Human rights organisations call for immediate release of detained Belarusian lawyers

Open statement in connection with the detention of Belarusian lawyers

Ilya Salei and Maksim Znak

September 10, 2020

We express our deep concern at the detention of lawyers Ilya Salei and Maksim Znak on September 9, 2020, in Belarus, in a criminal case which is undeniably politically motivated. We consider this to be a gross violation and interference with their professional legal activities and with their rights to express professional opinions, as established by international legal standards. This case is a direct consequence of a dire situation, problems and violations of professional rights of attorneys and lawyers and overall functioning of the legal profession in the Republic of Belarus. These problems were highlighted by both international organizations and representatives of the legal community before.[1]

According to information posted on the website of the Main Investigation Department of the Investigative Committee of the Republic of Belarus, “the investigation of the criminal case opened by the General Prosecutor’s Office of the Republic of Belarus under Part 3 of Art. 361 of the Criminal Code of the Republic of Belarus. At the moment, in the course of the investigation, evidence has been obtained that testify to the commission by individuals of a non-governmental organization called the Coordination Council, actions aimed at destabilizing the socio-political, economic situation and public awareness in the country, causing harm to the national security of the Republic of Belarus. These actions were carried out using the media and internet resources. With regard to the suspects Maria Kolesnikova and Maksim Znak, with the approval of the prosecutor, a preventive measure was chosen in the form of detention. Ilya Salei was also detained on suspicion of committing this crime.”[2]

However, detained Ilya Salei is a lawyer of Maria Kolesnikova, one of the leaders of the Belarusian protest movement and a member of the Presidium of the Coordination Council, who is also in jail.[3] Second detained lawyer Maksim Znak was representing Viktor Babariko, who ran for the President of the Republic of Belarus, but was not allowed to register as a candidate and was recognized as a political prisoner. Maksim Znak was also an attorney for the former presidential candidate Svetlana Tikhanovskaya, on whose behalf he created the Coordination Council. As a member of the Presidium of the Coordinating Council, Maxim Znak was providing legal assistance as an attorney. Maxim Znak’s lawyer Dmitry Laevsky notes: “all his statements, appeals, comments were public, transparent, their content was absolutely legal and did not carry any illegal intentions.”[4]

We would like to emphasize that, in accordance with the United Nation’s Basic Principles on the Role of Lawyers[5], governments must ensure that lawyers can perform all of their professional functions without intimidation, hindrance, harassment, or improper interference. Lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly. In particular, they have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights, and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful actions or their membership in a lawful organization.

The Belarusian Helsinki Committee appealed to the UN Special Rapporteur on the independence of judges and lawyers with a report about the situation of lawyers Maksim Znak and Ilya Salei.[6] The report called for urgent action to be taken in connection with the detention of the lawyers and requested to send an urgent message to the Government of Belarus on the need to comply with the Basic Principles concerning the role of lawyers.

Belarusian lawyers and jurists have made an open statement in connection with the detention of their colleagues.[7]

We also demand from the authorities of the Republic of Belarus to:

– immediately release lawyers Maksim Znak and Ilya Salei and comply with international legal standards of the independence of legal profession and the exercise of the right to defense;

– stop the persecution of lawyers and attorneys who are exercising their constitutional right of free expression by expressing their opinions[8] while performing  professional functions;

– strictly observe the provisions of Art. 62 of the Constitution of the Republic of Belarus: “everyone has the right to exercise and protect rights and freedoms, including the right to use at any time the assistance of lawyers and their other representatives in court, other state bodies, local government bodies, at enterprises, institutions, organizations, public associations and in relations with officials and citizens. Opposition to the provision of legal assistance in the Republic of Belarus is prohibited by law.”[9]

Signatories:

Helsinki Foundation for Human Rights, Poland

ARTICLE 19, United Kingdom

The Council of Bars and Law Societies of Europe

The Bar Association of Luxembourg

The Swedish Bar Association

The French and German speaking bars association of Belgium AVOCATS.BE

The European Association of Lawyers AEA-EAL

Lawyers for Lawyers, The Netherlands

FIDH – International Federation for Human Rights

Lawyers’ Committee for Human Rights YUCOM, Serbia

OMCT World Organisation Against Torture

Human Rights House Foundation, Norway

Centre de la protection internationale, France

Human Rights Monitoring Institute, Lithuania

International Partnership for Human Rights (IPHR), Belgium

The Norwegian Helsinki Committee

Freedom Now, USA

Crude Accountability, USA

All-Ukrainian Association of Lawyers Providing Free Legal Aid – Odesa Division, Ukraine

Center for the Development of Democracy and Human Rights, Russia

Pskov Regional Human Rights Environmental Public Movement “Svobodnyi Bereg”, Russia

Kharkiv Regional Foundation Public Alternative, Ukraine

German-Russian Exchange in St. Petersburg

Stichting CAAT Projects, The Netherlands

MEMORIAL Deutschland e. V. Haus der Demokratie und Menschenrechte, Germany

Legal Policy Research Center, Kazakhstan

Public Association Dignity, Kazakhstan

Human Rights Movement “Bir Duino-Kyrgyzstan”

Belarusian Helsinki Committee

Human Constanta, Belarus

Center for Participation and Development, Georgia

Helsinki Citizens’ Assembly – Vanadzor, Armenia

Association of Ukrainian Human Rights Monitors on Law Enforcement, Ukraine

SOVA Center for Information and Analysis, Russia

Souchastiye v Sud’be, Blagotvoritel’nyy Tsentr, Russia

Human Rights Embassy, Moldova

Libereco Partnership for Human Rights, Germany

Public Verdict Foundation, Russia

Human Rights Group “Grazhdanin, armia, pravo”, Russia

DRA – German-Russian Exchange, Germany

Social Action Centre, Ukraine

Helsinki Committee of Armenia

Helsinki association, Armenia

Macedonian Helsinki Committee

Swedish OSCE-network

Albanian Helsinki Committee

Bulgarian Helsinki Committee

Women of the Don, Russia

Moscow Helsinki Group, Russia

Human Rights House Zagreb, Croatia

Human Rights Center, Georgia

Mogilev Human Rights Center, Belarus

Netherlands Helsinki Committee

Human Rights Center ZMINA, Ukraine

The Barys Zvozskau Belarusian Human Rights House

“Ekumena” Center, Belarus

Youth Memorial – Perm, Russia

Human Rights House in Chernihiv, Ukraine

The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims

Östgruppen – Swedish initiative for democracy and human rights, Sweden

IDP Women Association Consent, Georgia

Kazakhstan International Bureau for Human Rights and the Rule of Law, Kazakhstan

Czech Bar Association, The Czech Republic (tbc)

Civil Initiative Against Lawlessness in Courts and Prosecutor’s Office, Belarus

AED-EDL (Avocat.e.s Européennes Démocrates / European Democratic Lawyers), Barcelona, Spain

Freedom House, USA

Independent Social Ecological Movement – NESEHNUTI, Brno, The Czech Republic

Stichting CAAT Projects, the Netherlands

La Asociación Libre de Abogados, Spain

RAW for Women and Girl Survivors of War (Raw in War)

Citizens Network Watchdog, Poland

ORDRE DES AVOCATS DE PARIS / Paris Bar, France

The Сouncil of the Warsaw Bar Association of Advocates, Poland

Russian LGBT Network

Board of the EU-Russia Civil Society Forum

Freedom of Religion and Believe – FORB, Belarus

Human Rights Center Memorial, Russia

___

Khusanbai Saliev, lawyer, Bir Duino-Osh, Kyrgyzstan

Valerian Vakhitov, lawyer, Bir Duino-Osh, Kyrgyzstan

Lyudmila Ulyashina, Human Rights Advocate, PhD in Law, Associate Professor, European Humanities University

Lyubov Moseyeva-Elye, Legal Adviser, Kaluga Movement For Human Rights, Russia

Magomed Mutsolgov, journalist and human rights activist, Ingushetia, Russia

Dina Shautsova, Lawyer, Belarus