senate, which would strengthen the protection of defenders at the national level after the adoption in February 2016 of an edict for the protection of human rights defenders and journalists in the South Kivu province and a similar text adopted in November 2019 on the Protection of Human Rights Defenders in the North Kivu Province. The United Nations Joint Human Rights Office (UNJHRO) must support the calls of civil society and ensure the protection and promotion of defenders is part of its support to the government of the DRC. The Council will consider oral updates and hold an enhanced interactive dialogue with the High Commissioner and the team of international experts on the DRC on 30 March.
Egypt Notwithstanding the launch of a national human rights strategy, the fundamental purpose of which is to deflect international scrutiny rather than advance human rights, there has been no significant improvement in the human rights situation in Egypt since the joint statement delivered by States in March 2021. Since that time no consequential follow-up has occurred at the HRC, while the situation has further deteriorated on the ground. As witnessed by the world during COP27, the brutal crackdown on civil society in Egypt continues to intensify. Sustained, coordinated action on Egypt at the Council is more necessary than ever. Egypt continues to carry out widespread and systematic violations of human rights, including freedom of expression and freedom of assembly and association. The Egyptian authorities have for years employed draconian laws, including laws on counterterrorism, cybercrimes, and civil society in order to subdue the civilian populations and stifle all forms of peaceful dissent and mobilisation. Under the current government, Egypt ranks among the worst three countries in the world in the numbers of jailed journalists and almost all independent media has been forced to shut down or threatened into silence. Hundreds of websites continue to be banned. Scores of civil society and media representatives continue to be disappeared, tortured and arbitrarily detained under the pretense of counter-terrorism and national security.
While the release of a few select arbitrarily-detained activists is a sign that international pressure works, the number of releases pales in comparison to the vast numbers of individuals newly detained by the National Security Prosecution, or whose arbitrary detention was renewed in 2022. Between the reactivation of the Presidential Pardons Committee in April 2022 and the end of 2022, the authorities released around 900 people held for political reasons, but almost triple that number of suspected critics and opponents were interrogated by prosecutors and arbitrarily detained. ISHR reiterates the calls of more than 100 NGOs from around the world urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt.
Israel / OPT This session will consider a number of resolutions associated with the human rights situation in Israel and the Occupied Palestinian Territories, including with respect to the right of Palestinian’s to self-determination, as well as expanding and illegal Israeli settlements. Israeli policies and practices against Palestinian people have been found to constitute acts of apartheid by UN experts as well as by both international and national NGOs, while a HRC-mandated commission of inquiry has found that Israel’s permanent occupation and de facto annexation of Palestinian territory is likely unlawful. ISHR calls on all States to engage with these resolutions on their human rights merits, applying objective criteria in a principled and consistent way which upholds the right of self-determination as well as freedom from violence and discrimination. The Council will hold an interactive dialogue with the High Commissioner on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem on 3 March.
Nicaragua A year after the adoption of resolution 49/3, the UN system has continued to document a steady deterioration of the country’s multi-pronged human rights crisis: UN and IACHR documentation compiled by the Colectivo 46/2 point to the absence of any step taken to implement any of the 14 recommendations from resolution 49/3. Instead, the ruling party has seized absolute control over the country’s 153 municipalities in a 2022 electoral process characterised by ‘repression of dissenting voices and undue restriction of political rights and civil liberties,’ according to the OHCHR; canceled the legal status of more than 2500 civil society organisations; detained political prisoners in inhumane conditions; and allowed for the continuation of widespread attacks, including 32 killings since 2018, by armed settlers against indigenous peoples of the Northern Caribbean Coast. The Nicaraguan government has confirmed its diplomatic isolation by refusing to cooperate with six UN Treaty Bodies within a year prompting an unprecedented public condemnation by the UN’s two anti-torture committees. It has also retaliated against EMRIP member and Nicaraguan citizen Anexa Cunningham, by denying her entry into the country on July 9. We urge the Human Rights council to renew, for a period of two years, resolution 49/3 establishing the mandate of the Group of Human Rights Experts on Nicaragua, and the monitoring mandate of the OHCHR. We call on all governments to support such a resolution and reinforce its intersectional approach, by bringing particular attention to the situation of indigenous peoples and afro-descendants, migrants and forcibly displaced persons, those detained for political reasons and the families of victims.
Saudi Arabia According to ALQST‘s 2022 annual report, the Saudi authorities’ unleashed a new wave of repression in 2022. Familiar patterns of abuse continued, including arbitrary arrests, enforced disappearances and harsh restrictions on prisoners of conscience released from prison, including travel bans. However from mid-year onwards in particular, the Saudi courts started imposing jail sentences of unprecedented severity for peaceful, legitimate activity on social media, further deepening the climate of fear in the kingdom. Use of the death penalty increased sharply after a lull during the COVID period, with the biggest mass execution in recent times (of 81 men in a single day), and executions for non-violent drugs-related offences made a dramatic comeback. This intensification of repression went hand in hand with the progressive diplomatic rehabilitation of Saudi Arabia’s crown prince and de facto ruler, Mohammed bin Salman. We call on the HRC to respond to the calls of NGOs from around the world to create monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.
Sudan The Sudanese military and some political parties and civic groups signed a framework agreement to pave the way for a power transition to civilian forces in December 2022. But the agreement was not widely welcomed by local resistance movements, including resistance committees and some women’s groups. The protests continued across the country demanding a comprehensive transitional process that respects the people’s demands for accountability, peace, and justice. In the meantime, the security forces crackdown on protests is sustained, while the violations of freedoms of assembly, expression, and association continues. Following the political framework agreement, attacks on women human rights defenders (WHRDs) and women groups continued as the violence in conflict areas escalated. The HRC must ensure continued reporting on Sudan and to urge the international community to prioritise justice and accountability in any upcoming political solution. The Council will consider an oral update and hold an interactive dialogue with the High Commissioner and designated Expert on 3 March.
Ukraine In the face of overwhelming evidence of war crimes and crimes against humanity associated with Russia’s war of aggression against Ukraine, ISHR calls on the HRC to renew the mandate of the Commission of Inquiry on human rights in Ukraine associated with Russia’s war of aggression, including the mandate of the Commission to examine the root causes of the conflict such as the repression and criminalisation of human rights defenders and independent journalists in Russia. The Council will hold an interactive dialogue with the Commission of Inquiry on 20 March. The Council will also hold an interactive dialogue on the OHCHR report on Ukraine on 31 March.
Venezuela ISHR joins Venezuelan and international organisations in urging states to speak out against the NGO bill currently passing through the National Assembly in Venezuela. The ‘Law of Supervision, Regularization, Performance and Financing of Non-Governmental and Related Organizations’ seeks to criminalise and further restrict the work of NGOs in the country. During the HRC session, there will be two agenda items specifically focusing on Venezuela: the update from the High Commissioner on 21 March, and an oral update by the UN fact-finding mission on 23 March, which will be their first since their mandate was renewed by the Council, last September. The High Commissioner’s update will no doubt include impressions and recommendations drawn from his recently concluded first visit to Venezuela. These updates will take place at a time of ongoing political flux in the country, upcoming elections and – critically – further threats to civic space. During the interactive dialogues on Venezuela, States must continue to express concern at ongoing human rights and humanitarian crises in the country, at the introduction of the NGO bill and call for the release of the arbitrarily detained including human rights defender Javier Tarazona who has now been held for almost 600 days, wholly without justification.
Yemen ISHR joins civil society organisations from Yemen and around the world in urging the HRC to establish an independent international criminally focused investigative mechanism on Yemen. Before its untimely dissolution in 2021, the UN Group of Eminent Experts (GEE), established by the HRC in 2017, recommended that UN member States refer the situation in Yemen to the International Criminal Court (ICC), support the establishment of an international criminally focused investigative mechanism, and stressed the need to realise victims’ right to reparation. In late 2021, HRC members narrowly rejected a resolution that would have renewed the GEE’s mandate following lobbying by Saudi Arabia and the UAE. In September 2022, Saudi Arabia and Yemen rejected attempts by States to ensure continued discussion at the HRC of the ongoing human rights crises in Yemen. The international community should not stand by and allow the vote to disband the GEE to be the HRC’s last word on the situation, nor should they allow warring parties to continue to block formal discussions of large-scale human rights abuses, war crimes and the urgent need for accountability. A new, HRC-mandated mechanism is required to ensure that potential avenues of criminal accountability and reparative justice are effectively explored for Yemen and may be pursued now and in the future to address impunity and provide effective redress to victims.
Guatemala Guatemala’s recent UPR put a spotlight on the fast deterioration of democratic spaces in the country. Over twenty States raised attacks against indigenous, environmental, and other human rights defenders, and journalists. There has been a steady increase in attacks, with a record high of 1000 attacks by 2021 according to local groups. The government, meanwhile, made no reference to the issue during the review. States also shared concern about the erosion of judicial independence, an issue repeatedly highlighted by UN experts and officials. Over the past years, UN experts have exposed interference or blocking in the appointment of high level court judges. High Commissioner Volker Türk recently condemned a 70% increase in cases of intimidation and criminal charges against justice officials fighting impunity and corruption. A growing number of judges and legal professionals have fled the country since the government closed the UN’s International Commission Against Impunity in Guatemala (CICIG) in 2019. In 2021, UN and OAS experts denounced a ‘choking’ law that gave the government ‘wide scope to control NGOs’. In this context, space for Guatemalan civil society to safely advocate for human rights and expose violations, and for the judicial authorities to respond to abuses and uphold the rule of law has become dangerously narrow. These patterns create serious risks of further deterioration – in a trend that is also seen in neighbouring Central American countries – in the lead-up to the June 2023 presidential elections. High Commissioner Türk’s presentation of his Office’s report on Guatemala to the HRC in March will provide a critical window of opportunity for States to collectively urge Guatemala to engage with the OHCHR to meaningfully address and put an end to attacks against human rights defenders and justice officials, ensure judicial independence, and review laws and policies that restrict civil society space.
Other country situations
The High Commissioner will provide an oral update to the Council on 7 March. The Council will consider updates, reports and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include: Enhanced interactive dialogue with the Special Rapporteur on Eritrea Oral briefing and interactive dialogue with the International Commission of Human Rights Experts on Ethiopia ID with the Special Rapporteur on the Democratic People’s Republic of Korea and a presentation of the report of the High Commissioner Interactive Dialogue with the High Commissioner on Belarus Interactive dialogue with the High Commissioner, and interactive dialogue with the Special Rapporteur on Myanmar Interactive Dialogue with the Special Rapporteur on Iran Interactive Dialogue with the Commission of Inquiry on Syria Enhanced interactive dialogue with the Commission on Human Rights in South Sudan with the participation of the High Commissioner, and an interactive Dialogue on the OHCHR report on South Sudan High-level Dialogue with the Independent Expert on the Central African Republic Interactive dialogue with the Fact-Finding Mission on Libya #HRC52 | Council programme, appointments and resolutions During the organisational meeting for the 52nd session, held on 13 February, the President of the Human Rights Council presented the programme of work. It includes 7 panel discussions. States also announced at least 39 proposed resolutions.
Adoption of Universal Periodic Review (UPR) reports
During this session, the Council will adopt the UPR working group reports on Bahrain, Ecuador, Tunisia, Morocco, Indonesia, Finland, the United Kingdom, India, Algeria, Philippines, Brazil, Poland, the Netherlands, and South Africa.
Panel Discussions:
During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. 7 panel discussions are scheduled for this upcoming session: Biennial high-level panel discussion on the question of the death penalty. Theme: Human rights violations relating to the use of the death penalty, in particular with respect to limiting the death penalty to the most serious crimes High-level meeting commemorating the thirty-fifth anniversary of the Declaration on the Right to DevelopmentHigh-level panel discussion on UPR Voluntary Funds: achievements, good practices and lessons learned over the past 15 years and optimized support to States in the implementation of recommendations emanating from the fourth cycle Annual full-day meeting on the rights of the child [two accessible meetings]. Theme: Rights of the child and the digital environment Annual interactive debate on the rights of persons with disabilities. Theme: Support systems to ensure community inclusion of persons with disabilities, including as a means of building forward better after the COVID-19 pandemic Debate in commemoration of the International Day for the Elimination of Racial Discrimination. Theme: The urgency of combating racism and racial discrimination 75 years after the adoption of the Universal Declaration of Human Rights Annual high-level panel discussion on human rights mainstreaming. Theme: A reflection on five years of the United Nations Youth Strategy (Youth 2030): mapping a blueprint for the next steps Read here the three-year programme of work of the Council with supplementary information.
Read here ISHR’s recommendations on the key issues that are or should be on the agenda of the UN Human Rights Council in 2023.
True Heroes Films (THF) has published a timely portrait of Ales Bialiatski, winner of the Nobel Peace Prize 2022, drawn from an in-depth interview with him at the Paris Summit for Human Rights Defenders in Paris, October 2018.
Human rights defenders promote dignity, fairness, peace and justice in their homes, workplaces, communities and countries. They challenge governments that fail to respect and protect their people, corporations that degrade and destroy the environment, and institutions that perpetuate privilege and patriarchy. For many, the United Nations (UN) is the last arena in which they can confront abuses.
Human rights defenders must be able to share crucial information and perspectives with the UN safely and unhindered. Yet some States try to escape international scrutiny by raising obstacles – such as intimidation and reprisals – aimed at creating fear and systematically hindering defenders’ access to and cooperation with human rights mechanisms. See my post of today: https://humanrightsdefenders.blog/2022/09/20/human-rights-defenders-at-the-51st-session-of-the-un-human-rights-council/
This needs to change! Join the campaign of the International Service for Human Rights today so human rights defenders have a seat at the UN table.
What can you do? ISHR and partners have worked to support individual defenders and organisations that have endured multiple forms of reprisals and intimidation. Take action for them now and help #EndReprisals!
Here are two quick, impactful actions you can take:
Write to State representatives at the UN and urge them to take up cases from Belarus, Burundi, China, Egypt, and Venezuela Click to tweet a message in solidarity with the individuals or groups described in a specific case:
On Wednesday, November 3, the Centraĺny District Court in Homieĺ delivered the verdict in the politically motivated criminal case against two human rights defenders with the Homieĺ branch of Viasna, a leading Belarusian human rights group. The court sentenced the head of Viasna’s Homieĺ office Leanid Sudalenka and Viasna’s volunteer Tatsiana Lasitsa to three and two and a half years in prison, respectively.
18 international and Belarusian organizations call on Belarusian authorities to immediately annul the outrageous verdict and drop all charges against Sudalenka and Lasitsa, as well as five other members of Viasna who are currently in jail on politically motivated charges.
“Politically motivated prosecutions of Viasna members and volunteers are part of the ‘purge’ of Belarusian civil society declared by Aliaksandr Lukashenka and his government. Belarusian authorities’ targeting of Viasna in particular is no doubt designed to punish the organization for its outstanding and courageous human rights work over the course of 25 years.”
On October 14, the prosecutor’s office requested three years’ imprisonment for Sudalenka and Lasitsa on charges of “organizing, financing, training, and preparation of actions grossly violating public order and financing such activities.” The charges were backed by absurd “evidence,” such as Sudalenka’s Facebook post offering to buy firewood for the family of someone accused of “mass rioting” in connection with the peaceful protests of 2020.
Sudalenka and Lasitsa have been in pretrial detention for over nine months, having been arrested on January 18 and 21, respectively. Their trial began in early September and was held behind closed doors.
On January 18, authorities also detained Viasna’s volunteer Maryia Tarasenka in connection to Sudalenka and Lasitsa’s case. She was released under her own recognizance three days after the arrest. Tarasenka left Belarus after prosecutor’s office requested two and a half years imprisonment for her in October.
The other five Viasna members currently behind bars on politically motivated criminal charges are Ales Bialiatski, the founder and chairman of Viasna, Valiantsin Stefanovic, Viasna deputy chairman, Uladzimir Labkovich, a lawyer and coordinator of the group’s campaign “Human rights defenders for free elections,” Marfa Rabkova, coordinator of Viasna’s network of volunteers, and Andrei Chapyuk, a volunteer for Viasna in Minsk.
Around 100 Viasna human rights defenders and volunteers, as well as their family members, have also been interrogated and designated witnesses in criminal cases against their colleagues. At least seven have been designated suspects.
Belarusian law enforcement continues regular interrogations in connection with the criminal cases against Viasna employees, including activists of other civil groups and initiatives.
On September 17, 23 international and Belarusian human rights groups launched a campaign #FreeViasna, demanding the immediate release of the jailed Viasna human rights defenders. We continue calling on the Belarusian authorities to:
Fully abide by their international human rights obligations as a party to the International Covenant on Civil and Political Rights to respect the rights to freedom of association, peaceful assembly, and expression of all people in Belarus.
Fully respect the work of human rights defenders and lawyers and ensure that everyone can complain without fear of retaliation about actions and policies of individual officials and governmental agencies.
In line with these obligations, release Tatsiana Lasitsa, Leanid Sudalenka, Ales Bialatski, Valiantsin Stefanovic, Uladzimir Labkovich, Marfa Rabkova and Andrei Chapyuk immediately, drop all charges against Viasna staff and volunteers, including Maryia Tarasenka, and other human rights defenders, and ensure their right to a remedy for arbitrary detention and malicious prosecution.
Also woth mentioning is that on 4 November 2021 in response to the Belarusian authorities’ failure to respond satisfactorily to the 5 November 2020 Moscow Mechanism report, 35 OSCE states invoked the Vienna (Human Dimension) Mechanism and Belarus’ commitments under that Mechanism.
Signed:
Amnesty International
Article 19
Barys Zvozskau Belarusian Human Rights House
Belarusian Helsinki Committee
Center for Civil Liberties
Civil Rights Defenders
FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
Front Line Defenders
Helsinki Foundation for Human Rights
Human Rights Center Viasna
Human Rights House Foundation
Human Rights Watch
International Partnership for Human Rights
Libereco – Partnership for Human Rights
Norwegian Helsinki Committee
Östgruppen – Swedish Initiative for Democracy and Human Rights
Right Livelihood
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
Anastasiia Zlobina, Assistant Researcher for Europe and Central Asia at Human Rights Watch reports that on 25 October 2021, the Minsk Bar Association disbarred prominent Belarusian defense lawyer Natalia Matskevich, the latest in a wide-raging and politically motivated crackdown on lawyers.
Matskevich is one of four lawyers who represented Viktar Babaryka, former presidential contender arrested on politically motivated charges in June 2020 in the run-up to the August 9 election. In July 2021, Supreme Court sentenced Babaryka to 14 years in prison for “grand bribery” and “laundering of illicit funds.”
On October 20, the Justice Ministry suspended the license of Evgeni Pylchenka, a lawyer who also represented Babaryka, pending the outcome of a disciplinary case against him. Matskevich’s disbarment and Pylchenka’s suspension came soon after they had filed an appeal in Babaryka’s case. Their colleagues said these sanctions were “absurd” and based on “ridiculous” allegations, including “some [supposedly] incorrectly worded questions to witnesses during trial.”
In July, days after Babaryka’s verdict, authorities stripped his then-lawyer Dmitry Layevsky of his attorney’s license, citing “inappropriate comments about the work of his colleagues.” Prior to his disbarment, Layevsky had faced pressure from the authorities and the Minsk Bar Association.
In October 2020, the Justice Ministry terminated the license of Aliaksandr Pylchenka, another prominent member of Babaryka’s defense team, over supposed “incompetent comments to mass media”
According to Layevsky, Matskevich and Evgeny Pylchenka became “irreplaceable” in Babaryka’s case due to their detailed knowledge of the voluminous case as well as Babaryka’s trust in them.
Since August 2020, Belarusian authorities have been turning up the pressure on lawyers for publicly speaking out about human rights violations and in defense of clients in politically motivated cases. In addition to the obstruction of their work, lawyers have faced personal harassment such as threats, arbitrary detention, raids, revoked licenses, and administrative and criminal charges.
The Belarusian National Bar Association and its regional bars have continuously failed to protect their members.
In November, new restrictive amendments will enter into force, further increasing the Ministry of Justice’s authority over, and eviscerating the independence of, Belarusian lawyers. The arbitrary suspension and disbarment of Belarusian lawyers doesn’t just rob them of their ability to practice their profession, but undermines their clients’ right to legal counsel, and sends a chilling message of intimidation to their colleagues.
On October 26, the Belarusian human rights community issued a joint statement on their recognising another 12 persons as political prisoners, HRC Viasnareported. As of October 26, there are 833 political prisoners in Belarus on this list.
The updated list includes:
Syarhei Prus and Dzmitry Bondarau, who were sentenced under Part 3 of Article 130 of the Criminal Code to 5 years in a penal colony for creating and posting online a video calling for illegal actions against riot police officers of the Mahilioŭ regional department of internal affairs;
Dzmitry Sonchyk, who was sentenced under Art. 364 and Art. 369 of the Criminal Code to 5 years of imprisonment in a penal colony for insults and threats to police officers in comments in a Telegram channel in 2020 and 2021;
Andrey Razuvayeu , who was sentenced under Article 369 and 295 of the Criminal Code to 4 years in a penal colony for insulting a government official and keeping a small amount of hunting gunpowder;
Iryna Melkher, Anton Melkher, Halina Dzerbysh, Syarhei Razanovich, Lyubou Razanovich, Pavel Razanovich, who have been in custody on terrorism charges since early December 2020. According to the human rights defenders, they have not participated in any investigative actions, while the investigation is not formally completed, and the state propaganda resources back in 2020 claimed that the guilt and role of all those involved in the case was ‘established and proven’;
former investigator Yauhen Yushkevich. The circumstances of the new accusation of terrorism give grounds to believe that his detention may be arbitrary and related to his public activities, human rights activists stress;
Yauhen Buynitski, who was detained on charges under Part 3 of Art. 371 of the Criminal Code for organizing illegal border crossing by citizens fleeing arbitrary politically motivated persecution by the Belarusian authorities, which could have serious consequences for them – torture, cruel, inhuman, degrading treatment and illegal imprisonment.
On 25 June 2021 the FIDH issued a press release announcing a new website on Belarus. Since May 2020, the administration of Aliaksandr Lukashenka, the de facto president of Belarus, has intensified repression, aiming to crush the country’s democratic movement. A new website launched by the International Federation for Human Rights (FIDH) tracks, compiles, and presents detailed information on the human rights situation in the country, including on political prisoners, violations against vulnerable groups, and efforts to advance accountability for the regime’s crimes.
FIDH and its member organisation in Belarus, Viasna Human Rights Center, have been closely monitoring and documenting the human rights situation in Belarus over the past year. The website launched today is intended as a comprehensive resource compiling up-to-date data and statistics, and offering analysis and insight into violations, including from our local partners such as Viasna. The website tracks and provides detailed information on political prisoners—particularly human rights activists, lawyers, journalists, and other human rights defenders, describes violations against vulnerable groups currently imprisoned by the regime—and details ongoing efforts to further accountability for the regime’s crimes.
The website has four main sections, updated daily, reflecting the most recent developments in four key areas: monitoring events and reactions, exposing crimes and furthering justice, defending human rights activists, and supporting vulnerable groups.
Monitoring events and reactions
On Monday, the EU approved new sanctions against 78 individuals and eight companies believed to support the crackdowns on the democratic movement and the forced landing of Ryanair flight with Raman Pratasevich on board late last month. The same day, the UK, Canada, and the US joined this initiative and introduced new sanctions. At the European Council yesterday, the EU also approved economic sanctions against parts of Belarus’ potash, oil, and tobacco exports, as well as telecommunication and banking sectors. We are monitoring this situation and will publish updates as soon as further information is available.
Exposing crimes and furthering justice
On 19 June, the law “On Amendments to the Laws on Ensuring the National Security of the Republic of Belarus” came into force. Among other provisions, it grants law enforcement the right to use military and special equipment to suppress riots and stipulates that officers not be liable for harm caused as a result of the use of force and weapons. This is one of a series of recent laws—including one that expands the definition of extremism—that threaten protesters’ lives and liberties, under the guise of ensuring public order and national security, and that violate the International Covenant on Civil and Political Rights. FIDH, which is on the Advisory Council of the International Accountability Platform for Belarus, regularly issues statements analysing such laws, as well as communications to the UN Special Procedures, in order to further justice in the country.
Defending human rights activists
Many human rights defenders (HRDs) in Belarus face persecution due to their professional activity. To date, at least 21 of them have been charged with supposed crimes in an attempt to thwart their human rights activities. Most recently, on 18 June, lawyer Andrei Machalau, who was a defense attorney in many criminal cases against protests activists and HRDs, including TUT.by journalist Katsiaryna Barysevich, was disbarred for alleged violation of professional ethics. Machalau is one of at least 17 lawyers whose licenses have been revoked since May 2020. We endeavour to defend each and every one of them and gather the available information in a dedicated section of our website.
Supporting vulnerable groups
The current regime demonstrates a blatant disregard for human rights of children, women, pensioners, persons with disabilities, and other vulnerable groups. Despite the overwhelmingly peaceful nature of the protest movement, hundreds of representatives of these groups have been detained, and sometimes beaten, for simply displaying the white-red-white flag: the main symbol of the democratic movement. On Monday, the Belarusian Ministry of Interior proposed that the KGB add the white-red-white flag and slogan Zhyve Belarus (Long live Belarus) to the list of banned Nazi symbols. Should this initiative be approved, public use of such symbols could lead to administrative or even criminal liability—potentially devastating news for many minors, women, and other Belarusians who have galvanised the protest movement using these symbols. We will be following the situation and supporting those who may suffer restrictions on freedom of speech due to this and other legislation.
On 11 May 2021 Czech Radio announced that the annual One World festival of human rights documentary films got underway on Monday evening under the motto Connection Lost. The festival, which has moved entirely online due to Covid-19 restrictions, started by presenting its annual Homo Homini prize for human rights advocacy.
During the virtual opening ceremony on Monday evening, the People in Need foundation presented this year’s Homo Homini prize to four members of the Belarusian human rights organization Viasna, who have been persecuted for tracking detained protestors, documenting human rights violations and helping victims of police violence.
For the first time in the 25-year history of Homo Homini Award, it was presented to the same organization. People in Need director Šimon Pánek explained the decision to Czech Television: “15 years ago Ales Bialatski, founder of Viasna, received the Homo Homini Award. He saw what was happening at the time and put together a group of people to defend the rights of detainees. In the end, he himself ended up in prison.
“He was presented the award by Václav Havel, who said he hoped Belarus would live to see its 1989, but unfortunately, it hasn’t happened yet.
“For a while it looked as if Belarus has resigned, but the new generation of young people have not accepted the situation and despite the brutality of the regime, they have repeatedly taken to the streets.”
The festival, which runs until May 19, will present over a hundred films in 15 thematic categories, the main one focusing on technology and its impact both on the society and individuals. Some of the screenings will also be accompanied by live discussions as part of the One World Live Programme.
On 18 March, 2021 a Joint NGO Statement on Belarus was published: End Reprisals Against Human Rights Defenders:
The Belarusian authorities are conducting a targeted campaign of intimidation against civil society in an effort to silence all critics of the government. Following the disputed presidential election on 9 August 2020, hundreds of thousands of people across the country took to the streets to protest the announced result. Peaceful protests continue and reprisals against protesters continue too, with frightening regularity and increasing severity. Riot police have used unlawful force, detaining thousands of people. Allegations of torture and other ill-treatment in detention are widespread. Over 33,000 people have been arbitrarily arrested for taking part in peaceful demonstrations or voicing their dissent and an increasing number are being prosecuted under trumped up criminal charges and handed prison sentences. [see: https://www.trueheroesfilms.org/thedigest/laureates/b5785052-8efa-42e7-8508-d6de0a8c1b3d]
Human rights defenders have played an invaluable role in documenting these violations, providing legal assistance, and advising people of their rights. The Belarusian authorities are now escalating pressure on human rights defenders by imposing unfounded criminal charges, opening bogus criminal investigations, and conducting raids and searches in retaliation for these defenders’ legitimate human rights work. Some are in pre-trial detention or under house arrest and there are allegations they have been subjected to torture and other ill-treatment. The authorities have compelled lawyers for most of these activists to sign non-disclosure agreements that bar them from sharing any information about the investigation.
Office for the Rights of People with Disabilities
In January 2021, authorities targeted the Office for the Rights of People with Disabilities, and its director, Syarhei Drazdouski, and lawyer, Aleh Hrableuski, are now under house arrest and in pretrial detention, respectively. The Office is a well-respected NGO that has been supporting people with disabilities by offering them legal advice and advocating for compliance with the Convention on the Rights of Persons with Disabilities.
On 21 January, the Financial Investigations Department of the State Control Committee of Belarus visited the office and the homes of Syarhei Drazdouski and Aleh Hrableuski simultaneously (allegedly to inspect the scene of the crime). They removed computers, phones, and some documents. They also took statements from both men.
On 21 January, the Financial Investigations Department published a message on its official website launching a process of verification into the activities of the members of the Office for the Rights of Persons with Disabilities as a part of an investigation into “possible inappropriate acquisition of funds received in the form of charitable contributions and international support in the period from 2020 to the present for the purpose of providing assistance to Belarusian citizens with disabilities”.
Siarhei Drazdouski commented in a Facebook post on 3 February:
“Allegedly we were financially supporting people accused of taking part in protest actions. In fact, we advised several victims [of human rights violations] – both people with disabilities and without – to seek help from lawyers.”
Allegations of Torture and Other Ill-Treatment
On 2 February 2021, Syarhei Drazdouski and Aleh Hrableuski were questioned for seven hours at the Financial Investigations Department. Their lawyers were not allowed to accompany them, and they were subjected to ill-treatment.
According to Syarhei Drazdouski, the interrogators, who did not introduce themselves, openly called him a “criminal, a fraudster, a liar and an accomplice.” While the interrogation was mostly conducted politely, several times other staff members came in and insulted and aggressively swore at him.
Aleh Hrableuski reported that, when he continued to refuse to give them the information they demanded, he was restrained, forcibly stripped naked and made to sit naked on a chair and not raise his eyes. Investigators eventually released him.
On 3 February 2021, both men were taken for questioning again, but this time Hrableuski was remanded in custody and Drazdouski was put under house arrest. Their lawyers were forced to sign non-disclosure agreements, as is increasingly the practice in Belarus, and very little information is available about the charges against them.
Viasna
On 16 February 2021, the Belarusian authorities carried out raids simultaneously throughout the country on the homes of staff and offices of Human Rights Centre Viasna, the Belarusian Association of Journalists and the independent trade union REP. The raids were carried out in Minsk, Homel, Mahilyou, Vitsebsk, and Brest as part of unfounded criminal proceedings under Article 342 of the Criminal Code of Belarus (organization and preparation of actions that grossly violate public order), which the authorities have launched to target civil society activists, journalists, and human rights monitors. According to Belarus’ Investigative Committee, the investigation is aimed at “establishing the circumstances of the financing of protest activities”. (see also: https://humanrightsdefenders.blog/2021/02/24/fake-letter-tries-to-discredit-viasna-in-belarus/]
Dzmitry Salauyou, a human rights defender and member of the Board of Human Rights Centre Viasna, was among those whose homes were searched on 16 February. Special forces and officers from the Department for the Prevention of Organized Crime and Corruption, a police unit also involved in the harassment of protesters, broke down the door to his flat to enter and carry out the search. They confiscated computers and telephones and demanded that his wife tell them the password for her mobile phone. They threatened that if she did not comply, she would go to prison, and their 13-year-old child would be put in state custody. Dzmitry Salauyou was detained and alleges that he was beaten by special forces in the mini-bus on the way to the pretrial detention centre. Subsequent medical reports documented head trauma consistent with being hit on the head, increased intracranial pressure, and suspected damage to cervical vertebrae.
On 18 February, he was sentenced to 12 days’ detention on administrative charges for holding an “illegal picket.” The conviction was based solely on the fact that the building in which Dzmitry Salauyou lives has a concrete frieze depicting Belarus’ historical coat of arms, Pahonia, which has been adopted as one of the symbols of the protest movement. According to the judge, the Pahonia is considered a symbol of protest and could be considered evidence of “staging a one-person picket”. Dzmitry Salauyou told the court that the frieze had been installed when the house was built about eight years ago.
On 1 March, the day following his release, Dzmitry Salauyou was detained at Minsk airport as he was trying to leave the country with his family. The Investigative Committee interrogated him at their offices as a suspect in a criminal case under Article 342(2) of the Criminal Code of Belarus (‘training or other preparation of individuals to take part in group actions that gravely violate public order’), which carries a maximum sentence of two years’ imprisonment. He was released but is under travel restrictions. Both Dzmitry Salauyou and his lawyer were forced to sign non-disclosure agreements.
Other Members of Viasna Accused of Criminal Offences
Marfa Rabkova, the youth coordinator of Human Rights Centre Viasna, was arrested on 17 September 2020, and has been in pretrial detention ever since. On 25 September, she was charged under Article 293(3) of the Criminal Code of Belarus (‘training and other preparation of people for participation in mass riots’), which carries a maximum prison sentence of three years. On 11 February 2021, she was also charged under Article 130(3) of the Criminal Code, (‘incitement of racial, national, religious or other social hatred or discord committed by a group’), and under Article 285 (2) of the Criminal Code (‘membership of a criminal organization’) which carries a maximum sentence of 12 years’ imprisonment.
Andrei Chepyuk, a volunteer for Human Rights Centre Viasna in Minsk, was detained on 2 October 2020 and on 9 October he was charged under Article 293(2) of the Criminal Code of Belarus (participation in mass disorder). On 28 January 2021, it became known that he is also charged under Article 285(2) of the Criminal Code (‘membership of a criminal organization’). He is being held in pretrial detention centre No.1 in Minsk.
Tatsyana Lasitsa, an activist who volunteers for Human Rights Centre Viasna in Homel, was detained on 21 January. She had assisted with the legal defense of people detained and fined for their participation in protests. She has been charged under Article 342 (1) and (2) of the Criminal Code of Belarus (‘organization or participation in group actions that gravely violate public order’). She is being held in the pretrial detention centre in Homel.
Leanid Sudalenka, the director of the Homel branch of Human Rights Centre Viasna, was detained on his way to the office on 18 January 2021. He has been charged under Article 342 of the Criminal Code (‘organizing and preparing actions that gravely violate public order or active participation in such actions’). Sudalenka had provided legal assistance to dozens of Homel region residents who were detained and charged for their participation in post-election protests. He is being held in pretrial detention in Homel. In 2019 he was awarded two prizes for his human rights work over 20 years, the French prize Freedom Equality and Brotherhood, and a National Belarusian Prize as Human Rights Defender of the Year.
We call on the Belarusian authorities:
To abide by their international human rights obligations as a party to the International Covenant on Civil and Political Rights to respect the rights to freedom of association, peaceful assembly, and expression of all people in Belarus.
To fully respect and protect the work of human rights defenders and ensure that everybody has the right to complain about the policies and actions of individual officials and government bodies and to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.
In line with these obligations, to release Marfa Rabkova, Andrei Chepyuk, Tatsyana Lasitsa, Leanid Sudalenka, Syarhei Drazdouski, and Aleh Hrableuski immediately and unconditionally as they have been detained for their legitimate human rights work, drop charges against them and ensure their right to a remedy for unfounded criminal prosecution.
To comply with their international human rights obligations under the UN Convention against Torture and carry out prompt, independent, and impartial investigations into the allegations of torture and other ill-treatment by Syarhei Drazdouski, Aleh Hrableuski, and Dzmitry Salauyou
To comply with their international human rights obligations under the UN Convention on the Rights of Persons with Disabilities, including the rights of all persons deprived of their liberty to reasonable accommodations and the right to effective access to justice on an equal basis with others, including through the provision of procedural accommodations in all legal proceedings, including at investigative and other preliminary stage.
On 21 June 2014 it was reported by AP and others that prominent Belarusian human rights defender Ales Bialiatski was finally released from prison that day. The 51-year-old leader of the NGO Vyasna, was released 20 months ahead of schedule. Supporters greeted Bialiatski at a train station in the capital, Minsk, after he traveled from prison.”The international support and the support back home, this is what brought about my release,” Bialiatski told reporters, “I will continue to do what Ive been doing.” [6 people remain in prison for political activism, including former presidential candidate Nikolai Statkevich]
SIARHEI LESKIEC / AFP
Hans Thoolen on Human Rights Defenders and their awards 
