Since the beginning of mass repression in 2020, tens of thousands of Belarusians have been persecuted. The authorities targeted journalists, human rights defenders, and lawyers. Since the autumn of 2020, the Belarusian authorities have arbitrarily arrested at least 23 lawyers and then used these arrests as an excuse to prevent them from representing their clients in politically motivated cases and disbar them. During this time, 11 lawyers were prosecuted, of which six are still behind bars. According to the Right to Defense initiative, more than 140 lawyers have been disbarred, and almost three hundred have been forced to leave the profession themselves.
Human rights activists note that the mass prosecution of lawyers in administrative and criminal cases began in the second half of 2022. Criminal cases were initiated against lawyers for “leaking the data of security forces” under Article 130 of the Criminal Code (inciting other social hatred), for participating in protest marches under Article 342 of the Criminal Code (active participation in actions grossly violating public order), for “calls for sanctions” under Article 361 of the Criminal Code, for “facilitating extremist activities” under to Articles 361-4 of the Criminal Code, for “disclosure of data” under Article 407 of the Criminal Code.
Lawyers who remain behind bars for political reasons
Among the six imprisoned lawyers, Maksim Znak was sentenced to the longest term. He was also the first to be detained in 2020. Znak was detained in the Coordinating Council case on September 9, 2020. On December 21, it became known that, on behalf of the Prosecutor General’s Office, the Investigative Committee initiated a criminal case on conspiracy to seize power by unconstitutional means (Part 1 of Article 357 of the Criminal Code) against members of the Coordinating Council. Maksim Znak also became a defendant in a criminal case on the creation of an extremist formation (Article 361-1 of the Criminal Code), brought against the Coordinating Council.
On February 11, it became known that Maksim Znak and Maryia Kalesnikava received new charges: conspiracy to seize state power by unconstitutional means (Part 1 of Article 357 of the Criminal Code), the creation of an extremist formation and leading it (Part 1 of Article 361-1 of the Criminal Code).
On September 6, 2021, the Minsk Regional Court, in closed mode, after a month of handling the criminal case, sentenced Maksim Znak and Maryia Kalesnikava, who was detained with him. Judge Siarhei Yepikhau found them guilty under three articles of the Criminal Code: Part 3 of Article 361 (calls to action against national security), Part 1 of Article 357 (conspiracy to seize state power unconstitutionally), Part 1 of Article 361-1 (creation and leadership over an extremist formation) and sentenced Maksim Znak to 10 years in a medium security penal colony, and Mariya was sentenced to 11 years of imprisonment.
