{"id":6916,"date":"2024-11-13T17:23:45","date_gmt":"2024-11-13T14:23:45","guid":{"rendered":"https:\/\/d9lb3qyw8jhbr.cloudfront.net\/?p=6916"},"modified":"2024-11-13T17:23:48","modified_gmt":"2024-11-13T14:23:48","slug":"death-penalty-for-terrorism-and-mass-sentences-for-helping-political-prisoners-review-of-the-fight-against-extremism-in-belarus-for-july-september-2024","status":"publish","type":"post","link":"https:\/\/d9lb3qyw8jhbr.cloudfront.net\/en\/death-penalty-for-terrorism-and-mass-sentences-for-helping-political-prisoners-review-of-the-fight-against-extremism-in-belarus-for-july-september-2024\/","title":{"rendered":"Death penalty for \u201cterrorism\u201c and mass sentences for helping political prisoners: review of the fight against \u201cextremism\u201c in Belarus for July\u2013September 2024"},"content":{"rendered":"\n
This review highlights the key trends in state policy against \u201cextremism\u201d and \u201cterrorism\u201d in Belarus and its impact on human rights from July to September 2024.<\/p>\n\n\n\n
During this period, state agencies and state-controlled media continued to employ \u201canti-extremist\u201d legislation as a tool for widespread human rights violations and persecution of civil society representatives and individuals perceived as disloyal to the Belarusian or Russian political regimes.<\/p>\n\n\n\n From July to September 2024, Human Constanta documented at least 142 new criminal cases and 119 sentences based on \u201cextremist\u201d grounds, not including cases related to participation in peaceful protests or insults against officials. In total, approximately 800 human rights violations were documented over three months due to \u201canti-extremist\u201d legislation implementation, including at least 310 sentences<\/a> in related criminal cases and at least 135 administrative detentions.<\/p><\/blockquote><\/figure>\n\n\n\n For the first time, the maximum penalty under \u201cextremism\u201d charges was recorded during the monitoring period: the death sentence. For the first time in Human Constanta’s monitoring history, a death sentence was handed down to a foreign citizen, Riko Krieger, for \u201cparticipation in terrorist activity\u201d; however, he was later pardoned and handed over to the German authorities. The period was also marked by numerous trials concerning sabotage in Belarus allegedly conducted under the \u201cpatronage of Ukrainian special services,\u201d with charges including \u201cacts of terrorism\u201c and \u201chigh treason.\u201d For some of these cases, the accused also face the death penalty.<\/p>\n\n\n\n An amnesty of at least 115 political prisoners convicted on \u201cextremist\u201d grounds was carried out during this period, primarily benefiting women, the elderly, and seriously ill individuals. Despite these releases, the authorities continue the policy of mass arrests and persecution of disloyal citizens. More people were detained during the reporting period than were pardoned.<\/p>\n\n\n\n The article on \u201cincitement of enmity\u201d continued to be used to prosecute individuals for critical and anti-war comments and for providing personal data of law enforcement officers to opposition resources. During the period, arrests were reported for comments justifying attacks on police officers due to their involvement in human rights violations.<\/p>\n\n\n\n The period was also marked by ongoing \u201cconveyor\u201d trials in absentia<\/em> against activists and opposition leaders abroad under conspiracy charges. The authorities intensified arrests of alleged administrators of independent socio-political Telegram channels, along with mass repressions against associations with educational initiatives deemed \u201cextremist formations.\u201d For the first time, members of a religious movement referred to as a \u201csect\u201d by pro-government sources were subjected to persecution under \u201cextremist\u201d grounds.<\/p>\n\n\n\n Traditional \u201cconveyor\u201c trials were held on charges of \u201cdistribution of extremist materials.\u201d In the Lenin District of Hrodna alone, around 250 such cases were recorded. For the first time, human rights defenders documented the use of forced labor as punishment for those detained on charges of \u201cdistribution of extremist materials.\u201d Additionally, individuals were increasingly prosecuted for tattoos on their bodies that signified a negative stance toward the police.<\/p>\n\n\n\n The list of \u201cextremist materials\u201d was primarily supplemented by personal Instagram and \u201cX\u201d pages of opposition politicians, human rights defenders, and activists, as well as various Ukrainian media resources. Non-governmental organizations, including educational ones, were increasingly included in the list of \u201cextremist formations.\u201d For the first time in a long while, the list of \u201cterrorist organizations\u201d was updated to include a Belarusian organization \u2013 a unit of Belarusians fighting in Ukraine against Russian aggression. It was reported that during the period, the authorities blocked more than 5,000 resources belonging to independent media, NGOs, and opposition movements. Prosecutorial workers have increased propaganda events in educational institutions and state enterprises, where they discuss the \u201cgenocide of the Belarusian people\u201d and intimidate the public with the responsibilities for \u201cextremist\u201d crimes and violations.<\/p>\n\n\n\n The reporting period saw several amnesties in which people convicted of \u201cextremist\u201c crimes were released.<\/p>\n\n\n\n On July 3, 2024, Aliaksandr Lukashenka signed the Law<\/a> \u201cOn Amnesty in Connection with the 80th Anniversary of the Liberation of Belarus from Nazi Invaders.\u201d Human rights defenders know of at least 18 political prisoners who were released. According to the law, criminal penalties could be reduced for minors, pregnant women, people with disabilities, or serious illnesses; however, the amnesty was not intended to apply to individuals on the \u201cextremists\u201d or \u201cterrorists\u201d lists or those convicted of certain political offenses under the Criminal Code. Nonetheless, at least 18 released political prisoners were known to human rights defenders. Among those released were four women and 14 men, including opposition politician Ryhor Kastusyou<\/a>, sentenced to 10 years for \u201cparticipation in a conspiracy\u201d; Darya Losik<\/a>, wife of political prisoner journalist Ihar Losik, convicted for giving an interview to an \u201cextremist\u201d media outlet; Sviaatlana Lupach<\/a>, daughter of journalist Zmitser Lupach, convicted for participating in peaceful protests; Palina Palavinka<\/a>, wife of journalist Zmitser Luksha, convicted for creating journalistic materials that \u201cdiscredited Belarus\u201c; Katsyaryna Madziankova<\/a> and Tamara Ostreyka<\/a>, convicted for participating in peaceful protest actions. Some prisoners were released by amnesty and others by personal pardon from Lukashenka.<\/p>\n\n\n\n On August 16, 2024, Aliaksandr Lukashenka signed<\/a> another decree pardoning 30 political prisoners. According to pro-government sources, among those pardoned were 14 women and 16 men, some of whom have serious illnesses or are elderly. Pro-government activist Yury Vaskrenski reported<\/a> 900 clemency requests from political prisoners submitted to the Belarusian authorities. It is known that he called the relatives of political prisoners, informed them of the conditions for clemency, and encouraged them to write petitions. On August 22, 2024, the BYSOL Emergency Humanitarian Aid Service reported<\/a> the release of 22 political prisoners, including journalists Kseniya Lutskina<\/a> and Zmitser Luksha<\/a>; trade union activist Vasil Berasnieu<\/a>; Iryna Sankouskaya<\/a>, Alena Stabrouskaya<\/a>, Ala Zueva<\/a>, Katsyaryna Leu<\/a>, Natallya Pyatrovich<\/a>, Tamara Karavai<\/a>, Yauhen Chumila<\/a>, Pavel Kuchynski<\/a>, convicted for internet comments; Volha Novikava<\/a> and Svyatlana Palyuektava<\/a>, convicted for participating in peaceful protests. Requests for clemency from political prisoners before Lukashenka’s decrees are considered by the \u201cCommission for the Review of Appeals from Citizens of the Republic of Belarus Abroad on Their Violations of the Law,\u201d headed by the Prosecutor General.<\/p>\n\n\n\n On September 4, 2024, Aliaksandr Lukashenka signed<\/a> another decree, No. 343, \u201cOn the Pardon of Convicted Persons,\u201d under which he pardoned 30 more people convicted of \u201ccrimes\u201c related to peaceful protests. Among those pardoned were seven women and 23 men, most of whom are parents of minor and young children. According to Prosecutor General Andrei Shved, these individuals \u201cwere mainly convicted of insult and defamation on the internet.\u201d As of the evening of September 5, 2024, human rights defenders know the names of seven people released at this stage of the pardon, including Viktoriya Haurylina<\/a>, Dziyana Zavadskaya<\/a>, and Maryna Kisialevich<\/a>.<\/p>\n\n\n\n On September 16, 2024, Aliaksandr Lukashenka signed<\/a> another decree pardoning another 37 political prisoners ahead of \u201cNational Unity Day\u201d on September 17, 2024. Among those pardoned were six women, as well as people with chronic illnesses or disabilities and elderly individuals. Pro-government media called the release of political prisoners \u201canother act of humanity on the part of the state toward those who have erred\u201d and indicated<\/a> that further pardons should be discussed with representatives of Western countries, who should offer \u201csomething in return\u201d and \u201crespond with positive actions.\u201d By the evening of September 18, 2024, human rights defenders knew the names of all 37 individuals released at this stage of the pardon, including:<\/p>\n\n\n\n Thus, in four stages of clemency starting July 3, 2024, 115 political prisoners were released. However, the releases affected a small fraction of the total number of arbitrarily detained and unjustly convicted individuals on \u201cextremism\u201d and \u201cterrorism\u201d charges.<\/p>\n\n\n\n On August 12, 2024, a draft Law \u201cOn Amendments to the Codes on Criminal Liability Issues\u201d<\/a> was published. The law proposes adding a new article 375-3 to the CC (\u201cUnauthorized Dissemination of Information on the Location or Movement of Military Units, Armaments, Military Equipment, and Ammunition\u201d). The article provides for liability for \u201cdissemination of information about the location or movement of units, armaments, military equipment, and ammunition of the Armed Forces of the Republic of Belarus, other troops, and military formations of the Republic of Belarus within the territory of the Republic of Belarus, if such information has not been officially distributed, committed during a counter-terrorism operation, a state of emergency, or martial law, without indications of crimes provided for in articles 356 (\u201chigh treason\u201d), 358 (\u201cespionage\u201d), and 373 (\u201cintentional disclosure of state secrets\u201d).\u201d The article prescribes penalties in the form of a fine, or arrest, or restriction of liberty for up to three years, or imprisonment for the same period. If the above-mentioned actions are committed by a group of persons by prior conspiracy, for selfish motives, or result in serious consequences, the article provides for punishment in the form of restriction of liberty for up to five years or imprisonment for up to six years. Previously, actions involving the transmission of data on the movement of military equipment or the location of military facilities to opposition organizations or foreign intelligence services were prosecuted under articles 361-4 CC (\u201caiding extremist activities\u201d) and 356 IC (\u201chigh treason\u201d), respectively. The new article prescribes a milder penalty compared to article 361-4 of the CC, making it likely that the former will be applied as an additional qualification in cases of transferring military information to opposition organizations and thus increase the prison term imposed.<\/p>\n\n\n\n The \u201cCommission for the Review of Appeals from Citizens of the Republic of Belarus Abroad on the Violation of the Law\u201d also continues to operate not only to review clemency petitions for political prisoners but also to fulfill its original task \u2013 aiding in the return of political emigrants to Belarus. On August 23, 2024, it was reported<\/a> that a meeting of this commission was held, during which various appeals from unnamed applicants were considered. As a result, \u201cdecisions were made to inform the applicants about the absence, as of the date of their appeal to the Commission, of any initiated administrative process, criminal case, or decisions recognizing them as suspects or indicting them.\u201d<\/p>\n\n\n\n This section provides information on new criminal cases and sentences under the \u201cextremist\u201d articles of the CC, specifically Articles 130, 130-1, 130-2, 289, 290-1, 290-2, 356, 357, 361, 361-1, 361-2, 361-3, 361-4, 369-1, as well as observed trends in this field.<\/p>\n\n\n\n Courts continued to issue harsh sentences for sharing information about the residences and phone numbers of government officials and law enforcement officers to the Black Book of Belarus (BBB) \u2013 an initiative aimed at de-anonymizing those in power accused of human rights abuses. Most accusations related to \u201cleaks\u201d involve two articles \u2013 Article 130 (\u201cincitement of enmity\u201c) and Article 203-1 of the CC (\u201cillegal actions concerning private life information and personal data\u201c), which is formally \u201cnon-extremist.\u201c The latter was introduced to enforce the 2021 \u201cData Protection Law\u201d but has since turned into a repressive tool used to punish people for spreading information on the regime\u2019s crimes. During the reporting period, three sentences were issued under Article 130 in this connection:<\/p>\n\n\n\n Mass arrests of people who sent information to the BBB about government officials and law enforcement in 2020 also continued during this period. At the end of 2022, an agent of the Main Directorate for Combating Organized Crime and Corruption (GUBOPiK)<\/a> managed to access databases with collaborators\u2019 personal data (approximately 8,500\u201310,000 individuals), which has resulted in ongoing mass arrests to this day. During the reporting period, at least nine arrests were reported, including:<\/p>\n\n\n\n In addition, IT specialist Zmitser Marchuk<\/a>, Belarusian Railways employee Aliaksandr Rymasheuski<\/a>, a Minsk resident<\/a>, and a long-distance driver<\/a> and activist of the Belarusian diaspora in Poland<\/a> were detained for sharing officials\u2019 personal data. The latter was detained while crossing the border with Belarus.<\/p>\n\n\n\n At least 18 sentences were handed down over the three months for critical comments in messengers and social media about government officials and law enforcement. Charges were filed over statements with a negative tone toward both Belarusian and Russian law enforcement. Authorities interpret these statements as \u201cincitement of other social enmity,\u201d often combining the charges with \u201cdefamation\u201d articles of the CC. Nearly all cases are conducted in closed sessions, with government bodies publishing vague information on court proceedings, leaving details of many cases unknown.<\/p>\n\n\n\n Similar sentences were issued to Aksana Antonchanka<\/a>, Aliaksandr Barkun<\/a>, Yauhen Barysienka<\/a>, Andrei Burdzienya<\/a>, Aliaksandr Zalataryevich<\/a>, Vital Kanurkin<\/a>, Ruslan Kruchynin<\/a>, Yauhen Kuznyatsou<\/a>, Anton Lisichkin<\/a>, Vadzim Lutsevich<\/a>, Siarhei Naumau<\/a>, Vadzim Nautsenya<\/a>, Pavel Paulau<\/a>, Vital Sauko<\/a>, Anastasiya Sudzilouskaya<\/a>, Anton Sharupa<\/a>. Legal proceedings also began for similar charges against Homiel residents Zmitser Sidarenka<\/a> and Iryna Stasenka<\/a>, as well as political prisoners Yauhen Kladau<\/a>, Yury Averkau<\/a>, Siarhei Bely<\/a> and former political prisoner Natallya Antonava<\/a>.<\/p>\n\n\n\n At least 20 new criminal cases have been recorded. Known cases include criminal proceedings for comments such as \u201cone of the protest march routes should be through the homes of the cops,\u201d<\/a> \u201cthey\u2019re now on our territory, grab a bag, fill it with crap, and throw it into the middle of the column,\u201d<\/a> \u201cburn them all,\u201d<\/a> \u201cif they try to touch anyone, I\u2019ll kill them… they\u2019re criminals, not authorities,\u201d<\/a> \u201ca cop isn\u2019t human,\u201d<\/a> \u201cforgot who you swore allegiance to; burn in hell,\u201d<\/a> \u201cI served with him\u2026 Pasha, don\u2019t fall for the red money, it\u2019ll come back to haunt you,\u201d <\/a>\u201cthe OMON headquarters should be consecrated with holy fire,\u201d<\/a> \u201cfor you, you bast**d, a special cauldron is heated,\u201d<\/a> \u201cit\u2019s time to clean up the trash in your districts, it\u2019s more effective to block the highways,\u201d<\/a> \u201cbeat the cops in the yards and throw them in the dumpster,\u201d<\/a> \u201cwho are GUBOPiK? They\u2019re the real extremist organization,\u201d<\/a> \u201csquash the scum. Crush the fascist vermin,\u201d<\/a> \u201chang them on a pole with a \u2018fascist\u2019 sign,\u201d<\/a> \u201cwe remember you and your scumbags,\u201d<\/a> \u201cyou and your thugs in uniform abuse people. Fascists,\u201d<\/a> \u201ckill the bastard and their whole family,\u201d<\/a> \u201cspineless clowns.\u201d<\/a> A Belarusian who posted tips on how to better resist the police in his comments was also reportedly detained<\/a>.<\/p>\n\n\n\n The reporting period saw a series of sentences issued under Article 130 of the CC in absentia for individuals living abroad to avoid persecution. Most cases were initiated against less prominent activists who had posted comments online.<\/p>\n\n\n\n The practice of criminal prosecution for \u201cincitement of national enmity\u201d continues against individuals who criticize Russian aggression in Ukraine or leave negative comments about Russian soldiers or Russians in general. Reports indicate at least four detentions for sharp comments connected to the war, such as \u201cwe need to eliminate the \u2018rashists\u2019… it\u2019s time to strike Russian cities,\u201d<\/a> \u201cwhat scum… he\u2019s just an orc,\u201d<\/a> and \u201cwaiting for you, guys, with impatience! Long live Belarus! Glory to Ukraine!\u201d<\/a> A resident of the Homiel region was also detained<\/a> for allegedly \u201cmeeting Ukrainians in an online game\u201d and \u201cbeing influenced by them to insult Russia and the president of Belarus.\u201d On July 8, 2024, the Hrodna Regional Court issued a sentence<\/a> against Ihar Sushko for comments in Telegram channels regarding Belarusian and Russian military personnel, with the specific sentence to be clarified.<\/p>\n\n\n\n Detentions have continued for online criticism of the authorities and support for Ukraine in online chat roulettes (websites allowing video conversations with random users). Law enforcement officers have continued to detain individuals based on videos recorded by pro-government bloggers, including Yury Kamar. Such bloggers, posing as Ukrainians, seek out people in chat roulettes who criticize Belarusian authorities and support Ukraine, provoking them to make sharp statements. These actions can be seen as provocations. Detentions include a resident of Barysau<\/a>, who expressed a desire to fight on the side of Ukraine; a resident of Minsk<\/a>, who \u201cmade derogatory comments about neighboring Russia;\u201d a Belarusian<\/a> who \u201cspoke negatively about the Russian Federation and the current Belarusian government\u201d; and two residents of Vitebsk<\/a>, one of whom stated, \u201cevery scum will pay for what they\u2019ve done,\u201d and the other expressed a desire to \u201cget a weapon from the military registration and enlistment office to show the people\u2019s will.\u201d Authorities also tracked a person<\/a> who discussed the situation in Belarus with a real Ukrainian blogger in a chat roulette.<\/p>\n\n\n\n On September 23, 2024, the Ministry of Internal Affairs (MIA) reported<\/a> the detention of a resident of Mahiliou, Aliaksandr Kondrychin, who allegedly attacked GUBOPiK officers with a knife. According to law enforcement, GUBOPiK officers \u201cidentified a local resident involved in extremist activities,\u201d and \u201cduring a preventive conversation, the man suddenly took out a knife and inflicted knife wounds on the police officers.\u201d The injured officer received medical assistance, and the Mahiliou resident was detained. A criminal case has been initiated against him under Article 139 of the CC for attempted murder of police officers. Propaganda media later disputed the official version from the MIA, claiming that Kondrychin had been under long-term surveillance. After the incident, law enforcement conducted a raid on Mahiliou residents connected to the attacker. Human rights activists reported the detention of at least six local residents, including Kondrychin\u2019s friends<\/a>. Human rights defenders also documented detentions of individuals for online comments justifying the attack on police officers due to their involvement in human rights abuses \u2013 this led to the detentions of residents in Hrodna<\/a> and Mahiliou<\/a>. Special forces units in full combat gear carried out these detentions.<\/p>\n\n\n\n Law enforcement continued to use this article both to address genuine displays of Nazism and to prosecute individuals for expressing views on historical events that differ from the state\u2019s official ideology. The maximum penalty under this article is 12 years in prison.<\/p>\n\n\n\n On July 8, 2024, the pro-government media outlet \u201cBelTA\u201d reported<\/a> that the Mahiliou Regional Court sentenced a resident of Chausy to 1.5 years in prison. It was reported that the accused was \u201can adherent of Nazi ideology\u201d and joined a Telegram group promoting similar views. Following instructions from the group\u2019s \u201ccurators,\u201d he allegedly inscribed Nazi slogans and symbols \u201caimed at popularizing the ideas of Nazism, neo-Nazism, and SS activities\u201d in busy areas of Mahiliou in January 2024. It was also reported that sentences were issued against Aliaksandr Branovitsky<\/a> and Ilya Zhurov<\/a>.<\/p>\n\n\n\n On July 11, 2024, it was reported<\/a> that the administrator of a VKontakte group, which posted photos of Adolf Hitler and Nazi symbols, was detained. In a \u201cconfessional\u201d video, the man states that on social media he \u201cdiscussed issues related to the Holocaust, considered the number of Jews who died during World War II to be exaggerated, and claimed that conditions for Jews in Auschwitz were overstated.\u201d<\/p>\n\n\n\n During the reporting period, a criminal case under this article was referred to the court. This article is used to prosecute opinions on Belarusian history that contradict the official position of the authorities. The maximum penalty under this article is 10 years in prison.<\/p>\n\n\n\n On September 6, 2024, the Minsk City Prosecutor\u2019s Office sent a criminal case to court involving a 54-year-old resident of the Minsk District, Andrei Savitsky, who was detained in March 2024<\/a>. According to the prosecutor\u2019s office, he was an administrator of a group on Odnoklassniki, where he \u201cpublished a text denying the mass killing of peaceful residents of the village of Khatyn by soldiers of the 118th Schutzmannschaft battalion and the SS Dirlewanger Brigade during a punitive operation on March 22, 1943, when 149 citizens of the BSSR, including 75 children, were burned alive and shot.\u201d For more on the law used to prosecute this individual, see Human Constanta’s report<\/a>.<\/p>\n\n\n\n This article continues to be applied in cases of direct actions against the authorities, all of which are treated by law enforcement as \u201cacts of terrorism\u201d regardless of the consequences or the damage caused. The maximum penalty under this article is 15 years in prison, but if the crime is committed by an organized group, the punishment can be up to 25 years, life imprisonment, or the death penalty. The death penalty can be applied even for preparation to commit an \u201cact of terrorism.\u201d Recently, state propaganda has regularly released films about terrorist attacks and sabotage allegedly organized by \u201cWestern\u201d or Ukrainian intelligence services. In many cases, there is evidence of the state\u2019s involvement in provoking such crimes<\/a>, and some alleged \u201csabotage acts\u201d appear to have been entirely staged.<\/p>\n\n\n\n On July 22, 2024, human rights defenders from HRC \u201cViasna\u201d reported<\/a> that a death sentence was handed down at the end of June to German citizen Rico Krieger. He was accused of \u201cmercenary activities,\u201d \u201cact of terrorism,\u201d \u201cillegal actions regarding firearms,\u201d \u201csabotage of transport routes,\u201d \u201cespionage activities,\u201d and \u201cparticipation in an extremist formation\u201d under Articles 133, 289, 295, 309, 358-1, and 361-1 of the CC. This is the first death sentence for politically motivated actions classified by the authorities as \u201cterrorism.\u201d In Belarus, most death sentences are issued in cases involving the murder of one or more people. The sentence was not appealed and became legally binding. According to the propaganda media outlet \u201cBelarus Today,\u201d<\/a> Krieger entered Belarus as a tourist with phones and a drone on October 4, 2023. According to the investigation, the Security Service of Ukraine instructed him to conduct reconnaissance in Asipovichy and photograph military facilities. He was then allegedly assigned to plant explosives on railway tracks at the Ozyeryshche station. After successfully gathering information and carrying out the explosion, he was detained on October 6, 2023. Human rights defenders reported that his case was also connected to the activities of the Kalinouski Regiment. On July 30, 2024, Aliaksandr Lukashenka decided to pardon him<\/a>, and on August 1, 2024, he was returned to Germany<\/a> as part of a prisoner exchange between the U.S., Germany, and Russia, with Belarus\u2019 involvement.<\/p>\n\n\n\n On August 1, 2024, a special (in absentia) procedure was initiated against former OMON officer Pavel Kulazhenka<\/a>, who is fighting against Russian aggression in Ukraine as part of Belarusian units, and former military officer Pavel Patekhin<\/a>, whom law enforcement believes carried out a drone attack<\/a> on an OMON base in Minsk in the fall of 2021. Both are charged under several \u201cterrorist\u201d articles of the CC, including \u201cact of terrorism committed by a group,\u201d \u201cactivities to create a terrorist organization,\u201d and \u201corganization of activities of a terrorist organization\u201d under Articles 289, 290-4, and 290-5 of the CC. They face penalties up to the death penalty.<\/p>\n\n\n\n On August 12, 2024, the Minsk City Court sentenced<\/a> 24-year-old Valery Vodzin in absentia<\/em> to 20 years in prison. He was accused of<\/a> \u201cillegal actions related to weapons,\u201d \u201cact of terrorism,\u201d \u201cillegal transfer of ammunition across borders,\u201d \u201ccreation of an extremist formation,\u201d and \u201cparticipation in an armed conflict in a foreign country\u201d under Articles 295, 289, 333-1, 361-1, and 361-3 of the CC. Along with him, the court sentenced four other individuals (Andrei Hryhoryeu, Viktoryia Volchak, Hanna Savachkina, and her mother Tatsyana Rusak) to 7\u20137.5 years in prison. On May 10, 2023, the ONT channel aired the film \u201cDeadly Package,\u201d<\/a> describing the preparation of terrorist attacks by Ukrainian intelligence before the May 9 Victory Day celebrations. According to law enforcement, Valery Vodin, a Belarusian linked to the Kalinouski Regiment, asked his acquaintances to retrieve a package containing C4 explosives disguised as electric hotplates and then hide it in a cemetery and forest for future use in sabotage. Four people involved in moving the electric hotplates, most of whom were unaware of the explosives, were labeled as \u201csuspects\u201d in committing an \u201cact of terrorism\u201d and \u201chigh treason.\u201d<\/p>\n\n\n\n New court cases under Article 289 of the CC have also been initiated against individuals previously unknown to human rights defenders. This includes an 18-year-old from Asipovichy, Alyaksei Fediziachkin<\/a> (listed in court documents as a \u201cperson who committed a socially dangerous act\u201d), and a 36-year-old resident of Brest, Zmitser Osiyuk<\/a>. Both are charged with \u201cact of terrorism committed by a group,\u201d which could lead to a death sentence.<\/p>\n\n\n\n On August 19, 2024, the Minsk City Court began the trial<\/a> for the \u201cMachulishchy terror attack\u201d \u2013 a drone strike on a Russian A-50 reconnaissance plane at the Machulishchy airfield on February 26, 2023. Twelve people are accused in the case, including those who merely transported the attacker or helped him find housing: Maksim Lapatsin, Andrei Stsiapurka, Aleh Sychou, Dzianis Sakalou, and Anastasiya Pilko were tried in person. The head of the former law enforcement group BYPOL, Aliaksandr Azarau<\/a> (previously sentenced in absentia<\/em> to 25 years in prison); executioner Mikalai Shvets, who was returned to Ukraine; as well as Vital Yakutsik, Ala Yatsuta, Yauheniya Tochytskaya, Mikhail Demin, and Siarhei Lopareu, were tried in absentia<\/em>.<\/p>\n\n\n\n On September 26, 2024, the Homiel Regional Court also began the tria<\/a>l of Ukrainian citizens Siarhei and Pavel Kabarchuks in the \u201cSecurity Service of Ukraine\u2019 Saboteurs\u201d case: according to law enforcement, they were paid to transport explosives across the border.<\/p>\n\n\n\n Law enforcement can interpret any material donations to opposition and independent public initiatives recognized as \u201cterrorist\u201d organizations in Belarus (e.g., \u201cNexta,\u201d \u201cCyber Partisans,\u201d \u201cBYPOL\u201d) as \u201cfinancing terrorist activities.\u201d The penalty for this article ranges from 8 to 15 years in prison. In most cases, donations that are now being prosecuted were made long before the organizations were classified as \u201cterrorist.\u201d<\/p>\n\n\n\n On August 14, 2024, it became known that in March 2024, the Minsk City Court sentenced <\/a>63-year-old manager of major pharmaceutical companies, Siarhei Sheleh, to 8.5 years in prison, although the details of the case remain unknown. A verdict was also issued for medic Timur Lazko<\/a> in the Lieninski District Court of Brest, with the exact sentence being clarified by human rights defenders.<\/p>\n\n\n\n This article provides for up to 15 years in prison for any form of cooperation with opposition and public initiatives designated as \u201cterrorist\u201d in Belarus. On August 28, 2024, it was reported<\/a> that a state institution employee from Hrodna was detained for allegedly transmitting information to the \u201cNEXTA\u201d channel, including videos of military equipment movements. In pro-government media outlets, the man was referred to as a \u201cterrorist accomplice.\u201d<\/p>\n\n\n\n This article continues to be used to prosecute people, most often former government employees, who are alleged to have ties with opposition organizations. Nearly all trials under this article are held behind closed doors, so the specific charges remain unknown in most cases. The maximum penalty under this article is 15 years in prison, but if the crime is committed by an official, the article provides for up to 25 years, life imprisonment, or the death penalty. During the reporting period, the following convictions were reported under this article:<\/p>\n\n\n\n During the reporting period, a series of trials began against individuals previously connected to law enforcement, including former police captain from Kobryn, Zmitser Peretolchin<\/a>, and former police lieutenant colonel Yury Makhnach<\/a>, who spoke publicly about torture at the Lida District Department of Internal Affairs in August 2020 (in absentia<\/em>). A trial was also initiated against the former director of the Neman glass factory, Ihar Batsyan<\/a>. Information surfaced <\/a>about Catholic priest Heinrich Akalatovich, who was detained at the end of 2023 on charges of \u201chigh treason\u201d; he is accused of transferring \u201cclassified information\u201d to unknown persons, with damages estimated at approximately \u20ac1 million.<\/p>\n\n\n\n This article continues to serve as one of the grounds for prosecuting leaders of major opposition organizations and independent civil initiatives in absentia<\/em>. Almost any independent political activity is equated with an \u201cattempt to seize power through unconstitutional means.\u201d The maximum penalty under this article is 15 years in prison.<\/p>\n\n\n\n On July 1, 2024, the Minsk Regional Court issued sentences<\/a> in absentia<\/em> for 20 representatives of Belarusian civil society, referred to as \u201cTsikhanouskaya\u2019s analysts\u201d in government reports \u2013 including analysts Ryhor Astapenia and Lesya Rudnik, political scientists Pavel Vusau and Andrei Kazakevich, politicians Aliaksandr Dabravolski and Hanna Krasulina, journalists Yury Drakakhrust and Hanna Lyubakova, as well as a number of other activists. They were sentenced to between 10 and 11.5 years in prison on charges of \u201cincitement of enmity,\u201d \u201cconspiracy,\u201d \u201ccalls to harm national security,\u201d and \u201cparticipation in an extremist formation\u201d under Articles 130, 357, 361, and 361-1 of the CC.<\/p>\n\n\n\n On July 8, 2024, the Brest Regional Court sentenced<\/a> a number of activists in absentia<\/em>, including Volha Karach, Vadzim Dzmitrenak, politicians Veranika Tsapkala, Anatol Kotau, and Yauhen Vilski, to 12 years in prison on charges of \u201cconspiracy,\u201d \u201cleadership of an extremist formation,\u201d and \u201caiding extremist activities\u201d under Articles 357, 361-1, and 361-4 of the CC. Additional fines totaling around $650,000 were also imposed.<\/p>\n\n\n\n A special (in absentia<\/em>) procedure was also initiated against opposition blogger Anton Matolka<\/a> on 14 charges under the CC. On September 2, 2024, a trial began<\/a> against the founders of the Imaguru startup hub, Tatsuana Marynich and Anastasiya Khomiankova, as well as Yauhen Puhach, who will be tried in person \u2013 they are charged under 10 articles of the CC.<\/p>\n\n\n\n This article continues to be used to prosecute individuals for any form of support for sanctions against the Belarusian regime, including comments made in messengers and on social networks. The maximum penalty under this article is 12 years in prison.<\/p>\n\n\n\n During the reporting period, five sentences were reported, including former ONT TV channel operator Anton Kazelski<\/a> for comments in Telegram, which he had deleted long before the sentence; businessman Uladzimir Balabanovich<\/a> for messages in the opposition chat \u201cBChB-Trielit\u201d (a local chat group for residents of Bohdanovicha Street in Minsk); 20-year-old resident of Minsk, Alyaksei Mazuka<\/a>, also for comments in Telegram; Mikhail Halouko<\/a> and Liudmila Deyneka<\/a>. The sentences for these cases are being clarified by human rights defenders.<\/p>\n\n\n\n An in absentia<\/em> trial also began against former journalists of the TUT.BY media outlet, who are safely abroad, including Volha Loyka<\/a>, Alena Talkachova<\/a>, and TUT.BY lawyer Katsyaryna Tkachenka<\/a>, for their independent journalism. Other trials on unknown charges have begun against screenwriter Kiryl Vevel<\/a>, former police officer Vilen Turgunou<\/a>, who actively spoke on political topics on social media and supported Ukraine; Uladzimir Baslyka<\/a>, as well as former political prisoner from Baranavichy Vital Korshun<\/a> and Aleh Viartinsky<\/a>, who is already imprisoned on unrelated charges.<\/p>\n\n\n\n This article continues to be used to suppress any forms of social self-organization that are not aligned with the regime. Participation in an \u201cextremist formation\u201d is punishable by up to 6 years in prison, while creating an \u201cextremist formation\u201d carries a penalty of up to 10 years.<\/p>\n\n\n\n At least 11 cases of criminal prosecution during the reporting period were connected to registrations in the Telegram bot of the opposition initiative \u201cPlan Peramoga.\u201d Most of the detentions continued to target individuals who had registered specifically in \u201cfake\u201d bots controlled by law enforcement. Registration in either the official bot of the initiative or a \u201cfake\u201d one is grounds for criminal prosecution. As before, none of the detainees took any actions as part of the plan. Detentions for participation in the initiative include<\/a> individuals already serving sentences in open-type correctional facilities (\u201cchemistry\u201d).<\/p>\n\n\n\n Repressions continue against suspected administrators of opposition Telegram channels, with law enforcement interpreting their management as \u201ccreating an extremist formation.\u201d It appears that during many arbitrary detentions of civil society representatives, law enforcement officers discover their connection with some group or organization disfavored by the authorities, and subsequently designate such a community as an \u201cextremist formation\u201d to formally justify prosecuting the individual. Since the \u201cdzechat\u201d initiative (a map showing the locations of most socio-political Belarusian chats) was declared an \u201cextremist formation,\u201d practically any chat is considered by the authorities as a \u201cstructural unit\u201d of this \u201cextremist formation.\u201d<\/p>\n\n\n\n During the reporting period, human rights defenders recorded criminal cases against administrators of chats for Belarusians in Portugal and Madeira<\/a>, Tarnogaj District in Wroclaw<\/a>, Syarabryanka District in Minsk<\/a>, Burdeyny Street in Minsk<\/a>, Nieman Street in Minsk<\/a>, the city of Kalisz in Poland<\/a>, the United States<\/a>, and a local Minsk chat<\/a> that published information about the movements of security forces.<\/p>\n\n\n\n On July 12, 2024, it was reported<\/a> that basketball referee Aliaksandr Syrytsa was detained for creating a basketball chat and for connections with the organization \u201cFund of Belarus Friend LTD,\u201d which provides assistance to victims of repression and was therefore recognized as an \u201cextremist formation.\u201d Court proceedings also continued against members of the opposition chat \u201cBChB-Trielit\u201d \u2013 on August 28, 2024, a trial began against another member of the chat, Yanina Andreuk<\/a>, whose sentence remains unknown. On September 18, 2024, a trial began against Babruysk resident Maksim Khvashchynski<\/a> for creating the Telegram chats \u201cBabruysk 375\u201d and \u201cBobr 97%.\u201d<\/p>\n\n\n\n Court proceedings have also begun against musician Uladzimir Naumovich<\/a>, as well as parents of political prisoners: Mikhail Lapunou<\/a>, father of political prisoner Mikita Zolatareu, for creating the chat \u201cHomiel for Nikita Zolotareu,\u201d and Tatsiana Frantskevich<\/a>, mother of political prisoner Aliaksandr Frantskevich, who was detained along with her sister when they came to deliver a food parcel for Aliaksandr. Additionally, two sentences were issued against Yury Rukshta<\/a> and Alyaksei Dalmatau<\/a> on unknown charges.<\/p>\n\n\n\n In September 2024, it was reported<\/a> that the State Security Committee (KGB) was conducting mass summonses and detentions of teachers from various regions of Belarus in connection with the nonprofit educational initiative \u201cAdukavanka,\u201d recognized as an \u201cextremist formation.\u201d Propaganda media described this initiative as a \u201csubversive online education network.\u201d<\/p>\n\n\n\n During the reporting period, this article was used against a religious organization. On August 22, 2024, GUBOPiK officers, with full support from OMON personnel in combat gear, detained<\/a> 11 leaders and activists of the religious movement \u201cRussian Orthodox Church \u2013 Tsar\u2019s Empire,\u201d referred to in state sources as an \u201cinternational sect.\u201d It was reported that criminal cases were initiated against five Belarusian activists of the movement under Articles 361-1 and the \u201cnon-extremist\u201d Article 193 of the CC (\u201cOrganization and Leadership of a Religious Organization that Encroaches on the Personality, Rights, and Duties of Citizens\u201d). According to the Investigative Committee (IC)<\/a>, the religious movement was managed by a \u201cmetropolitan\u201d who gave instructions to prepare propaganda materials, write \u201cprayers,\u201d and oversee \u201cpreparations for publications for extremist online resources.\u201d Human rights activist Leanid Sudalenka from HRC \u201cViasna\u201d characterized<\/a> the events around this movement as part of a pre-election crackdown on organizations not controlled by the state, and stated that those detained could be recognized as political prisoners if the charges are not changed.<\/p>\n\n\n\n This article continues to be used to prosecute activists in absentia. For example, on August 13, 2024, a special (in absentia<\/em>) procedure was initiated<\/a> against artist Vialeta Mayshuk.<\/strong><\/p>\n\n\n\n Individuals who have made monetary or other material donations to solidarity funds, non-governmental, or opposition organizations recognized as \u201cextremist formations\u201d in Belarus are prosecuted under Article 361-2 of the CC (\u201cfinancing extremist activities\u201d). This article provides for up to 8 years in prison. Criminal prosecution also targets individuals who donated to funds long before they were recognized as \u201cextremist.\u201d<\/a> According to HRC \u201cViasna,\u201d at least 82 people have been convicted<\/a> under Article 361-2 for donations from 2020 to August 23, 2024.<\/p>\n\n\n\n Between July and September 2024, at least four long-term sentences were issued for donations to pro-democratic organizations and funds:<\/p>\n\n\n\n The KGB and other government agencies continue to conduct mass \u201cpreventive conversations\u201d with people who had sent money to solidarity funds. During these conversations, individuals are forced to sign a \u201cvoluntary surrender,\u201d make a payment to one of the government accounts ten times bigger the amount of the alleged donation, and within ten days present a receipt of payment to the KGB. If the KGB\u2019s demands are met, a document is typically issued to the individual stating that no criminal case will be initiated. Human rights defenders do not fully understand why some people are permitted to settle the matter with a \u201cpreventive conversation\u201d and \u201crestitution,\u201d while others are immediately subjected to criminal prosecution. Pro-government resources frequently publish videos<\/a> of individuals who \u201cvoluntarily surrendered\u201d and \u201crestituted damages\u201d; human rights defenders recorded reports of such \u201cpreventive\u201d measures against at least 12 people during the reporting period.<\/p>\n\n\n\n Despite the authorities\u2019 adoption of \u201cpreventive measures,\u201d human rights defenders continue to record regular detentions for donations. During the reporting period, at least three new cases of criminal prosecution were recorded, many of which involved IT specialists. For example:<\/p>\n\n\n\n A trial also began against Orsha resident Aliaksandr Kamlenak<\/a>.<\/strong><\/p>\n\n\n\n The reporting period was marked by continued repressions against individuals accused of connections with the Kalinouski Regiment and other Belarusian units within the Armed Forces of Ukraine (AFU). Cases against potential volunteers and individuals maintaining connections with Regiment members are usually prosecuted under Part 1 of Article 361-3 of the CC, with a maximum penalty of 5 years in prison. Donations to Belarusian units are prosecuted under Part 2 of Article 361-3 of the CC, which provides for up to 10 years in prison.<\/p>\n\n\n\n The reporting period included cases likely targeting independent journalists, possibly for materials about the Regiment. On July 31, 2024, the Mahiliou Regional Court sentenced<\/a> journalists Ales Sabaleuski and Yauhen Hlushkou to 4 and 3 years in prison, respectively. A criminal case was also initiated<\/a> against journalist Zmitser Pankavets, who is abroad, for his connections with the Regiment.<\/p>\n\n\n\n Courts continue to issue sentences for material donations to the AFU and Belarusian units within it. Courts typically issue harsher sentences for financial support for Ukraine than for donations to Belarusian solidarity funds. During the reporting period, at least seven such sentences were reported on charges of \u201cfinancing Belarusian citizens\u2019 participation in armed formations on the territory of a foreign state.\u201d<\/p>\n\n\n\n On July 17, 2024, the Brest Regional Court sentenced<\/a> 38-year-old illustrator Natallya Levaya from Brest to 6 years in prison and fined her 40,000 rubles (about $12,200). According to the prosecution<\/a>, she \u201ctransferred funds and cryptocurrency totaling 4,400 rubles (about $1,345) to bank accounts and virtual wallets of representatives of \u2018extremist formations,\u2019 including armed ones, such as the \u2018Kalinouski Regiment,\u2019 in 2021\u20132022.\u201d It was reported that the sentence was issued despite her possession of a KGB document stating that she had already restituted the donations after a \u201cpreventive conversation.\u201d<\/p>\n\n\n\n During the reporting period, sentences were likely issued for Homiel residents Leanid Kozyr<\/a>, Nadzeya Karankevich<\/a>, Zhanna Dashkevich<\/a>, Mahiliou resident Vital Liaskavets<\/a>, and Minsk residents Alina Khmeleuskaya<\/a> and Mikhail Neznanau<\/a>. Additionally, a trial began against IT specialist Maksim Remezau<\/a> from the company \u201cA1.\u201d Two more detentions were reported, including a man detained for ten donations through PayPal to the Regiment and pro-democratic funds. Many cases also mention an earlier version of Article 361-2 of the CC, formerly titled \u201cFinancing the activities of an extremist formation,\u201d suggesting that individuals are being prosecuted for donations made before June 19, 2021, long before most organizations were classified as \u201cextremist formations.\u201d<\/p>\n\n\n\n This article continues to be used to prosecute any interaction with independent media and non-profit organizations recognized as \u201cextremist materials\u201d or \u201cextremist formations.\u201d The maximum penalty under this article is 7 years in prison.<\/p>\n\n\n\n During the reporting period, sentences in absentia continued to be issued against journalists and activists.<\/p>\n\n\n\nChanges in legislation<\/strong><\/h2>\n\n\n\n
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Criminal Prosecution<\/strong><\/h2>\n\n\n\n
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Article 130 of the CC \u201cIncitement of racial, national, religious, or other social enmity or discord\u201d<\/strong><\/h3>\n\n\n\n
\u201cLeaks\u201d of personal data of government officials and law enforcement officers (The Black Book of Belarus and other cases)<\/em><\/h4>\n\n\n\n
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Comments criticizing Belarusian law enforcement<\/em><\/h4>\n\n\n\n
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Comments criticizing russian aggression against Ukraine<\/em><\/h4>\n\n\n\n
Comments on attacks against law enforcement officers<\/em><\/h4>\n\n\n\n
Article 130-1 of the CC \u201cRehabilitation of Nazism\u201d<\/strong><\/h3>\n\n\n\n
Article 130-2 of the CC \u201cDenial of the genocide of the Belarusian people\u201d<\/strong><\/h3>\n\n\n\n
Article 289 of the CC \u201cAct of terrorism\u201d<\/strong><\/h3>\n\n\n\n
Article 290-1 of the CC \u201cFinancing terrorist activities\u201d<\/strong><\/h3>\n\n\n\n
Article 290-2 of the CC \u201cAiding terrorist activities\u201d<\/strong><\/h3>\n\n\n\n
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Article 356 of the CC \u201cHigh treason\u201d<\/strong><\/h3>\n\n\n\n
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Article 357 of the CC \u201cConspiracy or other actions committed with the aim of seizing state power\u201d<\/strong><\/h3>\n\n\n\n
Article 361 of the CC \u201cCalls for restrictive measures (sanctions), other actions aimed at causing harm to the national security of the Republic of Belarus\u201d<\/strong><\/h3>\n\n\n\n
Article 361-1 of the CC \u201cCreation of an extremist formation or participation in it\u201d<\/strong><\/h3>\n\n\n\n
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Article 361-2 of the CC \u201cFinancing extremist activities\u201d<\/strong><\/h3>\n\n\n\n
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Article 361-3 of the CC \u201cParticipation in an armed formation or armed Conflict on the territory of a foreign state, military operations, recruitment, or preparation of persons for such participation\u201d<\/strong><\/h3>\n\n\n\n
Article 361-4 of the CC \u201cAiding extremist activities\u201d<\/strong><\/h3>\n\n\n\n