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. 45/2023 concerning Igor Alyaksandravich Losik starting for 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 Igor Alyaksandravich Losik (Belarus): Opinion No. 45/2023.
ARRESTED WITHOUT AN ARREST WARRANT AND SUBJECTED TO PROLONGED PRE-TRIAL DETENTION
Igor Alyaksandravich Losik, born in 1992, is a citizen of Belarus. He is an activist, blogger and consultant for the Belarus service of Radio Free Europe/Radio Liberty. He is also the co-founder and administrator of “Belarus of the Brain”, a Telegram channel founded in 2016 to create a news platform accessible to all Belarusians, which became the main media outlet used by the Belarusian opposition. He had previously led peaceful protests as part of the Revolution through Social Networks movement in 2011.
On 25 June 2020, Mr. Losik was arrested at his home and accused of using the ”Belarus of the Brain'' Telegram channel to disrupt public order ahead of the presidential election of August 2020. Hours after his arrest, Mr. Losik and his family learned that a criminal case had been opened against him under article 342 the Criminal Code of Belarus for the “organization of and active participation in actions that grossly disrupt the public order”, which carries a sentence of three years’ imprisonment.
After the arrest, Mr. Losik was kept in a district pre-trial prison in Minsk. Two months later, he was transferred to the pre-trial detention center in Zhodina, where an additional charge related to "mass disturbances" and based on article 293(2) of the Criminal Code was brought against him for a total penalty of up to 11 years in prison. During his closed-door trial in 2021, Mr. Losik was found guilty and sentenced to 15 years’ imprisonment. The sentence was upheld by the Supreme Court of Belarus and Mr. Losik was transferred to a high security facility where he is currently serving the rest of his sentence. Though given the opportunity to answer these allegations, the Government chose not to.
The Working Group found that Mr. Losik’s arrest was arbitrary, as authorities failed to provide him with an arrest warrant at the time of the arrest, in violation of articles 3 and 9 of the Universal Declaration of Human Rights and article 9(1) of the Covenant. Furthermore, the Government failed to promptly inform Mr. Losik of any charges brought against him, in violation of article 9(2) of the Covenant. Finally, Mr. Losik spent about a year in pre-trial detention, and the possibility of preventive measures was not duly considered, in breach of article 9(3) of the Covenant.
Considering these violations, the Working Group concluded that Mr. Losik’s arrest and subsequent detention were devoid of any legal basis, thus rendering his deprivation of liberty arbitrary under Category I.
DETAINED FOR HIS JOURNALISTIC ACTIVITIES AND PEACEFUL EXERCISE OF HIS FUNDAMENTAL RIGHTS
Mr. Losik’s arrest and detention resulted solely from his journalistic activities and his peaceful exercise of the right to freedom of expression and association, and that the government of Belarus has not invoked any of the permitted restrictions to these rights. As such, the Working Group considered that Mr. Losik's rights to freedom of expression and association, enshrined in articles 19 and 22 of the Covenant, had been violated.
Moreover, the Working Group noted that this case is consistent with a broader pattern identified by the Office of the United Nations High Commissioner for Human Rights in relation to the censorship and detention of hundreds of journalists in Belarus after the 2022 election.
In light of the above, the Working Group concluded that Mr. Losik’s detention was arbitrary, falling under Category II, as it stemmed from his peaceful exercise of her fundamental rights.
SUBJECTED TO BLATANT VIOLATIONS OF HIS RIGHT TO A FAIR TRIAL
The Working Group has determined that Mr. Losik was not tried by an independent and impartial tribunal, in violation of his right under article 10 of the Universal Declaration of Human Rights and article 14 of the Covenant. It referred to the report submitted by the Special Rapporteur on the situation in Belarus of the Human Rights Council in respect to this period, which outlines that institutional deficiencies and politically motivated interference and pressure on courts and the judiciary undermined judicial independence and negatively affected the realization of the right to a fair trial in Belarus.
Furthermore, the Working Group found that the authorities did not grant the public and the media access to Mr. Losik’s trial, with the hearing of his case behind close doors being in violation of his rights under article 10 of the Universal Declaration of Human Rights and article 14 of the Covenant.
Lastly, the Working Group noted its concern that the confidentiality of Mr. Losik’s communication with his lawyer was not guaranteed, defeating much of the purpose of legal assistance. Following the source’s complaint about the intimidation of Mr. Losik’s lawyer, the Working Group concluded that Mr. Losik was deprived of effective legal representation, contrary to article 14(3)(b) of the Covenant.
For the above reasons, the Working Group concluded that the violations of Mr. Losik’s right to a fair trial are of such gravity as to give his deprivation of liberty an arbitrary character under Category III.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
The Working Group is disturbed by the uncontested allegations concerning Mr. Losik’s health and well-being, including severe humiliation and numerous arbitrary acts including searches, unexplained constant changes of cell, and intimidation of his family. All of these acts might have exacerbated his distress, appear to have been carried out in retaliation for his activism and are thus incompatible with the obligations Belarus has assumed under article 10 of the Covenant.
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Igor Alyaksandravich Losik was arbitrary and fell under categories I, II and III because his deprivation of liberty was in contravention of articles 3, 9, 10, 19 and 20 of the Universal Declaration of Human Rights and articles 9, 14, 19 and 22 of the International Covenant on Civil and Political Rights.
The United Nations Working Group on Arbitrary Detention requested that the Government of Belarus take the necessary steps to remedy the situation of Igor Alyaksandravich Losik 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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