BELARUS: ARBITRARY DETENTION OF DZYANIS IVASHYN

The International League Against Arbitrary Detention urges the Government of Belarus to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 4/2025 concerning Dzyanis Ivashyn, asking the Government of Belarus to immediately and unconditionally release Dzyanis Ivashyn and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Dzyanis Ivashyn (Belarus): Opinion No. 4/2025.

FREELANCE JOURNALIST IMPRISONED

Dzyanis Ivashyn is a Belarusian national, born in 1979. At the time of his arrest, he was working as a freelance journalist for an independent newspaper and a volunteer editor for an investigative news site.

In 2021, he published an investigation claiming that former members of a disbanded Ukrainian special forces unit, known as Berkut, served in the Belarusian government and participated in the crackdown on protests after the 2020 election. Mr. Ivashyn was arrested on 12 March 2021, a day after a television interview on his investigation, and his means of communication and other elements were seized from his residence. On 20 March 2021, he was officially charged for allegedly disclosing classified information to influence a police officer with the aim of changing the nature of that police officer’s lawful activities, charges that were changed to high treason in September 2021.

Mr. Ivashyn's trial started on 15 August 2022 at the Grodno Regional Court. He was then convicted on 14 September 2022 of high treason and illegal collection or dissemination of private information without consent, and sentenced to 13 years' imprisonment and a fine. On 20 December 2022, his appeal was dismissed.

On 17 January 2023, Mr. Ivashyn was finally transferred to Prison Colony No. 15 in Mogilev to serve his sentence.

The Government of Belarus was given the opportunity to respond to these allegations, but failed to do so in a timely fashion.

ARRESTED WITHOUT WARRANT AND ARBITRARILY DETAINED

According to the source, Mr. Ivashyn was not informed of the reasons for his arrest at the time of his arrest. The Working Group recalled that anyone who is arrested should be informed, at the time of arrest, of the reasons for the arrest and should be promptly informed of any charges. The Working Group, therefore, found a violation of article 9 (2) of the Covenant as the detention lacked a legal basis.

In addition, he was brought before a judge over 17 months later, with his trial commencing on 15 August 2022. In its assessment, the Working Group noted the repeated extension of pretrial detention beyond the six-month limit established under national law and beyond the 48 hours ordinarily sufficient. Thus, the Working Group found that Mr. Ivashyn’s detention violated article 9 (3) of the International Covenant on Civil and Political Rights.

Hence, the Working Group concluded that Mr. Ivashyn's detention was arbitrary within the meaning of category I.

RESTRICTION ON HIS FREEDOM OF EXPRESSION

The source claimed that the Government arrested, detained and imprisoned Mr. Ivashyn because of the content of his speech. The Working Group considered the timing of Mr. Ivashyn’s arrest after his interview, the nature of the charges against him and the seizure of materials related to his journalistic work. In addition, the Working Group pointed out its previous opinions concerning Belarus, which showed a pattern of detention of journalists and human rights defenders who express views critical of the Government. Therefore, the Working Group concluded that Mr. Ivashyn’s detention resulted from the peaceful exercise of his right to freedom of expression and violated article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant.

The Working Group concluded that Mr. Ivashyn’s detention was arbitrary under category II.

VIOLATIONS OF HIS RIGHT TO A FAIR TRIAL AND DUE PROCESS

According to the source, Mr. Ivashyn's trial was held behind closed doors and based on publicly available information. The Working Group determined that there were no exceptional circumstances to justify a closed trial. Consequently, the Working Group found that his closed trial violated his rights under article 10 of the Universal Declaration of Human Rights and article 14 (1) of the Covenant.

Additionally, the source argued that Mr. Ivashyn was isolated from his lawyer during the trial. The latter had to sign a non-disclosure agreement. Furthermore, he was subjected to “talks” with security forces during the trial. The Working Group determined that the government failed to show that the statements used as evidence in the proceedings were freely given. The Working Group also reminded that the Human Rights Committee has stressed that lawyers should be able to advise persons charged with a criminal offence without restrictions, influence, pressure or undue interference from any quarter. Therefore, the Working Group found that Mr. Ivashyn’s right to fair trial under article 10 of the Universal Declaration of Human Rights, the right not to be compelled to confess guilt under article 14 (3) (g), his right to legal assistance guaranteed by article 14 (3) (d) and his right to prepare his defence without constraints under article 14 (3) (b), of the Covenant, were violated.

The Working Group also concluded that the detention was arbitrary under category III.

DISCRIMINATED BECAUSE OF HIS POLITICAL VIEWS

According to the source, Mr. Ivashyn was targeted due to his political opinions and his work. The Working Group recalled that there is a pattern of targeting individuals who express critical views of the Government or who participate in peaceful protests in Belarus. Considering the timing of his arrest, the nature of the charges, and his treatment in detention, the Working Group found that his detention violated international law on the grounds of discrimination based on political opinion, contrary to articles 2 and 7 of the Universal Declaration of Human Rights and articles 2 (1) and 26 of the Covenant.

Hence, the Working Group found Mr. Ivashyn’s deprivation of liberty to be arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In the light of the foregoing, the Working Group found that the deprivation of liberty of Dzyanis Ivashyn,  is arbitrary under Categories I, II, III, and V, as it contravenes articles 2, 3, 7, 9, 10 and 19 of the Universal Declaration of Human Rights and articles 2 (1), 9, 10, 14, 19 and 26 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Belarus to take the steps necessary to remedy the situation of Mr. Ivashyn without delay and bring it into conformity with the relevant international norms. The Working Group considers that, taking into account all the circumstances of the case, the appropriate remedy would be to release Mr. Ivashyn immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.