Since the political component of many cases of repressive criminal prosecution in the Republic of Belarus is not obvious, owing to manipulation by investigative bodies and courts, we, a coalition of human rights defenders, civil society organisations and initiatives, independent activists and associations, declare the following:
On 5 October 2021, Oleg Borozna and Alexander Mateyuk were found guilty under Articles 328 and 332 of the Criminal Code of the Republic of Belarus and sentenced by the Zheleznodorozhny District Court of Vitebsk to 2.3 and 9 years in a penal colony respectively.
Based on the information that Borozna and Mateyuk were activists of "Country for Life" and of Sviatlana Tsikhanouskaya’s team, for which they were repeatedly subjected to administrative prosecution, unlawful detentions, fines, and actions degrading their honour and dignity in the form of compromising and insulting information about them published on pro-government outlets, we, a coalition of human rights defenders, civil society organisations, initiatives, activists and associations, declare that Oleg Borozna and Alexander Mateyuk must be recognised as political prisoners.
After their detention on 9 February 2021, a video appeared on pro-government channels in which Oleg Borozna talks about his involvement in Sviatlana Tsikhanouskaya’s election campaign headquarters. The video was evidently recorded under physical and psychological pressure, and its recording was accompanied by threats from security officers.
The detention itself took place during a large-scale operation in which, on suspicion of acts covered by Article 328 of the Criminal Code, security officers burst in to search the homes of all local activists who had previously been detained under administrative articles related to their political and civic activities.
This was also the reason for the measures the security services took to monitor the men, namely the installation of video cameras in the garage of one of the detainees, which was stated at the court hearings.
In addition, the articles under which the authorities originally tried to charge the activists were primarily related to the prisoners’ political and civic activity (Article 283 of the Criminal Code). The charges were later requalified as “drug-related”.
Throughout the investigation, the activists’ rights were repeatedly violated, they themselves were subjected to pressure, and their lawyers, in breach of the law, were bound by non-disclosure undertakings regarding the circumstances and details of the case.
The actions of security officers, as well as of investigators and judges, violate a number of legal norms with respect to the prisoners, clearly discriminating against them and singling them out compared with other criminal cases:
- Article 5 of the Universal Declaration of Human Rights (hereinafter UDHR) on the prohibition of torture or inhuman, degrading treatment;
- Article 9 of the UDHR on the prohibition of arbitrary or unlawful arrest;
- Article 10 of the UDHR on access to an independent and fair tribunal;
- Article 11 of the UDHR on the presumption of innocence until a person’s guilt is proven by a fair and independent court.
A number of other fundamental and unconditional human rights enshrined in international instruments were also violated.
All of the above characterises the prosecution of Oleg Borozna and Alexander Mateyuk as persecution by the state authorities in connection with their political views and civic activity.
Alexander Mateyuk and Oleg Borozna must be immediately released from custody, have their rights restored and be rehabilitated.
We consider the drug policy pursued by the Lukashenka regime to be unjust and excessively harsh. However, given our limited resources and the specific situation in Belarus with regard to political persecution in particular, we are unable to provide the necessary legal assistance to those unjustly convicted under Article 328 of the Criminal Code.
At the same time, there are a number of organisations and initiatives in Belarus and abroad that deal specifically with this issue. You can contact them for advice and help:
Legalize Belarus
Movement of Mothers 328
International Centre for Civil Initiatives “Our House”