Human rights defender Leanid Sudalenka sentenced to 5 years of prison time in absentia
On 17 June 2024, the Homiel District Court sentenced human rights defender Leanid Sudalenka to 5 years of prison time in absentia and fined him 650 base rates (approximately EUR 7,500). The Court found him guilty of "facilitating extremist activity", an offence envisaged by parts 1 and 2 of Article 361-4 of the Belarusian Criminal Code. The human rights defender and his lawyers will appeal this decision.
On 1 March 2023, the Investigative Committee in Belarus started special proceedings against human rights defender Leanid Sudalenka. He was also ordered to return to Belarus. Special proceedings would allow to put Leanid Sudalenka on trial in absentia. The Investigative Committee odered the human rights defender to immediately return to Homiel and turn himself in to the Homiel’s Investigative Committee. The human rights defender resides outside of Belarus since his release from prison in July 2023. Previously, on 1 November 2023, the Investigative Committee opened a criminal case against him. He was charged with "facilitating extremist activity", an offence envisaged by Parts 1 and 2 of Article 361-4 of the Belarusian Criminal Code. Under this article, the convicted person can be imprisoned for up to six years.
On 1 November 2023, the Investigative Committee of Homiel region opened a criminal case against Belarusian human rights defender Leanid Sudalenka. He is charged with "facilitating extremist activity", an offence envisaged by Article 361-4 of the Belarusian Criminal Code. Under the article, the convicted person can be imprisoned for up to six years.
Leanid Sudalenka is a prominent human rights defender, lawyer, and heads the Gomel branch of the Human Rights Centre Viasna (HRC Viasna). He is also an active campaigner and advocate for the abolition of the death penalty in Belarus. Leanid Sudalenka is laureate of the 2018 ‘Liberty, Equality, Fraternity’ Human Rights Prize of the French Republic. In 2020, together with human rights defenders Marfa Rabkova, Andrei Chapiuk, and Tatsiana Lasitsa, Leanid Sudalenka was awarded a Homo Hominin Award. The Homel branch of the HRC Viasna provides legal support to victims of human rights violations and helps them to prepare individual complaints to the United Nations Human Rights Committee.
On 17 June 2024, the Homiel District Court sentenced human rights defender Leanid Sudalenka to 5 years of prison time in absentia and fined him 650 base rates (approximately EUR 7,500). The Court found him guilty of "facilitating extremist activity", an offence envisaged by parts 1 and 2 of Article 361-4 of the Belarusian Criminal Code. The human rights defender and his lawyers will appeal this decision.
Leanid Sudalenka is a prominent human rights defender, lawyer, and heads the Gomel branch of the Human Rights Centre Viasna (HRC Viasna). He is also an active campaigner and advocate for the abolition of the death penalty in Belarus. Leanid Sudalenka is laureate of the 2018 ‘Liberty, Equality, Fraternity’ Human Rights Prize of the French Republic. In 2020, together with human rights defenders Marfa Rabkova, Andrei Chapiuk, and Tatsiana Lasitsa, Leanid Sudalenka was awarded a Homo Hominin Award. The Homel branch of the HRC Viasna provides legal support to victims of human rights violations and helps them to prepare individual complaints to the United Nations Human Rights Committee.
On 17 June 2024, the Homiel District Court sentenced human rights defender Leanid Sudalenka to five years of prison time in absentia, following the launch of the special proceedings in March 2024, allowing him to be tried without his physical presence. On 29 May 2024, however, the Homiel District Court issued summons for Leanid Sudalenka, ordering him appear in Court. The human rights defender did not have access to his lawyer of choice, and had to be represented by the court-appointed lawyer, with whom he was never able to get in touch with. Living in exile, Leanid Sudalenka has no access to the hearing and thus remains unaware of the content of the proceedings and the argumentation of the State Prosecutor.
The Court found the human rights defender guilty of "facilitating extremist activity", an offence envisaged by parts 1 and 2 of Article 361-4 of the Belarusian Criminal Code. This decision comes after in August 2023, the Belarusian Committee for State Security listed the Homiel branch of the Human Rights Centre Viasna, that Leanid Sudalenka heads, as an extremist organisation, and added the Homiel branch’s website and social media accounts to the Republic’s List of Extremist Content. The Judge sentenced the human rights defender to 5 years of prison time, and fined him approximately EUR 7,500.
Leanid Sudalenka believes that the criminal case and sentence could be a reprisal for him being outspoken about his experience as a political prisoner in Belarus. In July 2023, the Belarus authorities released the human rights defender from the penal colony where he spent three years for the alleged "organization and preparation of or active participation in actions that grossly violate public order." After his release, Leanid Sudelenka shed a lot of light on his experiences in prison, including the gross human rights violations occurring within the penitentiary system. In prison, the authorities restricted Leanid in his communication with the outside world as a form of psychological violence. The human rights defenders publicly reported that the prison authorities targeted political prisoners with additional punishments for the most insignificant rule violations, such as a loose button on their shirts. Moreover, having a medical condition, Leanid was unable to access medical support during the time that he was in prison.
Front Line Defenders condemns the unjust sentencing of human rights defender Leanid Sudalenka for 5 years of prison time in absentia for his legitimate and peaceful human rights work. The organization calls upon the authorities in Belarus to immediately cease the targeting of the human rights defender and drop all the charges against him. Front Line Defenders is also concerned with the growing number of criminal cases which the Belarus authorities are launching against human rights defender in exile, showcasing the continued pattern of intimidation of human rights movement through the systemic misuse of security laws.
On 1 March 2023, the Investigative Committee in Belarus started special proceedings against human rights defender Leanid Sudalenka. He was also ordered to return to Belarus. Special proceedings would allow to put Leanid Sudalenka on trial in absentia. The Investigative Committee odered the human rights defender to immediately return to Homiel and turn himself in to the Homiel’s Investigative Committee. The human rights defender resides outside of Belarus since his release from prison in July 2023. Previously, on 1 November 2023, the Investigative Committee opened a criminal case against him. He was charged with "facilitating extremist activity", an offence envisaged by Parts 1 and 2 of Article 361-4 of the Belarusian Criminal Code. Under this article, the convicted person can be imprisoned for up to six years.
On 1 November 2023, the Investigative Committee of Homiel region opened a criminal case against Belarusian human rights defender Leanid Sudalenka. He is charged with "facilitating extremist activity", an offence envisaged by Article 361-4 of the Belarusian Criminal Code. Under the article, the convicted person can be imprisoned for up to six years.
Leanid Sudalenka is a prominent human rights defender, lawyer, and heads the Gomel branch of the Human Rights Centre Viasna (HRC Viasna). He is also an active campaigner and advocate for the abolition of the death penalty in Belarus. Leanid Sudalenka is laureate of the 2018 ‘Liberty, Equality, Fraternity’ Human Rights Prize of the French Republic. In 2020, together with human rights defenders Marfa Rabkova, Andrei Chapiuk, and Tatsiana Lasitsa, Leanid Sudalenka was awarded a Homo Hominin Award. The Homel branch of the HRC Viasna provides legal support to victims of human rights violations and helps them to prepare individual complaints to the United Nations Human Rights Committee.
On 1 November 2023, the Investigative Committee of Homel region opened a criminal case against the human rights defender Leanid Sudalenka under the charges of the "other facilitation of extremist activity“ as provided by Article 361-4 of the Belarusian Criminal Code. The punishment for this offense ranges from two to six years of imprisonment. Since the human rights defender resides outside of Belarus he has not yet familiarised himself with the case files. Leanid Sudalenka remains unsure which of his actions the authorities deemed as constituting "other facilitation of extremist activity." Previously, on 14 August 2023, the Belarusian Committee for State Security (KGB) listed the Homiel branch of the Human Rights Centre Viasna (HRC Viasna) as an extremist organization and added the Homiel branch’s website and social media accounts to the Republic’s List of Extremist Content. The declaration of the Homiel branch of HRC Viasna and its online content as extremist exposes those who engage with this branch of the human rights organization to risks of administrative and criminal prosecution. Since Leanid Sudalenka is the Head of the Homel Branch of Vyasna, authorities can target the human rights defender on these grounds.
Leanid Sudalenka also believes that the criminal case could be a reprisal for him being outspoken about his experience as a political prisoner in Belarus. In July 2023, the Belarus authorities released the human rights defender from the penal colony where he spent three years for the alleged "organization and preparation of or active participation in actions that grossly violate public order." After his release, Leanid Sudelenka shed a lot of light on his experiences in prison, including gross human rights violations occurring within the penitentiary system. In prison, the authorities restricted Leanid in his communication with the outside world as a form of psychological violence. Human rights defenders publicly reported that the prison authorities targetted political prisoners with additional punishments for the tiniest violations, like a loose button on their shirts. Moreover, having a medical condition, Leanid was unable to access medical support for the time he was in prison
Front Line Defenders believes that Leanid Sudalenka is being targeted with a new round of criminal persecution as retaliation for his continued human rights work in a state-orchestrated attempt to silence human rights defenders. Such targeting is a part of the systematic attack againsthuman rights defenders and organizations in Belarus, ongoing since the August 2020 presidential elections and mass protests that erupted after the election events. Front Line Defenders condemns the opening of a criminal case against Leanid Sudalenka on the charges of "facilitating extremistactivity," and urges the Belarusian authorities to immediately and unconditionally overturn its decision to list the human rights organization and its content as extremist and to stop using security laws to justify the prosecution of human rights defenders and organizations.
Front Line Defenders calls upon the authorities in Belarus to:
- Immediately and unconditionally seize the investigation and close the criminal case launched against human rights defender Leanid Sudalenka;
- Refrain from using security laws to target human rights defenders, journalists, and lawyers, and their respective human rights organizations;
- Guarantee in all circumstances that all human rights defenders in Belarus can carry out their human rights activities without fear of reprisals and free of all restrictions, in line with Belarus’ international human rights obligations and commitments.
