Belarus: Sentencing and release of Ms. Liudmila Kazak

The Observatory has been informed by reliable sources about the sentencing and release of Ms. Liudmila Kazak, a human rights lawyer renowned for her work defending politically motivated cases. Ms. Kazak is notably a defence lawyer in a high profile case brought against a member of the Presidium of the Coordination Council of the Belarus opposition[1] Ms. Maryja Kaliesnikava, who is facing charges under Article 361.3 of the Criminal Code (“calls to actions aimed at harming the national security of the Republic of Belarus”).

According to the information received, in the evening of September 25, 2020, Ms. Kazak was released after Judge Alexander Rudenko of the Court of Oktyabrsky district of Minsk sentenced her to a fine of 675 rubles (approximately 220 euros) under Article 23.4 of the Administrative Code. The Court dropped the initial charge of “participation in an unauthorised mass event”, but found Ms. Kazak guilty of “resisting police officers” while they were arbitrary arresting her, on September 24, without introducing themselves nor explaining the reasons for her arrest (see background information).

The Observatory further calls for the immediate and unconditional release of two other lawyers involved in the Coordination Council and the protection of its members, [2] , who have been arbitrarily detained since September 8, 2020 (see background information).

Background information:

On September 24, 2020, at around 2 pm, Ms. Liudmila Kazak became unreachable on her mobile. Around 7 pm of the same day, Minsk police department spokeswoman Natalia Hanusevich reported to the media that Ms. Kazak was being detained for an administrative offense in one of the police departments of Minsk. Ms. Hanusevich did not specify which were the administrative charges brought against Ms. Kazak.

Ms. Kazak could not get access to her lawyers - Mr. Viktar Matskevich and Ms. Sviatlana Gorbatok - for more than three hours following her arrest. Mr. Viktar Matskevich later confirmed that Ms. Kazak was held at the Okrestina Preliminary Detention Center in Minsk and that two detention protocols were drawn up under Articles 23.34 and 23.4 of the Administrative Code (“participation in an unauthorised mass event” and “disobedience to a police officer”). According to the protocols, on August 30, 2020, Ms. Kazak would have attended an unauthorised mass event on the Pobediteley Avenue, while she denies this information. The witnesses’ names indicated in the protocols were changed, and Ms. Kazak was not given copies of those protocols.

The Human Rights Centre (HRC) Viasna, FIDH’s member-organisation in Belarus, believes that the administrative case against Ms. Kazak was brought by the authorities in order to impede her work on the case of Ms. Kaliesnikava, and even to deprive her of her lawyer status. [3] On September 25, at 11.00 a.m., the Minsk City Court reviewed the complaint against the decision of the Partisanski District Court of Minsk which chose the arrest as a preventive measure against Ms. Kaliesnikava. As a result of the arrest and the charges brought against Ms. Kazak, she was unable to defend her client. Mr. Aliaksandr Pylchenko, another lawyer of Ms. Kaliesnikava, was the only one attending the hearing.

On September 9, two other lawyers involved in the Coordination Council and the protection of its members, Messrs. Maksim Znak and Illia Salei, were also arrested, and subsequently charged under Article 361.3 of the Criminal Code. Both are currently held in pre-trial detention center No. 1 in Minsk. Mr. Znak started a hunger strike as a protest against the charges.

The Observatory urges the Belarusian authorities to guarantee in all circumstances the physical and psychological integrity of Ms. Liudmila Kazak, Mr. Maksim Znak and Mr. Illia Salei, and to release Mr. Maksim Znak and Mr. Illia Salei immediately and unconditionally.