Paris-Geneva-Warsaw, March 15, 2023 –
Liquidated free speech organisation Belarusian Association of
Journalists (BAJ) has been labelled as an “extremist formation” by the
national intelligence service KGB, denounced the Observatory (OMCT-FIDH)
and the Helsinki Foundation for Human Rights (HFHR). BAJ’s members and
associates are at risk of criminal prosecution as reprisals for
defending human rights and could face up to 10 years of imprisonment.
On March 7, 2023, it became known
that the Belarusian State Security Committee (KGB) arbitrarily
classified BAJ as an “extremist formation” and banned its activities in
Belarus under the Law of the Republic of Belarus No. 203-Z on
“Countering Extremism’, adopted in January 2007 and amended in May 2021.
The decision alleges that BAJ President Andrey Bastunets
and Vice-President Barys Haretski, as well as six other
members of the association, carried out so-called “extremist
activities”. Yet, KGB’s announcement fails to identify both the alleged
extremist actions conducted by BAJ members as well as the nature of
these acts. BAJ is the first human rights organisation to be classified
as an “extremist formation” in Belarus.
Under the Belarusian Law on Countering Extremism
the designation of a group as “extremist” is not subject to judicial
review. This law classifies as “extremist” any activity deemed to
“threaten the independence, territorial integrity, sovereignty and
foundations of the constitutional order”. Additionally, an “extremist
formation” under this law is defined as a “group of citizens that
carries out an extremist activity; assists extremist activities;
recognises the possibility of implementing extremist activities; or
finances extremist activities”. Any entity, group, association or NGO
designated as an “extremist formation” is criminally liable under
Article 361-1 of the Criminal Code of Belarus (“joining an extremist
formation”), which was introduced in 2021 along with other
anti-extremist amendments to the Belarusian legislation. These changes
enhanced the repressive arsenal of Belarusian laws used to muzzle any
dissenting voices in the country, including independent media outlets as
well human rights groups and defenders.
Founded in 1989, BAJ is a
professional association of journalists that has since then worked to
protect the right to freedom of expression as well as the work and
integrity of Belarusian journalists targeted by the authorities.
Both the association and its over
1300 members have been continuously targeted since 2020, amid the
ongoing brutal crackdown on civil society in Belarus. In February 2021,
KGB officers raided both BAJ offices and BAJ lawyer Aleh Aheyeu
and Barys Haretski’s homes in Minsk, as part of a series of coordinates
raids into the houses and offices of human rights defenders and
organisations. The BAJ offices were again raided in July 2021, and a month later the Supreme Court of Belarus arbitrarily liquidated
the association. Since then, the BAJ staff has been forced to flee the
country but has continued to document violations against journalists and
media outlets from abroad.
The Observatory and the Helsinki
Foundation for Human Rights strongly condemn the latest attack against
the BAJ and its leaders and members, as well as the ongoing repression
of human rights organisations, defenders and independent journalists in
Belarus.
Both organisations urge the
authorities to stop using loosely defined “anti-extremist” legislation
to target dissenting voices in Belarus, and more broadly, to put an end
to all human rights violations perpetrated against human rights
defenders and organisations in the country. The Observatory further
urges the authorities to take all measures to protect and promote the
right to freedom of expression in Belarus, as well as the right to
defend human rights.
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