On 11 August 5 youth activists were detained in Minsk: Maksim Piakarski, Vadzim Zharomski, Viachaslau Kasinerau, Yaraslau Ulyianenkau and a citizen of the Russian Federation Pavel (last name unknown). The latter two were later released on bail, while Maksim Piakarski and Vadzim Zharomski were taken into custody before charges were brought against them. One of the detained is in custody in hospital, where he was placed with a double fracture of the jaw inflicted as a result of detention by the Interior Ministry officers.

The reason for the prosecution of these young people and their detention before bringing charges was a criminal case on the fact of the appearance of political graffiti on the fence and also the damage of property of the individual entrepreneur (big boards with the image of the police officers) on the Harecky street in Minsk. Now activists are the suspects in the criminal case for the spraying of patriotic graffiti, which is “grossly violating public order and expressing clear disrespect for society.” There were words “Belarus should be Belarusian” stated in this graffiti.

32-year-old Yaraslau Ulyanenkau, who was released after being detained, said that the arrest was very brutal: “There were masked men with guns, about 5 or 6 people. They bound me, began to shout: “Facing the floor, hands behind the back. They put handcuffs on my hands, and then began to beat me. I was beaten in the ribs, face, legs. As I lay there, they began to teach me: “You think you are so smart? Why aren’t you opening the door, when we knock? Do you want to play a bad boy, and we love bad boys.” Then they slapped me several times. Yaraslau also noted that the police used his pregnant girlfriend to harass him: “Even while I was arrested, they harassed me, saying “we are aware of your pregnant girl, we know she is in Mahiliou. In my opinion, they are trying to put psychological pressure on my girlfriend, so she convinced me to testify, to sell out the guys. However, in fact there is no one to sell out and there is nothing to sell out for.”

In this regard, the Human Rights Center “Viasna” stresses the following:

Inscribing graffiti with the words “Belarus Should Be Belarusian” depicting the Belarusian ornament, a crossed-out swastika and the hammer and sickle, as well as with the words “Revolution of Consciousness, It Is Near At Hand…”, depicting a man with a bottle in his hand, are not intended to disturb public order and do not show obvious disrespect for society, do not contain any advocacy of national, religious, racial, social or other hatred. The nature and content of the inscriptions indicates the absence of hooligan motives in the actions of the persons who have committed them and, accordingly, the absence of the elements of a crime under Part 2, Art. 339 of the Criminal Code.

Investigation of the criminal case opened under Art. 341 of the Criminal Code should take place within the limits defined by the Criminal Code and the Criminal Procedure Code of the Republic of Belarus, given the fact that the offense falls into the category of crimes that do not pose great danger to society and do not provide for the detention of suspects in the commission of the offense. In addition, the issue of compensation for the damage may be considered in civil proceedings.

The actions of the Interior Ministry officers, which carried out the detention of the said persons with the use of physical force and non-lethal weapons, were clearly disproportionate and severe, and caused, as a result, injuries to the detainees.

The Human Rights Center “Viasna” states that:

the detention of Maksim Piakarski, Vadzim Zharomski and Viachaslau Kasinerau in custody on suspicion of malicious hooliganism is illegal and disproportionate;

the detention of Maksim Piakarski, Vadzim Zharomski and Viachaslau Kasinerau in custody is enforced in the absence in their actions of the elements of an offense under Part 2, Art. 339 of the Criminal Code;

the existence of political motives in the actions of the authorities aimed at strengthening the authority by the subject of power, allows qualifying Maksim Piakarski, Vadzim Zharomski and Viachaslau Kasinerau as political prisoners;

these actions of the authorities occur during the presidential election campaign, bearing a demonstrative nature and clearly aim to prevent possible acts of civil activity, especially among young people.

The Human Rights Center “Viasna” demands to:

immediately review procedural measures taken against Maksim Piakarski, Vadzim Zharomski and Viachaslau Kasinerau aimed at isolating them, and release them from detention;

stop the prosecution of Maksim Piakarski, Vadzim Zharomski, Viachaslau Kasinerau, Yaraslau Ulyianenkau under Part 2, Art. 339 of the Criminal Code in connection with the absence in their actions of the elements of the crime;

ensure compliance with all the procedural rights during the period of investigation, including the right to legal protection and freedom from cruel and inhuman treatment;

conduct a proper investigation into the facts of cruel and inhuman treatment of detainees and bring those responsible to liability under the law.

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