Reviews of the practice of applying "anti-extremist" legislation in Belarus

The review reflects the main trends in the use of markers “extremism” and “terrorism” in Belarus from April to June 2023. We investigate the publications of state media, pro-government Telegram channels, independent media, and human rights organizations. This review does not cover the analysis of the practice of using separately “protest” (“mass riots,” “actions grossly violating public order”) and most “defamation” (crimes related to “insult” and “slander” against representatives of the regime) articles of the Criminal Code, which are also part of the “anti-extremist” legislation. When publishing statistics on cases within a particular article, we mention the total number of convictions (even if several people are convicted within the same sentence) and the number of new cases of persecution (detentions and new charges). In view of the fact that many people are accused under several articles of the Criminal Code at once, the authors of the review tried to determine which article is the “main” one in the charge and, on this basis, attribute the case to one or another section of the review. For example, a report by pro-government sources refers to the detention of a “Nazi» person who is “an adherent of neo-Nazi views,” but the charge was brought simultaneously for “incitement of enmity” and “rehabilitation of Nazism” – based on the content of the message, it is obvious that the main reason for the persecution of a person is “Rehabilitation of Nazism,” and therefore, we attribute this case to such section and in statistics it is displayed as one case only under Article 130-1 of the Criminal Code. Statistics are formed almost entirely on the basis of reports from open sources. The practice of applying “anti-extremist” legislation is wider than the cases documented in the report. Repression under the marker of “fighting extremism” is ubiquitous in Belarus – government agencies do not publicly report most cases, human rights activists become aware of many cases of persecution only after a person is included in the “extremist” or “terrorist” list. In addition, the interpretation of the “anti-extremist” legislation de facto by the authorities is so arbitrary that it is often difficult to understand whether the authorities consider a particular crime to be a manifestation of “extremism” or not. In three months, we documented at least 163 new criminal cases and 44 verdicts on “extremist” grounds, not counting cases related to “protests” and “insults” (in the past period – 201 new criminal cases and 58 verdicts). We also know about at least 247 cases of administrative offenses (in the previous period – 123 cases) from public news sources, and according to the state bank of court decisions, there are much more such cases – 770 cases (in the previous period – 535 cases). During the analyzed period, the maximum recorded punishment for “extremism” is 25 years in prison. Legislators plan to introduce administrative liability for “propaganda of non-traditional sexual relations, gender reassignment, pedophilia and child-free.” A law is also being actively considered, expanding the possibilities for closing down print media that are objectionable to the authorities. Amendments are being introduced to the Criminal Code that will make it possible to judge dead people for crimes of an international legal nature. For the first time, a court recognized as “inciting enmity” a human rights assessment that described human rights violations by security forces officers. There is an increase in the attention of the security forces to minors who leave comments of oppositional content is recorded. The period was marked by a number of criminal cases for hanging the Belarusian and Ukrainian national flags in public places: if earlier the security forces considered such actions an administrative offense, then in this period such actions were already interpreted as “aiding extremist activity.” The propagandists reported on a number of planned “terror attacks” organized under the auspices of the Ukrainian special services. Many accused of “failed” acts of terrorism, despite the absence of any harm to society, may face the death penalty. For the first time in the history of observations, charges were filed under article 126 of the Criminal Code “An act of international terrorism,” which refers to crimes against the peace and security of mankind. More harsh sentences in absentia were handed down against political activists abroad. The period was marked by another case of a “violent conspiracy to seize power,” involving 18 defendants at the same time, including entire families. Many of them received terms of imprisonment close to the maximum possible. Several sentences were handed down against people who collaborated with initiatives involved in the evacuation of persecuted Belarusians abroad. New law enforcement agencies have joined in a large-scale campaign to force people who donated to solidarity funds to compensate for the damage for their “deeds”: there are cases when security forces ask to transfer to state accounts an amount that exceeds the amount donated a hundred times. On the eve of Victory Day, in May, the number of detainees for “demonstration of Nazi symbols” under Article 19.10 of the Code of Administrative Offenses increased, June was also marked by mass detentions of students under this article. In general, the number of cases of “extremist reposts” in the first half of 2023 was almost 1.7 times higher than the number of such cases for the same period in 2022. There has been an increase in the number of trials in which people are tried simultaneously for “unauthorized picketing” and “distribution of extremist materials” in order to increase the term of punishment. The analyzed period was marked by a sharp increase in the number of “raids” of security forces in regional cities, accompanied by mass arbitrary detentions, as well as an increase in the number of cases of detentions after screening phones, which are regularly carried out at the border and even in public transport. The period was marked by mass detentions for “reposting” and subsequent dismissals of clergy and teachers. In addition to arrests, fines continued to be used to punish people for reposting, which in some cases could reach several thousand dollars. It is known about the case of confiscation of a car in which “forbidden” leaflets were stored: the court recognized it as “a tool for committing an offense.” The security forces began to more actively recognize opposition pages on the Odnoklassniki social network and Internet resources of musical groups that released songs with protest overtones as “extremist materials.” Resources about the child-free ideology and the youth subculture of PMC Redan were also included on the list of “banned” materials. The list of “extremist formations” was replenished with charitable and educational organizations. Websites that covered Yevgeny Prigozhin’s rebellion were blocked on “extremist” grounds. A publishing house that published a book objectionable to the authorities was deprived of its license, and the domain name was taken away from one of the regional media.