Former Belarusian military Special Rapid Response Unit (SOBR) member Yuri Harauski was acquitted Thursday on charges of enforced disappearance in a decision made by the Swiss District Court of Rorschach. Harauski arrived in Switzerland and claimed asylum in 2019 on grounds that his life was in danger due to his role in the killings of three prominent political opponents of Belarusian president Alexander Lukashenko in 1991.
His two-day trial took place in Switzerland. The trial is the first enforced disappearance case to be heard in Switzerland in accordance with the Swiss Criminal Code. It is also the first time a Belarusian national is being tried under Art 185bis universal jurisdiction.
Relatives of the victims brought the case with the support of three rights groups; FIDH, Trial International, and Viasna. According to a press release, the relatives ‘made numerous attempts to obtain information’ on the whereabouts of the missing persons. They assert that Belarusian law enforcement ‘systematically refused to prosecute perpetrators and hold them accountable’.
In 2021, the Committee on Enforced Disappearances announced that Switzerland was taking the necessary steps to “implement and promote” the International Convention for the Protection of all Persons from Enforced Disappearance. However, such an issue had never before been heard in court, making Harauski’s trial a first of its kind. The UN Office of the High Commissioner released a statement in early September, welcoming the decision to put Harauski on trial. It highlighted Switzerland’s obligation to prosecute in accordance with Article 14 of the Declaration on Protection of All Persons from Enforced Disappearance.
Harauski publicly confessed to his role in the disappearance and assumed murders of Yury Zakharenka, Viktar Hanchar and Anatoly Krasouski. However, the court found that while it was likely that he had participated in the crimes, there was not enough evidence to establish this beyond reasonable doubt.
TRIAL International, International Federation for Human Rights and Viasna released a statement following the verdict expressing concern and regret for the court’s decision. It states “34 years after the events, the families of the missing persons remain in a deeply troubling state of uncertainty regarding the fate of their loved ones.” It notes that although the verdict is disappointing, the trial has “already set an historic precedent.” The organisations launched the initial complaint and have been supporting the trial. They comment that the prosecutor may appeal the verdict.
