Coordinator of European Belarus Maksim Viniarski Was Recognized as a Political Prisoner

Human rights activists demand his immediate release.

Belarusian human rights activists demand the immediate release of the coordinator of the civil campaign European Belarus Maksim Viniarski. He is recognized as a political prisoner. The appeal of the Belarusian human rights defenders was published on the website of the HRC Viasna.

Joint statement of human rights organizations in Belarus

Minsk, 28.02.2021

In connection with information about the detention on January 22 by the employees of the GUBOPiK Ministry of Internal Affairs as a suspect under Art. 13 part 2 of Article 293 of the Criminal Code ("Preparation for participation in mass riots") of the activist of European Belarus Maksim Viniarski, once again confirming the position outlined in the joint statement of the human rights community on August 10, 2020, we note the following:

Freedom of peaceful assembly is guaranteed by article 21 of the International Covenant on Civil and Political Rights. This freedom is not subject to any restrictions other than those established by law and necessary in democratic countries for the purposes of national and public security, public order, health and morals of the population, or the protection of the rights and freedoms of others.

The rallies of citizens were spontaneous, self-organized; they were caused by distrust in the results of the elections of the President of the Republic of Belarus, which took place on August 9, 2020, were held with numerous violations and falsifications, and were not recognized by the international community as democratic, fair, and free.

The gatherings of citizens were peaceful and did not pose a threat to either national or public security. Despite this, the demonstrators were attacked by the Ministry of Internal Affairs' special forces with disproportionate use of physical force, special equipment, and weapons.

For the first time in the history of Belarus, rubber bullets and water cannons were used against peaceful demonstrators. A particularly large amount of damage was received from the use of noise grenades.

In a statement dated August 10, 2020, the Belarusian human rights community condemned the actions of law enforcement agencies and placed all responsibility for what happened on August 9 and 10 on the authorities of the Republic of Belarus.

We also consider it necessary to note that the demonstrators did not commit actions that are covered by the disposition of Article 293 of the Criminal Code and, accordingly, cannot be qualified as mass riots. The protesters did not commit arson and pogroms, did not destroy property, and did not put up armed resistance to law enforcement agencies.

Certain cases of violent actions against police officers by demonstrators require separate legal qualifications, taking into account the context and circumstances of the use of violence, including self-defense against knowingly disproportionate actions of police officers.

It should be noted that the representative of the campaign European Belarus Maksim Viniarski is a principled and long-standing opponent of the existing political regime in the country.

For his exclusively peaceful oppositional, public political activity, he was repeatedly subjected to reprisals by the current government: fines, administrative arrests, beatings, intimidation, and pressure.

We assess the persecution of Maksim Viniarski, suspected of preparing for participation in mass riots (Article 13, Part 2 of Article 293 of the Criminal Code), as politically motivated persecution in connection with his exercise of the freedom of peaceful assembly and expression of his opinion on the announced results of the elections of the President of the Republic of Belarus, as well as in connection with his public political activities, and recognize him as a political prisoner.

In this regard, we demand from the Belarusian authorities:

Immediately release from custody the political prisoner, activist of the European Belarus Maksim Viniarski, and stop his criminal prosecution.

Immediately release all political prisoners, as well as citizens detained in connection with the exercise of freedom of peaceful assembly in the post-election period and stop political repression against the country's citizens.

Human Rights Center Viasna;

RPOO Belarusian Helsinki Committee;

Belarusian PEN Center;

Center for Legal Transformation Lawtrend;

Simple Society FORB Initiative;

Human Constanta Consulting Center for Current International Practices and Their Implementation in Law;

RPO Legal Initiative;

Belarusian Documentation Center.