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. 3/2024 concerning Aleksandr Bialiatski, asking the Government of Belarus to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Aleksandr Bialiatski (Belarus): Opinion No. 3/2024.
ARBITRARY DETENTION OF A WELL-KNOWN HUMAN RIGHTS DEFENDER
Aleksandr Bialiatski, born in 1962, is a Belarusian citizen and a prominent human rights defender. He is the founder and chairperson of Viasna, a leading human rights organization in Belarus, and has been a vocal critic of the government, especially regarding the detention of political prisoners. As such, for decades, Mr. Bialiatski has been persecuted by the authorities, such as in 2003 when Viasna was dissolved by the Supreme Court. It should also be noted that in the context of the 2020 Presidential elections, persecutions of dissenting voices has increased.
On 14 July 2021, Mr. Bialiatski was arrested at his country house in Rakov, near Minsk, by the Financial Investigations Department for suspected tax evasion. Two other leaders and six members of Viasna were also arrested the same day. Following his arrest, he was detained at the Okrestina pre-trial detention facility and transferred to SIZO No. 1 three days later. On 26 September 2022, Mr. Bialiatski was later charged with smuggling and financing actions that grossly violate public order. These charges refer to activities that were essential to Viasna as a human-rights organisation (e.g., paying salaries, paying fines imposed on convicted protesters).
On 3 March 2023, following his trial, Mr. Bialiatski was found guilty and sentenced to 10 years in prison. An appeal was lodged, but it was denied on 21 April 2023 and the original sentence was upheld. After having been transferred to Penal Colony No. 9 in Gorki in May 2023, his contact with the outside world were limited and he has suffered from chronic health issues. The Belarusian Government did not respond to the Working Group on Arbitrary Detention’s inquiries regarding this case.
EXTENDED PRE-TRIAL AND UNABLE TO CHALLENGE THE LEGALITY OF HIS DETENTION
The Working Group found that Mr. Bialiatski's detention was arbitrary due to several violations of international law. First, his pre-trial detention was extended eight times based only on the seriousness of the charges, without proper justification or consideration of alternative measures. This violated article 9(3) of the International Covenant on Civil and Political Rights, as it states that pre-trial detention should only be used in exceptional cases.
Besides, Mr. Bialiatski was not brought before a judge promptly after his arrest. He was arrested on 14 July 2021 but only appeared in court in January 2023, far beyond the usual 48-hour requirement. The Working Group thus found it in violation of article 9(3) of the Covenant. Lastly, Mr. Bialiatski was denied the right to be physically present at hearings to review the legality of his detention, breaching his right to challenge such legality, under article 9(4) of the Covenant.
For these reasons, the Working Group concluded that Mr. Bialiatski deprivation of liberty is arbitrary under Category I.
PERSECUTED FOR EXERCISING FREEDOMS OF EXPRESSION AND ASSEMBLY
According to the source, Mr. Bialiatski’s arrest and detention were driven by his opinions and participation in peaceful assemblies. The source noted that the charges brought against Mr. Bialiatski, under articles 342 and 293 of the Criminal Code, are commonly used to target critics of the authorities. Thus, this case was directly connected to the broader repression of human rights defenders and civil society activists in Belarus, especially in recent years.
On these matters, the Working Group recalled earlier findings in relation to the article 342 of the Belarusian Criminal Code which found that it was indeed criminalising non-violent group behaviour relating to mass demonstrations, which should not be a basis for prosecution. Besides, the Working Group recalled its own jurisprudence concerning numerous cases of arrests and detentions of critics to the Government in Belarus.
Lastly, the Government did not specify any particular actions that Mr. Bialiatski would have had that would justify the criminal charges. As such, given this context and the lack of evidence of violent behavior by Mr. Bialiatski, the Working Group concluded that his arrest and detention were based on his exercise of freedoms of expression and assembly, protected under articles 19 and 20 of the Universal Declaration of Human Rights and articles 19 and 21 of the Covenant.
Therefore, the Working Group considered Mr. Bialiatski's detention arbitrary under Category II.
MULTIPLE VIOLATIONS OF HIS RIGHTS TO FAIR TRIAL
First, the Working Group noted that as the presiding judge of Mr. Bialiatski's trial had been previously sanctioned by the European Union for politically motivated rulings against peaceful protesters, it was raising concerns about the impartiality of the tribunal. Considering this in light of its own jurisprudence notably, the Working Group considered that this situation was in violation of article 10 of the Universal Declaration of Human Rights and article 14(1) of the Covenant, which both guarantee the right to be tried by an independent and impartial tribunal.
Moreover, Mr. Bialiatski faced significant issues with legal representation, notably as his communication with his lawyer lacked confidentiality. The Working Group found this situation to have undermined his right to effective legal representation as protected under article 14(3)(b) of the Covenant. On a similar note, due to the change of the charges 3 months prior to the trial, the defense was not given adequate time to review the extensive case materials, which the Working Group found further violating article 14(3)(b) of the Covenant.
Mr. Bialiatski and his defense were also denied the possibility to cross-examine witnesses, as witnesses were not present during the trial and only their pre-trial testimonies were used. As such, the Working Group found that a violation of Mr. Bialiatski's right to cross-examine witnesses and challenge evidence, enshrined in article 14(3)(e) of the Covenant. His right to be presumed innocent was also compromised by prejudicial public statements made by officials and Mr. Bialiatski’s display in a cage during court, in violation of article 11(1) of the Universal Declaration of Human Rights and Article 14(2) of the Covenant.
Lastly, Mr. Bialiatski was denied the right to family visits, contrary to Principle 19 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
Thereby, the Working Group found these violations of Mr. Bialiatski’s rights to fair trial to be of such gravity as to render his detention arbitrary under Category III.
DISCRIMINATION BASED ON POLITICAL OPINIONS
The Working Group found that Mr. Bialiatski’s detention stemmed from his role as a human rights defender and his exercise of political opinions. This suggests that his imprisonment was not only unjust but also discriminatory based on his political views and activism.
In light of the broader context, the Working Group noted a recurring pattern in Belarusian cases linked to political opposition and human rights defenders, particularly around the 2020 presidential election - as visible in the Working Group's own jurisprudence. Besides, reports from the United Nations High Commissioner for Human Rights and statements from experts corroborate the view that Mr. Bialiatski's detention has been part of a wider campaign of repression.
Thus, this established pattern of discrimination against political activists led the Working Group to conclude that Mr. Bialiatski’s arrest and detention were discriminatory based on his political opinions, in violation of article 26 of the Covenant.
Hence, the Working Group considered Mr. Bialiatski's detention arbitrary under Category V.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Aleksandr Bialiatski was arbitrary and fell under categories I, II, III and V because his deprivation of liberty was in contravention of articles 9, 14, 19, 21, and 26 of the International Covenant on Civil and Political Rights and articles 10, 11, 19, and 20 of the Universal Declaration of Human Rights.
The Working Group recommended that the Government of Belarus take the necessary steps to remedy the situation of Aleksandr Bialiatski without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
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