Under the authoritarian leadership of Alexander Lukashenko, Belarus has experienced a severe crackdown on dissent for nearly three years. This crackdown has resulted in the imprisonment of thousands of political activists, with new arrests occurring on a daily basis. Concurrently, the Belarusian government has launched a campaign to eliminate independent lawyers, making it increasingly challenging for detainees to mount a proper legal defense.
Siarhej Zikratski, a lawyer, was among those who were compelled to leave Belarus under the threat of arrest. Since 2020, over 500 of his colleagues have had their law licenses revoked and subsequently resigned from the profession. Many of these lawyers have sought refuge abroad after facing retaliation within their home country, with some even being incarcerated.
According to Zikratski, Belarus has effectively depleted its supply of independent lawyers available to represent the numerous political prisoners in the country, which has a population of 9.5 million. He describes the situation as “catastrophic.”
Lawyers are now hesitant to take on “politically motivated cases, and even those who have already signed contracts with clients are no longer willing to provide them with legal services” Zikratski said.
“Chances of finding a lawyer for a political prisoner in Belarus are now close to zero.”
The demand for lawyers in Belarus is surpassing the available supply, as repressive measures intensify and the number of political prisoners continues to rise, “but there is no one to defend them“, according to Siarhej Zikratski.
The extensive crackdown commenced following the controversial reelection of Alexander Lukashenko, who has maintained a firm grip on power in Belarus for 29 years. The presidential election in August 2020 was widely viewed as fraudulent both domestically and internationally, sparking massive protests, some of which attracted over 100,000 participants.
In response, authorities unleashed a brutal crackdown, resulting in the arrest of over 35,000 individuals, with thousands subjected to police brutality while in custody. Additionally, dozens of independent media outlets and non-governmental organizations were forcibly closed down.
The number of lawyers in Belarus has drastically declined from around 2,200 in 2020 to approximately 1,650 this year, as reported by the Justice Ministry. Zikratski highlighted that the authorities have established a system that only allows government loyalists to represent political prisoners. “It profanes the very idea of legal defence, and political prisoners aren’t only deprived of the right for legal assistance but can’t even report on torturous conditions behind bars” he said.
In Belarus, where the likelihood of convictions is almost certain once charges are filed against a defendant, independent lawyers continue to play a crucial role. They ensure that legal cases are not hastily concluded and that proper legal procedures are followed. Furthermore, these lawyers serve as vital intermediaries between detainees and their families, facilitating communication and support.
In a recent speech, Alexander Lukashenko, in a straightforward manner, stated that defense lawyers “must be under control.”
He expressed the view that “A defence lawyer is a public servant and his actions must be based on legal norms and not some imaginary norms like freedom of speech and other freedoms”. Lukashenko emphasized his disapproval of these freedoms, stating, “We have had enough of those freedoms.”
Numerous prominent lawyers who defended political prisoners have received lengthy sentences on what are widely regarded as fabricated charges. For instance, attorney Maksim Znak, who represented a presidential candidate, was sentenced to 10 years for alleged involvement in an extremist group, conspiracy to seize power, and incitement against national security. Similarly, Aliaksandr Danilevicz, who voiced opposition to Russia’s war in Ukraine and defended Belarusian athletes who supported protests, received the same sentence on charges related to harming national security and aiding extremist activities. Notably, human rights activist Ales Bialiatski, a recipient of the 2022 Nobel Peace Prize, is serving a 10-year sentence after being convicted of financing actions that disrupted public order and smuggling, charges he vehemently denies.
Vital Brahinets, the defense lawyer for Ales Bialiatski, has been handed an eight-year sentence for allegedly inciting actions against national security, while another lawyer representing him has been stripped of their law license. Natalia Pinchuk, Bialiatski’s wife, is now reluctant to disclose the identity of his remaining lawyer out of fear of losing their services.
Pinchuk expressed her desperation as she has not had any contact with her husband since May, when he was transferred to a notoriously brutal maximum-security prison where he has been denied access to legal representation. According to information relayed through fellow inmates, authorities have even denied Bialiatski basic writing materials to request legal assistance. Pinchuk shared, “They are keeping him in tight information blackout and creating unbearable conditions to demonstrate that even a Nobel Prize laureate could be deprived of everything, including an opportunity to meet with a lawyer”. She described the authorities’ tactics by saying, “The authorities have learned how to use lawyers as an instrument of manipulation and pressure.”
Recent letters from the 60-year-old Bialiatski have indicated a decline in his health, particularly his eyesight. Pinchuk emphasized the impossibility of assessing his condition without legal representation. She further stated, “The authorities have realised that lawyers tell journalists and international organizations about violations and torturous conditions in Belarusian prisons for political prisoners”. “Lawyers know better than anyone else that confinement in Belarusian prisons seriously undermines inmates’ health.”
The whereabouts and well-being of opposition leader Nikolai Statkevich, serving a 14-year prison sentence, and Maria Kolesnikova, sentenced to 11 years, have remained unknown for over 100 days. Similarly, there has been no recent information regarding the condition of Viktar Babaryka, an aspiring presidential candidate serving a 14-year term, leading his supporters to suspect he may have been subjected to physical abuse and transferred to a prison hospital.
Natalia Pinchuk believes that the United Nations should intervene to “rupture the information blackout around Belarusian political prisoners.”Expressing her hope for the UN to utilize its available mechanisms effectively, she said, “It would be great if the UN properly used all the instruments it has. Regrettably, we have recently seen that despite the terror in Belarus, the UN often has turned a blind eye to the situation.”
Authorities have imposed a ban on private law firms’ activities, compelling all defense lawyers to be affiliated with state associations closely monitored by the Justice Ministry, which appoints the association heads. According to the law, if a defendant is unable to secure their own representation, state lawyers are assigned. However, these lawyers often align themselves with investigators rather than advocating for their clients’ interests.
Volha Vysotskaya, who faced charges of inciting tensions, recounted her futile attempt to reach out to a state lawyer assigned to her trial in order to access case-related documents. She described how the lawyer “not only has refused to talk to me but switched off his phone and blocked me on all messaging apps.” Vysotskaya, who fled the country prior to her trial, was tried in absentia and received a 12-year sentence.
Vysotskaya emphasized that “Defence lawyers in Belarus have become an instrument of government repression instead of defence, and it’s not even clear what is worse — a lack of a defence during a trial or a formal presence of a lawyer legitimizing the verdict.”
Sviatlana Tsikhanouskaya, an opposition leader who contested against Lukashenko in the 2020 election and was compelled to flee Belarus afterward, was tried in absentia and convicted of extremism, high treason, and threats to state security. She received a 15-year sentence. Tsikhanouskaya expressed her inability to review case materials and communicate with the state-appointed lawyer representing her.
Presidential candidate Sviatlana Tsikhanouskaya entered the race after her husband, Siarhei Tsikhanouski, a prominent blogger and activist, was arrested shortly after announcing his candidacy. Siarhei was convicted on charges of organizing mass unrest, inciting hatred, and defying the police, resulting in a 19 1/2-year prison sentence. According to Tsikhanouskaya, her husband has been subjected to “torturous conditions” and has been denied access to legal representation. She hasn’t received any communication from him in over three months.
Tsikhanouskaya criticized President Lukashenko, likening him to a figure with a blindfolded statue of justice but with “a gag in her mouth and earplugs.” In response to the deteriorating situation, hundreds of lawyers who fled Belarus established the Belarusian Association of Human Rights Lawyers and called on the United Nations to take action. The association emphasized, “Belarus has approved legislation that violates the very principles and essence of legal defence and applied the practice of total control over lawyers. The repressions have destroyed procedural and professional guarantees for lawyers’ activities, resulting in the effective destruction of legal defence in the country.”
According to Zikratski, Belarus is currently facing a dire situation, describing it as a “terrible moment.” He warned that the country “is quickly turning into a concentration camp in the middle of Europe”, wherin “Repressions in Belarus are escalating and the country has run out of lawyers, the consequences of which aren’t difficult to predict.”
