A/HRC/44/55
events. Another environmental activist was detained with his son and charged with
trafficking in ammunition. The prosecution was later terminated owing to a lack of
evidence.33 The Special Rapporteur is concerned that arbitrary arrests are used as a tool to
intimidate civil society and to prevent people from exercising their legitimate right to
freedom of peaceful assembly.
40.
The protests around the parliamentary elections in November 2019 and against
“deeper integration” with the Russian Federation in December 2019 provoked another wave
of arrests and detentions. Unauthorized meetings in support of the territorial integrity of
Belarus had a peaceful character and were not forcibly stopped by the police during the
protests. The organizers and participants were neither detained during the protests nor
immediately afterwards. However, a total of 109 court rulings were handed down under
article 23.34 of the Code of Administrative Offences for illegal protesting, resulting in 87
persons being fined and 5 being sentenced to administrative detention. 34 Suppressive tactics
are not only applied to protesters, but also to journalists, bloggers and those expressing
critical opinions. The repeated arrests of the activist and blogger Dzmitry Kazlou, who
faced a total of eight charges under article 23.34 and was sentenced to a total of 120 days in
detention, 35 testify to the intimidation tactics applied by the Belarusian authorities. The
detention of journalists and activists for an indefinite period of time on renewed charges
implies that persecuted persons are made to live under constant distress and fear of
retaliation.36
41.
The Special Rapporteur deplores the fact that several journalists and bloggers
continued to be detained systematically for participating in activities that were critical of
the Government. Andrei Pavuk was arrested on 20 March 2019 for allegedly sending a fake
bomb threat to the local government via email. 37 He was later cleared of the charges.
Siarhiej Piatruchin, a blogger, was heavily fined and found guilty of defamation and insult
under the articles 188.2 and 189.2, respectively, of the Criminal Code of Belarus. 38 These
charges were filed against Mr. Piatruchin for uploading videos to the Internet of the alleged
involvement of police officers in the beating of Pavel Kaminski in 2016. Another blogger,
Aliaksandr Kabanau, was charged under article 211.1 of the Criminal Code for
embezzlement, involving the alleged misappropriation of 440 Belarusian roubles
(approximately $200) in 2017, while serving as a chairperson of a housing cooperative. The
charges against Mr. Kabanau were dropped in December 2019 for a lack of corpus delicti. 39
These charges are considered by human rights activists to be acts of intimidation.
42.
The Special Rapporteur strongly condemns the alleged cases of arbitrary arrest and
detention, and inhuman treatment, of Roma people by law enforcement officers in Mogilev
on 16 May 2019, following claims that a police officer had been murdered. 40 These include
allegations of the mistreatment of women, children and the elderly. According to available
information, approximately 100 Roma were apprehended, of whom 50 were subsequently
detained. The detentions were conducted with the use of excessive force, alongside threats
and intimidation.41 The detained remained in custody for three days and were later released
with no charges.42 It was reported that the Roma community of Belarus received informal
apologies from the Head of the Administration of the President, Natalia Kachanava, who
promised that all the complaints and appeals against police actions would be reviewed. 43
33
34
35
36
37
38
39
40
41
42
43
8
See https://charter97.org/en/news/2019/10/9/351237/.
See http://spring96.org/en/news/95897.
Ibid.
See http://spring96.org/en/news/95785.
See https://baj.by/ru/content/po-faktu-lzheminirovaniya-v-oktyabrskom-zavedeno-ugolovnoe-delobloger-andrey-pauk-zaderzhan (in Russian).
See https://naviny.by/new/20190820/1566290643-sudebnye-ispolniteli-arestovali-imushchestvoblogera-sergeya-petruhina (in Russian).
See http://spring96.org/en/news/93408.
Communication AL BLR 7/2019, 21 October 2019, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24895.
See https://naviny.by/new/20190531/1559300498-massovye-zaderzhaniya-cygan-v-mogileve-delomzanyalas-genprokuratura (in Russian).
See http://spring96.org/ru/news/93339 (in Russian).
See https://naviny.by/new/20190523/1558638773-kochanova-po-vsem-zhalobam-mogilevskih-cyganbudet-provedeno-razbiratelstvo (in Russian).
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