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UN Experts: Lawyers in Belarus face unprecedented repression in a climate of terror

Statement by UN Special Rapporteur on the independence of judges and lawyers Margaret Satterthwaite and the UN Special Rapporteur on the situation of human rights in Belarus Nils Muižnieks on the International Day of the Endangered Lawyer

Geneva (24 January 2025).

On the International Day of the Endangered Lawyer, the UN Special Rapporteur on the independence of judges and lawyers Margaret Satterthwaite and the UN Special Rapporteur on the situation of human rights in Belarus Nils Muižnieks expressed their alarm over the unprecedented stranglehold the Executive holds over legal professionals in Belarus.

“Lawyers in Belarus experience grave threats to their safety and professional independence as they navigate a legal system that is under near-total control by the State,” the experts said. “Through restrictive legislation, deprivation of the independence required for effective bar associations, and direct persecution, the Government of Belarus has systematically undermined the ability of lawyers to carry out their essential role in defending human rights and upholding the rule of law, as well as placed them at personal risk. Many lawyers have been disbarred, imprisoned or forced into exile simply for doing their jobs”.

The extreme challenges faced by legal professionals in Belarus are not new, the experts noted. Following a country visit in 2000, the Special Rapporteur on the independence of judges and lawyers described how the concentration of executive power in the President had turned the system of government “from parliamentary democracy to one of authoritarian rule” and “thwarted” the rule of law. Since that time, the dependence of the judiciary and the bar on the executive, and various forms of harassment of judges and lawyers, have been a recurring subject of concern for Special Procedures.

In the aftermath of the contested presidential election in August 2020, the legal environment in Belarus has further worsened, the experts explained. Peaceful protesters met with police violence, arbitrary detention, torture and other ill-treatment in custody. In subsequent years, according to estimates of civil society, tens of thousands faced politically-motivated arrest and imprisonment. Lawyers attempting to defend civil society, protestors, and political figures have also become a target of the government’s crackdown on real and perceived dissent.

“Lawyers representing protestors and political opposition figures initially bore the brunt of repression”, said the experts “But these measures have since infected the entire legal system of Belarus.” The time from August 2020 to the present day has been characterized as a period of “legal default” in which the State is wholly failing to fulfill its obligations to ensure human rights uphold the rule of law and administer justice.

The criminal justice system is used to punish lawyers, and to remove them from representing clients in politically sensitive cases. Non-disclosure agreements routinely imposed on defence lawyers expose them to criminal prosecution in case information about criminal proceedings is leaked. According to reports received from civil society, since 2020, at least 30 lawyers have been subjected to arbitrary detentions. At least six lawyers are reportedly currently imprisoned, having been convicted for exercising their human rights or professional duties. Three more lawyers have reportedly been convicted under criminal charges and have either served unwarranted prison sentences or have been handed down sentences which did not involve deprivation of liberty. Some lawyers have been forced to flee the country. Lawyers facing politically-motivated charges are frequently denied the due process guarantees of the right to a fair trial and when detained, face ill-treatment.

The experts highlighted the emblematic case of Maksim Znak, a prominent lawyer who represented political opposition leaders, including a presidential candidate, and was arrested in September 2020. Znak’s trial was held behind closed doors and, on September 6, 2021, he was sentenced to 10 years’ imprisonment. In May 2022, the UN Working Group on Arbitrary Detention declared that Znak’s detention was arbitrary, as it was based on the peaceful exercise of rights protected under international law and discrimination arising from his political opinion and status as a lawyer for a political opposition party. In prison, Znak has been repeatedly subjected to isolation in punishment cells and, since February 2023, has been held in incommunicado detention, deprived of all contact with the outside world. The experts stressed that “Prolonged incommunicado detention, in addition to creating a heightened risk of ill-treatment, can itself constitute torture. The Government of Belarus must immediately respect and fulfil Maksim Znak’s right of access to lawyers and independent medical personnel and to contact with his family.” Concerns about alleged violations of fair trial guarantees during Znak’s trial and his conditions of detention have also been brought to the attention of Belarusian authorities in joint communications of Special Procedures.

In addition to criminal law, arbitrary administrative detentions and, in some cases, convictions to “arbitrary arrests” under the Code of Administrative Offences are used to intimidate lawyers, and to swiftly remove them from cases. Such arrests can be used to hold lawyers for several days, during which time they may be exposed to harsh conditions of deprivation of liberty in overcrowded “political” cells, as well as denied bedding, appropriate clothing and food. Lawyers have even experienced ill-treatment and torture during “administrative arrests”, and their devices and confidential papers have been seized and searched.

Lawyers’ independence has been further compromised through the increasing control exercised by the State over their licenses to practice. Since 2020, more than 140 lawyers have reportedly been disbarred or had their licenses revoked, based on arbitrary or politically-motivated grounds. In many cases, the Ministry of Justice has directly revoked lawyers’ licenses, including through ad hoc “re-certification” procedures conducted by its Qualification Commission.

In other cases, disbarment is carried out through disciplinary procedures. Although disciplinary decisions are nominally taken by bar associations, the State is in a position to direct these proceedings. In 2021, Amendments to the Law on the Bar expanded the already extensive powers exercised by the Ministry of Justice over bar associations. The Ministry now plays a decisive role in approving candidates for leadership roles in bar association governing bodies. Pursuant to the same amendments, the chairs and councils of bar associations are now responsible for disciplining lawyers. Through the power it exercises over bar association leadership, the executive can weaponize disciplinary proceedings against those lawyers who are believed to support individuals viewed as enemies of the authorities. Significantly, bar associations have used the fact that a lawyer has been subject to administrative proceedings—however arbitrary—as grounds for disbarment.

“Self-governing, independent bar associations should defend lawyers’ rights, and be a bulwark of professional excellence and independence,” declared the experts. “But in Belarus, bar associations have been captured by the executive and transformed into instruments of harassment.” Beyond repressing real and perceived dissent, bar associations are also being used as vehicles for state propaganda and to pressure lawyers to actively demonstrate their loyalty and support of the government, with lawyers who refuse to take part in pro-government events facing possible disciplinary sanctions.

The government has made no secret of its efforts to undermine the independence of lawyers. In April 2022, the President declared that lawyers should be viewed as "statesmen" and expressed his hope that the Ministry of Justice would not only control but actively run the processes of the bar. The intrusion of the State into independent legal practice is not limited to lawyers’ licensing and discipline, but also extends to their everyday conditions of work. Following the 2021 amendments to the Law on the Bar, lawyers are no longer permitted to practice individually or open a law firm outside the framework of territorial bar associations. They can only practice as part of legal consultation offices, whose leaders are appointed by bar associations, with leadership candidates approved by the Ministry of Justice. This has resulted in yet more limitations on lawyers’ capacity to exercise their profession freely.

Even abroad, lawyers who have fled persecution are not safe from government reprisals. In 2022, Belarus amended its criminal code to allow trials in absentia for individuals accused of certain offenses such as “promoting extremist activities” or “incitement of hatred”. Persons prosecuted in absentia are not allowed to choose their legal counsel and are systematically unable to establish communication with their State-appointed attorneys in Belarus, who would likely risk repression in case of communication with and effective defence of their clients. Those already sentenced in absentia include lawyers. Furthermore, lawyers in exile report that their families in Belarus have faced harassment, arrest and detention in retaliation for their activities.

“The government in Belarus is using terror to intimidate, control and quash dissent,” said the experts. “This has a chilling effect, with lawyers afraid to represent clients in politically sensitive cases. In fact, many people are afraid to work as lawyers at all. Newly-qualified lawyers are not replacing those who are imprisoned, disbarred or in exile, leading to a crisis of access to justice.” As a result, some individuals, such as convicted prisoners, who are not entitled to State-appointed attorneys despite reported widespread ill-treatment in places of detention, are totally deprived of legal counsel.

The number of lawyers in Belarus reportedly decreased from 2,200 in January 2020 to 1,602 in January 2024. According to the civil society experts, over four years, the legal profession lost one quarter of its qualified lawyers; there is now only one lawyer per 5,700 residents. This has an impact on the capacity of ordinary people to obtain legal assistance, even in cases with no political implications.

The undue interference and restrictions placed on the legal profession in Belarus may open the door to systematic violations of the right to a fair trial and to equality before the law in the entire country. By restricting lawyers from fulfilling their legal duties to their clients, Belarus is creating a chilling environment for the handling of certain kinds of cases. Some clients, especially human rights defenders and opposition figures, may be deprived of independent legal representation if lawyers face consequences for representing them.

The free exercise of the legal profession contributes to ensuring access to justice, oversight of state power, protection of due process and judicial guarantees. According to international standards, States must guarantee that those who practice law can do so free from intimidation, obstacles, harassment, or interference.

“Belarus must take immediate and comprehensive steps to restore the independence and safety of its legal profession,” concluded the experts. “The State must ensure that bar associations are fully independent, self-governing, and free from state interference, enabling lawyers to carry out their legitimate professional activities and enjoy their fundamental human rights without fear of reprisal. Furthermore, the international community should take steps to support and protect Belarusian lawyers in exile, including by considering ways that they can make use of their considerable legal skills and expertise in their host countries.”




*The experts: Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers, Nils Muižnieks, Special Rapporteur on the situation of human rights in Belarus.

The Experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.

Follow news related to the UN's independent human rights experts on Twitter @UN_SPExperts.
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