A/HRC/41/52
Internet, the amendments mark an additional curtailment of an already fragile landscape for
freedom of speech.
37.
The reporting period was marked by renewed pressure on independent journalists
and media. In June 2018, authorities began investigating Alies Lipaj, head of the
independent BelaPAN news agency, on criminal tax evasion charges. 31 Investigative
authorities searched his apartment and banned him from leaving Belarus pending trial. This
was seen by human rights defenders as a way to pressure him for his professional
activities.32 Following the death of Mr. Lipaj in August 2018, the authorities closed the
case.
38.
At the beginning of August 2018, the authorities launched a criminal investigation
under article 349.2 of the Criminal Code for “unauthorized access to computer information
leading to significant harm” against several editors and journalists from independent media
outlets for allegedly sharing passwords to access a paid subscription to the State news
agency BelTA. Police raided the offices of several independent media outlets, including
popular news platforms BelaPAN and Tut.by. Investigators also searched the homes of
several journalists, seizing computers, documents and mobile phones, including those of
their children. The sudden and coordinated action caused serious disruption in the work of
the targeted journalists, while also compromising the confidentiality of their sources. At
least 18 journalists were arrested for questioning among whom 8 spent 72 hours in custody,
which was seen as excessive given the charges. 33 All editors and journalists were banned
from leaving the country during the investigation and one of them was reportedly
blackmailed. By November 2018, criminal charges had been replaced with administrative
fines for 14 of those arrested. Maryna Zolatava, Chief Editor of Tut.by, was the only person
remaining under criminal charges for “administrative negligence” after admitting that she
was aware that her staff were sharing login data for BelTA’s paid subscription.34 On 25
February 2019, she was ordered to pay a fine of approximately US$ 3,620 in addition to
about US$ 2,840 corresponding to BelTA’s legal fees. Suspects and witnesses in the case
claimed that they had been pressured during the investigation to give incriminating
statements.35 The heavy-handed response of law enforcement officials in the case was seen
as disproportionate, causing the indignation and mobilization of the international
community in solidarity with the journalists. The Special Rapporteur considers that the
action of the authorities is a means of intimidating independent media and inciting selfcensorship ahead of the next electoral campaign.
39.
Throughout the reporting period, journalists continued to be fined for cooperating
with foreign media under article 22.9 of the Code of Administrative Offences for “unlawful
production and distribution of mass media products”. The article mostly targets freelancers
working for foreign media. In 2018, 118 fines were imposed on journalists for collaborating
with foreign media without accreditation, amounting to a total of approximately
US$ 48,000.36 That is double the amount imposed in 2017. In 2019, at the time of writing,
12 journalists had already been fined a total of approximately US$ 5,700.37
40.
On 6 December 2018, a draft law “on strengthening the fight against the propaganda
of Nazism and extremism”, amending existing legislation, was passed at its first reading. 38
Among other modifications, it foresees the development of a list of extremist and terrorist
31
32
33
34
35
36
37
38
See https://belsat.eu/en/news/belarus-state-control-committee-belapan-director-suspected-of-taxevasion/.
See http://spring96.org/en/news/90352.
See www.dw.com/ru/ задержания-журналистов-в-минске-информационные-чистки-под-видомуголовки/a-44988816 (in Russian).
See https://baj.by/en/analytics/belta-case-facts-lists-related-links.
See https://baj.by/en/analytics/tutby-editor-maryna-zolatava-trial-witnesses-claim-coercion-partinvestigation.
See https://baj.by/en/analytics/belarus-quantitative-media-results-year-2018.
See https://baj.by/en/analytics/fines-journalists-violating-article-229-administrative-code-chartupdated.
See http://pravo.by/document/?guid=3941&p0=2018058001 (in Russian).
9
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