{"id":5382,"date":"2023-03-15T16:23:25","date_gmt":"2023-03-15T13:23:25","guid":{"rendered":"https:\/\/d9lb3qyw8jhbr.cloudfront.net\/?p=5382"},"modified":"2023-03-15T16:23:25","modified_gmt":"2023-03-15T13:23:25","slug":"overview-of-the-fight-against-extremism-in-belarus-for-october-december-2022","status":"publish","type":"post","link":"https:\/\/d9lb3qyw8jhbr.cloudfront.net\/en\/overview-of-the-fight-against-extremism-in-belarus-for-october-december-2022\/","title":{"rendered":"Overview of the fight against \u201cextremism\u201d in Belarus for October-December 2022<\/strong>"},"content":{"rendered":"\n
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The review reflects the main trends in the use of markers \u201cextremism\u201d and \u201cterrorism\u201d in Belarus from October to December 2022. We investigate the publications of state media, pro-government Telegram channels, independent media and human rights organizations. This review does not cover the analysis of the practice of using separately \u201cprotest\u201d (\u201cmass riots,\u201d \u201cactions grossly violating public order\u201d) and most of \u201cdefamatory\u201d (crimes related to \u201cinsult\u201d and \u201cslander\u201d against representatives of the regime) articles of the Criminal Code, which are also part of the \u201canti-extremist\u201d legislation.<\/p>\n\n\n\n

State bodies and state media continued to use \u201cextremism\u201d as an instrument of political pressure and persecution of civil society representatives. Legislation is becoming increasingly repressive: the death penalty can now be applied to civil servants and the military who are accused of treason; parliament is discussing criminal liability for discrediting the army and promoting terrorism; the authorities introduced a ban on the activities of tour guides convicted for \u201cpolitical\u201d reasons; \u201cincitement of enmity\u201d can become a new basis for banning the activities of parties and public associations.<\/p>\n\n\n\n

For three months, we know of at least 129 new criminal cases, 89 sentences, and 127 cases of administrative offenses on \u201cextremist\u201d grounds, not counting cases related to \u201cprotests\u201d and \u201cinsults\u201d. During the analyzed period, the maximum recorded punishment for \u201cextremism\u201d is 25 years in prison. Also, covering one of the detentions of a man for \u201cextremist comments,» the security forces said that \u201cthe result of his activities\u201d was the initiation of 58 criminal cases at the same time.<\/p>\n\n\n\n

The analyzed period was marked by the first trials in absentia of opposition representatives who were abroad, followed by the confiscation of their property. The deanonymization of civil servants is increasingly equated with \u201cinciting social enmity\u201d. Detentions resumed for comments on the death of civil servants. There is a wave of convictions on charges of \u201ccalling for causing harm to national security\u201d against labor union activists who called for disobedience to the authorities at state-owned enterprises. For the first time, a verdict was passed for an interview with \u201cextremist\u201d media under an article on \u201caiding extremism\u201d. The attention of the security forces to the Belarusian paramilitary units created abroad in the framework of accusations of \u201ccreating an extremist formation\u201d is increasing. The courts continued to issue extremely harsh sentences against people who carried out resistance actions to destroy state property or the property of government officials \u2013 all such actions were interpreted as \u201cterrorist activities\u201d. The moderation of social networks of opposition organizations recognized as \u201cterrorist\u201d began to be interpreted by the security forces as \u201cparticipation in a terrorist organization,\u201d and people who gave information to Belarusian organizations located abroad began to be punished for \u201ctreason against the state\u201d.<\/p>\n\n\n\n

An increase in the practice of criminal punishment for the dissemination of Nazi symbols, including in the form of tattoos, has been recorded. For the first time, the opposition motto was included in the List of Nazi Symbols \u2212 the slogan \u201cLong live Belarus!\u201d. Punishments for subscribing to opposition resources have ceased to be isolated precedents and have become a part of repressive practices on an ongoing basis. The courts began to recognize postal parcels, podcasts on streaming platforms, Telegram chats of Belarusian diasporas, Ukrainian patriotic songs as \u201cextremist materials,\u201d and for the first time a non-profit organization was added to the list of \u201cextremist formations\u201d. The latest up-to-date updates of all \u201cextremist\u201d lists can be found in the specialized Telegram channel \u201cWho is today?\u201d<\/a>.<\/p>\n\n\n\n

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Legislative changes<\/strong><\/h2>\n\n\n\n
    <\/ol>\n\n\n\n

    The Belarusian authorities continue to use the rule of law as a repressive tool to oppress, intimidate and persecute dissidents. From October to December 2022, we recorded 4 legislative changes that are directly or indirectly related to \u201cextremism\u201d.<\/p>\n\n\n\n

    On December 7, 2022, the House of Representatives in the first reading adopted the bill \u201cOn Amending the Codes on Criminal Liability,\u201d introducing new categories of \u201cextremist\u201d crimes into the Criminal Code, as well as expanding the grounds for applying the death penalty. In particular, the draft law provides for the introduction of the death penalty for high treason (Article 356 of the Criminal Code) committed by an official holding a public position or a person covered by the status of a military man. The press service of the body notes<\/a> that these measures are proposed for the purpose of \u201cdeterrent effect on destructive elements\u201d. Obviously, the amendments will be used to intimidate government officials in order to prevent their interaction with opposition structures located abroad, as well as to counteract any form of disloyalty. The bill also introduces changes directly related to the preparation of the regime for a possible armed conflict. Thus, the document introduces an amendment to the disposition of Article 369-1 of the Criminal Code (\u201cDiscrediting the Republic of Belarus\u201d) in order to establish responsibility for the dissemination of deliberately false information that discredits the Armed Forces, other troops and military formations, paramilitary organizations of the Republic of Belarus. These changes will become the basis for \u201cmilitary censorship\u201d in the event of both a civil or interstate armed conflict involving Belarusian troops, as well as expand the possibilities of repression for criticizing the actions of the security agencies (similar changes<\/a> to establish responsibility for \u201cdiscrediting the army\u201d were made in the Russian Federation a few days after the start of the aggression against Ukraine). Finally, the draft Law of the Criminal Code is supplemented by<\/a> Article 289-1 \u201cPropaganda of terrorism,\u201d which is likely to be used to limit information about cases and methods of forceful confrontation with the authorities, almost all of which are interpreted by the security forces as \u201cterrorist activity\u201d.<\/p>\n\n\n\n

    On December 7, 2022, the Council of Ministers adopted Decree No. 839<\/a>, which introduces a ban on professional certification of guides and guide-interpreters convicted under \u201cprotest\u201d and \u201cdefamation\u201d articles of the Criminal Code, as well as for \u201cincitement of enmity,» \u201cconspiracy,\u201d \u201ccalls to harm national security,\u201d and other \u201cextremist\u201d crimes. A ban on attestation was also introduced for people who were tried under the \u201cpolitical\u201d articles of the Code of Administrative Offenses, in particular for the distribution of \u201cNazi symbols\u201d and \u201cextremist materials\u201d (Articles 19.10 and 19.11 of the Code of Administrative Offenses), and also for \u201cviolating the procedure for organizing mass events\u201d (Article 24.23 of the Code of Administrative Offenses) and other offenses. The document is aimed at suppressing the interpretation of historical and political events that is objectionable to the regime and removing obstacles to the further spread of propaganda.<\/p>\n\n\n\n

    On December 14, 2022, the House of Representatives adopted in two readings<\/a> a bill to amend the law \u201cOn Citizenship of the Republic of Belarus,\u201d which will allow depriving Belarusians of citizenship, even if they acquired it by birth. The grounds for deprivation of citizenship are a sentence confirming the participation of a person in \u201cextremist activity\u201d or causing \u201cgrievous harm to the interests of the Republic of Belarus,\u201d as well as the fact that the accused person is abroad. The law explains that a term \u201cextremism\u201d will be interpreted within the list of crimes from 55 articles of the Criminal Code. You can learn more about this bill in our previous review<\/a>.<\/p>\n\n\n\n

    On December 20, 2022, the deputies adopted in the second reading<\/a> a draft law on state statistics, which allows limiting the dissemination of statistical data in case of a threat of harm to the national security of the country.<\/p>\n\n\n\n

    On November 22, 2022, Deputy Minister of Justice Oleg Kot spoke about the upcoming changes to the legislation on public associations<\/a> and political parties<\/a>. For parties and associations, a ban will be introduced on propaganda of social, national, religious or racial enmity, as well as on terrorist and other activities prohibited by law or allowing the possibility of their implementation. Also, the relevant draft law \u201cwill correct restrictions related to the name and symbols of a political party \u2013 they should not serve the purpose of propagating war, terrorist, extremist, and other prohibited activities or allowing for the possibility of their implementation\u201d. One of the grounds for the liquidation of the relevant organizations will be the inconsistency of their activities with the main directions of domestic and foreign policy, as well as the National Security Concept. Given the extremely broad legislative interpretations of terms related to \u201cextremism\u201d and \u201cterrorism,\u201d these innovations are very likely to be used to put pressure on civil society in Belarus, restrict the right to freedom of association, and support only \u201cpro-government\u201d activism<\/p>\n\n\n\n

    \u201cExtremism\u201d and the war in Ukraine<\/strong><\/h2>\n\n\n\n

    This is the fourth review in which we record incidents related to Russian aggression in Ukraine with the support of the Belarusian authorities. We continue to record the use of \u201canti-extremist\u201d legislation to prosecute those who are against the war and the involvement of Belarus in military actions.<\/p>\n\n\n\n

    2.1. Criminal cases related to Belarusian units fighting on the side of the Armed Forces of Ukraine<\/strong><\/h3>\n\n\n\n
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    The analyzed period is marked by increased attention to the Kalinovsky Regiment military detachment, which is part of the Armed Forces of Ukraine (AFU), and which is often called \u201cterrorist\u201d in pro-government sources. Pressure on the Regiment is carried out in various formats: the initiation of criminal cases against the fighters of the unit and their relatives, the persecution of potential volunteers, the suppression of any material assistance.<\/p>\n\n\n\n

    On October 11, 2022, the Investigative Committee opened a criminal case<\/a> against the creators and participants of the Kalinovsky Regiment under Article 361-1 of the Criminal Code (\u201cCreation of an extremist formation or participation in it\u201d). According to investigators, Belarusians from foreign diasporas decided to create this unit \u201cinspired by the ideas of nationalism and following the patterns of the chauvinist ideology of the armed groups of the neighboring country\u201d. In the reports of state bodies, members of the unit are called \u201cmercenaries\u201d for propaganda purposes, despite the fact that the Regiment is a structural unit of the regular troops of Ukraine, and the unit itself appears in the reports of the security forces as a \u201cNazi formation\u201d<\/a>. On November 4, 2022, a criminal case was initiated<\/a> against another Belarusian unit, this time against opposition leader Vadim Prokopiev and \u201cother persons\u201d for creating the Pagonya regiment and participating in its activities.<\/p>\n\n\n\n

    There are three new cases of detentions of people who registered in the Regiment\u2019s chatbots and expressed a desire to join it. On October 22, 2022, information appeared about the detention<\/a> of a resident of Homel, who registered as a volunteer, but then changed his mind about taking any practical actions. On November 8, 2022, the state TV channel STV aired a story about the detention<\/a> of five potential volunteers by employees of the State Security Committee (hereinafter referred to as the KGB). The program states that \u201call of them were detained brutally, if you like — harshly\u201d. Also, a resident of Astravets was detained<\/a> for trying to join the Ukrainian battalion \u201cAzov\u201d in 2020 and the Belarusian unit \u201cTerror\u201d in 2022, also fighting on the side of the AFU.<\/p>\n\n\n\n

    The period was also marked by 2 sentences: a resident of Minsk was sentenced <\/a>to 4 years in prison for contacting representatives of the Regiment, and a resident of Gomel was sentenced<\/a> to 2 years and 1 month in prison for attempting an unauthorized crossing of the border with Ukraine in order to participate in the armed conflict in Ukraine. Reprisals against potential volunteers are carried out under Article 361-3 of the Criminal Code (\u201cParticipation on the territory of a foreign state in an armed formation or armed conflict, military operations, recruitment or training of persons for such participation\u201d). It should be noted that only people who wish to participate in the war in Ukraine on the side of the AFU are being persecuted. Information about criminal cases against Belarusians fighting on the side of the Russian Federation has not been recorded.<\/p>\n\n\n\n

    There was information about the first detentions for material assistance to the Regiment. On October 24, 2022, with the support of the Special Purpose Mobile Unit (OMON), a resident of Gomel was detained<\/a> \u2013 she sent a donation to Regiment’s account. She was charged under Article 361-2 of the Criminal Code (\u201cFinancing of extremist activities\u201d).<\/p>\n\n\n\n

    Pressure on the relatives of the active fighters of the unit has intensified. It is known about the detention of the<\/a> brother of the deceased volunteer Vasily Parfyankov for subscribing to \u201cextremist channels,\u201d and about a search<\/a> in the house of the mother of the deceased soldier with the call sign \u201cVolat,\u201d which was accompanied by a complete destruction of the place of residence. Later, a criminal case was initiated against the woman<\/a> under Article 361-4 (\u201cAiding extremist activity\u201d) for \u201cfilling Regiment\u2019s Internet resources with content, and also giving an interview to the \u201cextremist\u201d channel Belsat.<\/p>\n\n\n\n

    2.2. Persecution for condemning Russian aggression on social media<\/strong><\/h3>\n\n\n\n

    The practice of criminal prosecution for \u201cinciting national enmity\u201d against people who criticize the actions of the Russian Federation on the territory of Ukraine on the Internet, as well as leaving negative comments about Russian military personnel and officials or about Russians in general, is expanding. In total, at least 16 arrests are reported for sharply critical comments on social networks: for example, it is known about persecution for \u201cjoy at the death of Russian military personnel,\u201d<\/a> forwarding posts about the movement of Russian military men condemning their actions<\/a>, criticism of the leaders of the Orthodox Church supporting the war<\/a>, comments calling for \u201cburning Pskov,\u201d<\/a> calls for Ukrainians to strike at Belarusian airfields<\/a> and other actions. During some detentions, practices degrading the dignity of detainees were recorded:<\/p>\n\n\n\n