Human Rights Watch (HRW) with the Belarusian Association of Human Rights Lawyers and Right to Defence released on Monday a report into the politically motivated crackdown on human rights lawyers in Belarus. The report examines the governmental control over the legal profession and highlights the political motivation behind six lawyers prosecuted and the 140 lawyers who were disbarred or had their license revoked, contrary to international human rights and the rule of law.
The 2020 election in Belarus resulted in mass protests and over 1000 political prisoners, that has since been found by the UN as violating international human rights. Lawyers in Belarus have played an important role in defending these politically motivated cases and have faced systematic repression as a result. This is reported as consisting of closed trials, a limited numbers of lawyers available, differential treatment compared to prosecutors, intimidation, arbitrary prosecution, disbarment and license revocations. Lawyers who have represented clients in politically motivated cases have been charged with “aiding extremist activity”, “calling for sanctions” and “conspiring to seize power”. In addition to prosecutions, the arbitrary disbarments and license revocations are extensive and reported as being linked to governmental control by the Ministry of Justice over self-governing legal bodies.
HRW stated the retaliation against Belarus lawyers in defending politically motivated cases “grossly violate the guarantees envisaged in international standards to ensure the functioning of lawyers and Belarus’s international human rights obligations.” The international human rights standards of particular concern include the 1990 UN Basic Principles on the Role of Lawyer, including freedom of expression and independence, as well as, the right to a lawyer, fair trial, effective access to legal services as expressed within the International Covenant on Civil and Political Rights.
The recommendations of the report include, amongst others, a call for the Belarusian government to “immediately end the systematic detention and prosecution of anyone who peacefully exercises their rights and freedoms”, and for the Belarusian Republican Bar and Regional Bar Associations to end retaliation against professionals. Further, HRW calls for international organizations to provide support and refrain from cooperating with the legal bodies. The recommendations also extend to Bar Associations and Lawyers’ Associations in Europe, Canada, and the US to “privately and publicly express concern at the interference of the government in the work of lawyers in Belarus”.
