The set of criminal articles under which people are included in the lists of “extremists and terrorists” has been clarified. Among others, those who have received ‘illegal’ foreign assistance are declared “terrorists.”
The Belarusian Council of Ministers has approved amendments to two resolutions related to the lists of “extremists and terrorists.” The changes were officially published on June 13. They were analyzed by Reform.news. The main changes will take effect in three months.
The set of criminal articles allowing people to be included in the lists of “terrorists” has been changed:
- Article 123 of the Criminal Code – “Propaganda of war” has been added;
- Article 369-2 of the Criminal Code – “Illegal receipt and (or) use of foreign gratuitous assistance” has been added, if the assistance was received “for the purpose of carrying out terrorist activities”;
- Part 3 of Article 333 of the Criminal Code – “Illegal trafficking of toxic substances and substances with strong effects” for the purpose of committing crimes described in Articles 124-127, 131, 287, 289-292, 359, and 360 of the Criminal Code – has been added;
- removed parts 1 and 2, leaving only part 3 (“for the purposes of extremist and terrorist crimes”) of Articles 322 and 323 of the Criminal Code – “Illegal acquisition, storage, use, sale or destruction of radioactive materials” and “theft of radioactive materials”;
- with regard to part 4 of Article 294, part 4 of Article 295, and part 3 of Article 311 of the Criminal Code, comments were added that these articles will be a reason for inclusion in the “list of terrorists” if the crimes are committed for the purposes of other crimes with a list of specific articles;
- to Article 130 of the Criminal Code – “Incitement to Discord” – a comment was added that inclusion in the list is decided by the Chairman of the State Security Committee, the Prosecutor General, the Minister of Internal Affairs or their deputies “taking into account the interests of national security.”
Persons may now be removed from the “terrorist” list by a joint decision of the chairman of the KGB, the Prosecutor General, and the Minister of Internal Affairs or their deputies, following consideration of an appeal by a person included in the list, as well as if the relevant criminal article is removed from the list of bases for inclusion in the list.
The bases for inclusion in the list of “extremists” will now include not only the articles listed in Article 1 of the Law “On Countering Extremism,” but also the articles listed in the Council of Ministers' resolution. These articles are as follows: 123-129, 130-130-2, 131, 134, paragraph 14, part 2 of Article 139, paragraph 8, part 2 of Article 147, Articles 191, 287, 289-293, Part 4 of Article 294, Part 4 of Article 295, Part 4 of Article 309, Part 3 of Article 311, Part 3 of Article 322, Part 3 of Article 323, Articles 324, part 3 of Article 333, Articles 341-1, 342, 342-2, 357, 359-361-2, 361-4, 361-5, 369-1, 369-2, 369-3, 423-1 of the Criminal Code of the Republic of Belarus. The list of bases also includes “other articles of the Special Part of the Criminal Code in cases of crimes committed on the bases of racial, national, religious hatred or enmity, political or ideological hatred or enmity, as well as on the bases of hatred or enmity towards a social group.”
In Belarus, security forces are often considered a “social group,” and political protests are called “extremist crimes.” According to The Human Rights Center “Viasna,” at least 339 political prisoners and 137 people accused and convicted under typical political articles are included in the “terrorist list.”
Ales Navaborski, AB / belsat.eu
