Belarus: First hearing in the trial against Leanid Sudalenka, Tatsiana Lasitsa and Maria Tarasenka

The Observatory has been informed about the latest developments in the trial of Leanid Sudalenka, lawyer of the Homieĺ (Gomel) branch of the Human Rights Center Viasna [1], Tatsiana Lasitsa and Maria Tarasenka, Viasna’s volunteers working with Mr. Sudalenka.

On September 3, 2021, Leanid Sudalenka, Tatsiana Lasitsa and Maria Tarasenka appeared before the Centraĺny District Court of Homieĺ, for the first hearing in their trial, presided by judge Siarhei Salouski, known for imposing systematically unfair and repressive sentences in the post-2020 Presidential election politically motivated prosecutions. The three human rights defenders are prosecuted under charges of “organisation and preparation of actions grossly violating public order and financing such activities” (Parts 1 and 2 of Article 342 of the Belarus Criminal Code). If convicted, they could face a three-year prison sentence. Mr. Sudalenka and Ms. Lasitsa have been arbitrarily detained for more than seven months in the pre-trial detention center No. 3 in Homieĺ, and Ms. Tarasenka is currently under travel restriction and an obligation to appear before a court or an internal affairs department in case she is summoned.

Before the opening of the trial, some representatives of pro-governmental media and only five attendees were allowed into the courtroom. The court guards justified such restrictions by the health crisis due to the Covid-19 pandemic and asked those present to delete all photos taken in the hall of the building.

At the beginning of the trial, the Prosecutor’s office presented the first motion, asking the court to consider the criminal case in a closed session in order not to disclose evidence containing confidential bank information concerning the movement of funds in accounts, which is protected by the law, as well as in the interest of the safety of the witnesses and other participants in the criminal proceedings, and members of their families and close relatives. The defendants’ lawyers opposed the motion, arguing that there were no witnesses afraid of the disclosure of their data, while the case itself did not contain any state secrets. They alternatively proposed to make some sessions closed upon the witnesses’ request, but not the entire trial. However, Judge Salouski ruled to hold the trial against Leanid Sudalenka, Tatsiana Lasitsa and Maria Tarasenka in a closed session during the entire trial and all those present at the hearing were therefore forced to leave the courtroom. At the time of publication of this Urgent Appeal, the date of the next hearing of the three human rights defenders was not known due to the closed session decision.

The Observatory recalls that Leanid Sudalenka was arrested and interrogated on January 18, 2021 by the Investigative Committee of Belarus, without being granted access to his lawyer for several hours. In the same criminal case, Maria Tarasenka, Leanid Sudalenka’s assistant, was arrested on January 18, 2021 and subsequently released on January 21, 2021 under travel restrictions.For her part, Tatsiana Lasitsa was arrested on January 21, 2021 at the Minsk airport by officers of the Interior Ministry, while attempting to travel from Belarus to Lithuania.

The Observatory further recalls that Leanid Sudalenka wasinterrogated and his office was searched on January 5, 2021, by officers of the Main Department for Combating Organized Crime and Corruption of the Ministry of Internal Affairs in connection with another criminal case opened earlier in December 2020 against a Homieĺ opposition activist, Uladzimir Nepomniashchykh, in which he is figuring as a witness.

Leanid Sudalenka, a prominent human rights defender for twenty years, has been repeatedly targeted by the Belarusian authorities, along with many Viasna members. The prosecution of the three activists is part of a massive crackdown against the organisation.

The Observatory deplores the decision of the court to hold the trial of Leanid Sudalenka, Tatsiana Lasitsa and Maria Tarasenka in closed session as this modality does not ensure that their right to a fair trial will be respected throughout all the proceedings. Closed hearings can represent a breach of the right to a fair trial, enshrined inter alia in Article 14 of the International Covenant on Civil and Political Rights, in that they do not allow the public to verify the proper administration of justice and that the rights of the accused are duly respected and may, ultimately lead to arbitrary sentences.

The Observatory further condemns the ongoing arbitrary detention of Leanid Sudalenka, Tatsiana Lasitsa and other human rights defenders members and volunteers of Viasna, including Ales Bialiatski, Valiantsin Stefanovic,Uladzimir Labkovich, Marfa Rabkova and Andrey Chapyuk, as it seems to be merely aimed at punishing them for their legitimate human rights activities.

The Observatory urges the authorities to immediately release Leanid Sudalenka, Tatsiana Lasitsa and all Viasna members along with all human rights defenders, journalists and activists arbitrarily detained in Belarus and to guarantee their physical integrity, psychological well-being and right to a fair trial.The Observatory further calls on the authorities in Belarus to put an end to all acts of harassment – including at the judicial level – against Leanid Sudalenka, Tatsiana Lasitsa, Maria Tarasenka and all other human rights defenders in the country.