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The
Observatory has been informed about new criminal charges brought by
the Belarusian authorities against Mr Leanid
Sudalenka,
a prominent Belarusian human rights defender and former head of the
Homiel branch of Human Rights Center “Viasna”, living in exile.
On
26 March 2025, two representatives of the Homiel district department
of the Investigative Committee and a prosecutor visited Leanid
Sudalenka’s registered address in Homiel, South East of Belarus, to
document his absence, a procedure necessary to initiate in
absentia
criminal proceedings against Belarusian nationals residing outside of
Belarus. During this visit, a representative of the Investigative
Committee confirmed
that new criminal charges were brought against Leanid Sudalenka for
“facilitating extremist activities” (Article 361-4 of the
Criminal Code), a crime punishable by up to seven years of
imprisonment. The essence of the charges remains unknown.
On
3 April 2025, two law enforcement officers came
to see
Leanid Sudalenka’s 87-year-old mother, who lives in a village in
Homiel Region. Despite knowing that Leanid Sudalenka lives abroad,
and knowing that he had
not told
his mother of his persecution and imprisonment period to protect her,
as he pretended to work abroad during and after his imprisonment, the
law enforcement officers informed his mother that her son was on a
wanted list, and that a new criminal case had been initiated against
him. His mother was also compelled to sign a document attesting to
her son’s absence from her home.
The
Observatory recalls that Leanid Sudalenka has already been unlawfully
convicted in retaliation for his legitimate human rights twice in the
past, including in
absentia.
Leanid
Sudalenka was arbitrarily
detained on
18 January 2021, before being
sentenced,
in November 2021, to three years of imprisonment for “financing and
organising actions that grossly violate public order” (parts 1 and
2 of Article 342 of the Criminal Code) on fabricated charges. While
imprisoned, he was subjected to harsh detention conditions,
discriminatory harassment and ill-treatment, including repeated
placement in a solitary confinement cell, no visits from family
members, inadequate medical care, and excruciating compulsory labour
in a cold workshop. He was also classified as “prone to extremism
and other destructive activities” and as a “persistent offender
who did not take the path of correction” by the prison
administration, excluding him from both early release and the
replacement of his sentence with a milder type of punishment.
After
completing his sentence in July 20231,
Leanid Sudalenka was released, and left Belarus shortly after.
However, in November 2023, the Investigative Committee opened a new
criminal case against him, charging him with “facilitating
extremist activities” under parts 1 and 2 of Article 361-4 of the
Criminal Code. On 17 June 2024, the Homiel District Court sentenced
Leanid Sudalenka in
absentia
to five years of imprisonment and a fine of 26,000 rubles
(approximately 7,400 Euros). As noted by Human Rights Center
“Viasna”, Leanid Sudalenka was also included both in the
Belarusian
and Russian
wanted list, which would lead to his immediate arrest, should he
travel to the Russian Federation or Belarus.
The
mass initiation of investigations and trials in
absentia
(so-called “special proceedings”) forms part of a broader
strategy of the Belarusian authorities to intimidate and persecute
those Belarusians forced to flee the country because they are
perceived to oppose the authorities. Hundreds of criminal cases have
already been opened, and at least 112 persons have been convicted
as of November 2024. In addition, the Belarusian authorities are
actively
targeting
exiled citizens through direct threats and legal restrictions, while
simultaneously intensifying pressure on their relatives within
Belarus via surveillance, harassment, searches and detention.
The
Observatory strongly condemns the ongoing judicial harassment against
Leanid Sudalenka, which is a blatant attempt to silence his vocal
support for imprisoned Belarusian human rights defenders, and urges
the Belarusian authorities to immediately drop all charges against
him. The Observatory also strongly condemns the ongoing harassment of
Leanid Sudalenka’s relatives, including his elderly mother, by the
Belarusian authorities, conducted to intimidate and inflict further
physical and psychological suffering on them.
1Leanid
Sudalenka was released after serving his three-year prison sentence
but having effectively spent two and a half years in prison,
because under the Belarusian system, one day in pre-trial detention
is equivalent to 1,5 days of imprisonment.
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