Vienna Mechanism Letter on Belarus 2024

This letter is being sent to you on behalf of the following delegations, members of the informal Group of Friends of Democratic Belarus: Belgium, Bulgaria, Canada, Croatia, Czechia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania, Luxemburg, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden, the United-Kingdom, the United-States, and also on behalf of Albania, Austria, Bosnia-Herzegovina, Liechtenstein, Moldova, North Macedonia, Slovakia, Switzerland and Ukraine.

In the 1991 Moscow Document, OSCE participating States declared that commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. This was subsequently reaffirmed, inter alia, at the Seventh OSCE Summit of Heads of State, held in Astana in December 2010.

In keeping with this commitment, we wish to express our deep concern regarding the severe human rights violations and abuses occurring in Belarus. On 23 March 2023, 38 participating States activated the OSCE’s Moscow Mechanism, establishing an expert mission to investigate and report on the situation in Belarus since 5 November 2020 in relation to a growing number of persons being detained for politically motivated reasons as it pertains to policies and actions in the field of the OSCE human dimension.

The independent report prepared by rapporteur Professor Hervé Ascensio was formally introduced to the Permanent Council on 11 May 2023. The report emphasises that the set of legislative reforms, which was adopted in the aftermath of the 2020 massive repression, was designed to hinder any form of opposition and led to a high number of political prisoners in Belarus. This growing repression took the form of waves of arrests on political grounds, targeting demonstrators, journalists, other media workers, human rights defenders, representatives of trade unions, lawyers, political opponents, and those expressing their opposition to the Russian war of aggression against Ukraine, among others.

The Moscow Mechanism report describes an elaborate repressive system based on particularly vaguely defined offences and an expansive definition of so-called extremism, which produces a constant flow of politically motivated prosecutions, under both criminal and administrative law. The report recommended the release of all political prisoners and a reform of existing laws in Belarus to bring national criminal legislation and the code of administrative offences in full compliance with international norms and standards. Although several political prisoners were released in early July 2024, at least 1400 remain unjustly detained.

The report also underlines that: “Torture and inhuman or degrading treatment are occurring on a regular and organized basis in places of detention and are particularly targeted at those perceived as political opponents. Numerous political prisoners are being subject to torture, and various testimonies depict acts of physical or sexual violence. Political prisoners in all detention centres face severe difficulties in obtaining basic medical care. The judicial system in Belarus does not offer all guarantees of a fair trial and lawyers defending politically accused persons are in turn subject to persecution.”

To date, six of these individuals have died in detention: Vitold Ashurak, Mikhaïl Klimovich, Ales Pushkin, Vadzim Khrasko, Ihar Lednik and Aliaksandr Kulinich. Many others, like Mariya Kalesnikava, Viktar Barbaryka, Maksim Znak and Siarhei Tsikhanouski are being held incommunicado.

In May 2023, 17 UN Experts called on Belarusian authorities to immediately release all prisoners detained on politically motivated grounds noting the systematic placement of these persons in “even harsher conditions than the general prison population”, as well as the denial of appropriate medical treatment and the use of incommunicado detentions.

The deterioration of human rights in Belarus was also highlighted in a recent report of the OHCHR presented on 15 March 2024, noting that “since 2020, tens of thousands of Belarusians, including children, have been arbitrarily arrested and detained for political grounds” and that “at 31 December 2023, at least 1 477 persons […] remained in detention [for charges] that OHCHR has determined to be politically motivated”.

According to the OHCHR, thousands of individuals have been subjected to systematic and discriminatory practices amounting to cruel, inhuman or degrading treatment or punishment in detention facilities across Belarus. This report underlines that the political prisoners were subject to discriminatory and punitive treatment, facing harsher conditions than the other prisoners including unhygienic conditions, the denial of access to bathing facilities, overcrowded cells, the denial of access to correspondence and to contact with family members. The cells and clothing of political prisoners were marked with yellow tags.

The OHCHR also found evidence that detainees had been tortured, with many victims sustaining long-lasting and even life-changing injuries, and subjected to sexual and gender-based violence.

The UN Special Rapporteur on the situation of human rights in Belarus and members of the Working Group on Arbitrary Detention have also noted Belarus’ failure to provide adequate medical treatment and care to detainees in critical conditions.

In addition, in March 2024, the UN Committee on the Elimination of Discrimination against Women (CEDAW) found the Belarusian authorities in violation of the Convention on the Elimination of All Forms of Discrimination against Women and Rule 81 of the Nelson Mandela Rules by failing to respect the privacy, dignity and health care needs of women political detainees and ordered Belarus to provide full reparation, including adequate compensation to the victims, as well as access to appropriate medical care to address the negative impact on their physical and mental health.

The respected NGO, Freedom House reports also that, “For those who survive harsh prison conditions, the ordeal does not end upon release. They continue to endure harassment from security forces, including arbitrary detentions, home raids, travel bans, repeated criminal persecutions, and harassment of their families. Earlier this year, the security services raided homes and detained at least 287 former political prisoners and relatives of current inmates, who had received food parcels from an aid initiative.”

Regrettably, the Belarusian authorities have neither implemented the recommendations of the Moscow Mechanism report nor utilized the OSCE’s institutions, bodies, and mechanisms to address the violations described. On the contrary, since the presentation of the Moscow Mechanism report in May 2023, the human rights situation in Belarus, in particular that of political prisoners, has continued to deteriorate, as described in the report of the OHCHR mentioned above.

While we take note of the recent release of several political prisoners, we consider unsatisfactory the Belarusian authorities’ response to the Moscow Mechanism report of 11 May 2023 and, given our ongoing concerns about developments over the past 12 months, our countries are now invoking the Vienna (Human Dimension) Mechanism, along with the requirements of Belarus under that Mechanism.

For these reasons, and in reference to relevant OSCE commitments, including: the 2020 Tirana Ministerial Council Decision on prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment; the 2004 Sofia Ministerial Council Decision on Preventing and Combating Torture; the 2006 Brussels Declaration on Criminal Justice System; the 1989 Vienna Concluding Document; the 1991 Document of the Moscow meeting of the conference on the Human Dimension of the CSCE; and the 1990 CSCE/OSCE Copenhagen Document, we request concrete and substantial responses to the following:

Since the release of the Moscow Mechanism report on Belarus, on 11 May 2023,

1. What steps have Belarusian authorities taken to ensure that persons deprived of liberty on politically motivated grounds are treated with humanity and respect for their inherent dignity?

1. What steps have Belarusian authorities taken to release political prisoners on humanitarian grounds, including those with serious health issues or chronic conditions, people with disabilities, minors, older persons, people with children or single parents? What update can be provided on Aksana Liaushova, Ihar Shumilau, Aliaksandr Karaliou, Pavel Piskun, Aliaksandra Pulinovich, Anastasiya Klimenka, Dzmitry Zaharoshka, Maryia Misiuk, Trafim Barysau, Lieanid Kavaliou, Andrei Budai, Nadzeya Laptsianok, Dzmitry Scherbin, Pavel Yukhnevich, Uladzimir Tsyhanovich, Iryna Schasnaya, Volha Zalatar, Tatsiana Kaneuskaya, Alena Hnauk and Iryna Melkher?

1. What steps have Belarusian authorities taken to ensure that specific needs of female detainees, including psychological and medical needs, are taken into account?

1. What steps have been taken to ensure that all detainees have access to necessary and appropriate medication and medical care? What update can be provided, among others on Ales Bialiatski, Halina Dzerbysh, Valiantsin Kolb, Kanstantsin Prusau, Pavel Kuchynski, Volha Stabrouskaya and Alla Zueva?

1. What steps have been taken to ensure decent conditions of detention for all prisoners? Do authorities in charge of detention facilities provide all prisoners, without exception, with blankets, mattresses, and sanitary articles? Which measures have been taken against overcrowding?

1. In the light of documented cases of ill-treatment which may in some instances amount to torture, including sleep deprivation, what steps have Belarusian authorities taken to investigate all allegations and to prevent such treatment in the future?

1. What criteria govern the use of solitary confinement, punishment cells (SHIZO) and cell-like premises (PKT)? As these have been identified as potentially inhumane conditions of detention, what steps have been taken to reduce their use?

1. What steps have been taken to ensure that every prisoner has access to legal counsel of their own choosing, to effective remedies and a fair trial? What steps have been taken to ensure that prisoners are able to maintain contact with family members? What update can be provided on the situation of Siarhei Tsikhanouski, Mariya Kalesnikava, Viktar Barbaryka, Maksim Znak, Mikalai Statkevich, Marina Zolotova, Katsiaryna Novikava and Ihar Losik, who reportedly have been held without correspondences with or access to lawyers and family for more than one year? Please provide details of the conditions in which they are being held and about their health and wellbeing, and any other updates.

1. Will Belarusian authorities refrain from implementing the procedure of deprivation of citizenship of Belarusian nationals living abroad as a sanction for so called “participation in extremist activity or infliction of grievous harm to the interests of the Republic of Belarus”?

1. Will Belarus end repressive measures taken against family members in order to exert pressure on defendants and political prisoners?

1. As a measure of transparency, would Belarus allow visits to detention facilities by representatives of international organizations, including the ICRC, and foreign States in detention facilities?

We expect to receive information in response to these serious concerns in writing within ten days, in accordance with the Vienna (Human Dimension) Mechanism.