Investigative Committee served charges in “graffiti artists’ case”

One of them, Maxim Pyakarski, has a birthday today. He turns 24.

And today Maxim Pyakarski and Vadzim Zharomski have been charged with violation of Article 339 Part 2 of the Criminal Code – “Hooliganism committed by a group of persons” for making graffiti in Belarusian and painting over a billboard.

It is unknown whether charges have been brought against Vyachaslau Kasinerau, who stays in a hospital. Yaraslau Ulyanenkau remains a suspect, Viasna human rights centre informs.

Three orders on institution of criminal proceedings have been united in one case. However, one of the cases initiated for painting over a billboard with an image of policemen, was first treated as “Defiling of buildings and property damage” (Article 341 of the Criminal Code), and later it was re-determined as an offence under Article 339 Part 2 of the Criminal Code as well.

Now the young men are facing a punishment of restriction of liberty for up to 3 years, or deprivation of liberty for a term from 1 to 6 years.

It is to be informed later whether the measure of restraint for Zharomski and Pyakarski is to be changed for the period of investigation.

As a lawyer of the human rights centre Viasna Paval Sapelka noted earlier, making pictures on walls could not be treated as hooliganism in this case, as these actions are not facts of gross violation of public order, expressing open contempt to the society.

“I can confidently assert that these writings and pictures do not grossly violate public order and do not show open contempt to the society: they do not include abusive pictorial representation, offensive language and abusive terms.

Under these circumstances, the motive of making such writings could not be hooliganism, such actions are a way of expressing one’s opinion.

The Constitution of Belarus and the International Covenant on Civil and Political Rights oblige the state to respect the right to voice one’s opinions, if they are exercised peacefully, do not infringe on the state or public security and morals.

Undoubtedly, these graffiti are also a manifestation of voicing opinions, which are not accompanied by direct calls to commit illegal acts. These writings, as well as pictures, are not a call at all. And from this point of view they should be treated by the agency dealing with the case and in charge of the criminal proceedings.

Ant kind of suppositions, overinterpreting and assuming the sense of the inscriptions and pictures on behalf of their authors are unacceptable when investigating a criminal case, as they violate the assumption of innocence,” Sapelka said.

We remind that on August 11 five young men were brutally detained as suspects in three criminal cases: making graffiti in Belarusian “Belarus must me Belarusian,” and “Revolution of Consciousness, It Is Near At Hand...", and painting over a social advertising billboard with policemen on it.

Viasna human rights centre have already made a statement on this situation and demands immediate release of Vyachaslau Kasinerau, Maxim Pyakarski and Vadzim Zharomski.