The Observatory has been informed about the sentencing of Messrs. Ales Bialiatski, Nobel Peace Prize winner and Chairman of the Human Rights Center Viasna, Valiantsin Stefanovich, Deputy Head of Viasna and Vice-President of FIDH, and Uladzimir Labkovich,
Viasna’s lawyer. All three have been arbitrarily detained since July
14, 2021. Viasna is a recipient of numerous prestigious awards for its
adamant stand for human rights and democracy, including the Right
Livelihood Award (2020) and the “Justice for Democracy Advocates” Albie
Award (2022).
On March 3, 2022, the Leninsky District Court in Minsk sentenced Ales
Bialiatski to 10 years of imprisonment, Valiantsin Stefanovich to nine
years, and Uladzimir Labkovich to seven years, on trumped-up charges of
“smuggling” and “financing group actions that disrupted public order”
(Part 4 of Article 228, and Part 2 of Article 342 of the Criminal Code
of Belarus, respectively). In addition, the three human rights defenders
were imposed heavy fines: Stefanovic and Labkovich were fined 111,000
Belarusian rubles (41,358 Euro) each and Bialiatski received a fine of
185,000 Belarusian rubles (68,930 Euro). They were further sentenced to a
joint fine of 752,438 Belarusian rubles (280,357 Euro), an amount which
they allegedly "obtained by criminal means," as specified in the
accusation under the “smuggling” charge. The lawyers of the three human
rights defenders will appeal the decision.
The Observatory recalls that on July 14, 2021, Ales Bialiatski, Valiantsin Stefanovich and Uladzimir Labkovich were arbitrarily detained
by officers of the Financial Investigations Department of Belarus. The
accusation against them was made up after 120 searches and raids across
the country, and interviews of about 100 witnesses. They were initially
detained and held detained for 14 months on bogus charges of "tax
evasion” (Part 2 of Art. 243 of the Belarus Criminal Code), but in
September 2022, new charges of “smuggling” and “financing group actions
that disrupted public order”, for which they have been sentenced, were
filed against them, leaving little time for the defendants and their
lawyers to prepare a new defence strategy before the opening of the
trial in January 2023.
The trial opened on January 5, 2023. All the proceedings against the three human rights defenders were marred with multiple human rights violations, and the defendants appeared to have lost a lot of weight and being in frail condition.
The investigation into Messrs Bialiatski, Stefanovich and Labkovich
case lasted over a year, which is contrary to Belarusian law and
international standards. The three human rights defenders have been kept
in appalling detention conditions, with Mr Bialiatski being held in a semi-basement floor
with poor access to sunlight. In addition, their family members have
been systematically denied access to the detainees, their access to
their lawyers has been severely limited, and all communications by mail
have been harshly censored by the authorities.
The nature of the sentence against the three human rights defenders
shows they were prosecuted for carrying out legitimate human rights
activities. The defendants have been convicted for allegedly bringing
large sums of money into Belarus and using them for criminal purposes.
During the trial, among the imputed “criminal purposes” the prosecution
named the following: assisting detainees after demonstrations, paying
lawyers’ fees, organising independent election monitoring, and
continuing Viasna’s activities after its liquidation. The prosecution
further alleged that the money was imported in small amounts so as not
to declare it. These acts, according to the prosecution, were committed
as part of an organised group, that is, Viasna.
The reprisals against Viasna and its members are part of a broader
crackdown on civil society in Belarus following the mass protests
against the 2020 Presidential elections fraud. In 2021 alone, the
authorities shut down
more than 275 human rights and other independent organisations, leaving
not one legally operating human rights NGO in the country. Viasna is
one of the leading Belarusian human rights organisations and has long
been at the forefront of the Belarusian human rights movement. It is
notably famous for maintaining a list of political prisoners in Belarus,
which as of March 3, 2023 counted 1 458 persons.
The Observatory strongly condemns the unfair conviction and ongoing
arbitrary detention of Ales Bialiatski, Valiantsin
Stefanovich and Uladzimir Labkovich, and urges the Belarusian
authorities to quash their sentences and to immediately and
unconditionally release them. The Observatory expresses grave concern
over the high risk of torture and ill-treatment they face while in
custody.
The Observatory further urges the authorities in Belarus to
immediately and unconditionally release likewise arbitrarily detained
Viasna members Marfa Rabkova, Andrey Chapiuk and Leanid Sudalenka, and to put an end to all acts of harassment against them, including at the judicial level.
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