СТОП 193.1!

Гэтая старонка прысьвечаная грамадзкай кампаніі за скасаваньне артыкула 193.1 КК РБ, які супярэчыць Канстытуцыі Рэспублікі Беларусь і міжнародным абавязкам, узятым на сябе нашай краінай. Кампанія ініцыяваная Асамблеяй няўрадавых дэмакратычных арганізацыяў...

 
 

The Practice Of Art. 193.1 Enforcement

Article 193.1 of the Criminal Code was implemented just before the Presidential elections 2006 and became used to suppress “unwanted” organizations. Already in 2006 six people of unregistered initiatives were accused under this article: the representatives of unregistered initiative “Partnerstva” (“Partnership”) which was monitoring the election process and the representatives of the unregistered “Young Front”. Among the 6 accused only one got a fine, 5 others were condemned to arrest or imprisonment. In 2007 the number of the accused under Article 193.1 increased to 9 persons, though the punishment was not usually connected with imprisonment (except 1 case). During the period of 2008 and the first half of 2009 two sentences were made. At the moment it is known about one investigational case under Article 193.1.

On 1st June, 2009 human rights defenders possessed information about 17 persons that had been accused under Article 193.1:

  1. Edvard Zeliankou (2006;Young Front; Fine of 30 basic units (around 260 Euro) Zhlobin)
  2. Zmitser Dashkevich (2006; Young Front; 1,6 years imprisonment in a colony; Miensk)
  3. Aliaksandar Shalajka (2006; Partnership; 6 months of arrest; Miensk)
  4. Mikola Astrejka (2006; Partnership; 2 years imprisonment in a colony; Miensk )
  5. Tsimafej Dranchuk (2006; Partnership; 1 year imprisonment in a colony; Miensk)
  6. Enira Branitskaya (2006; Partnership; 6 months of arrest; Miensk)
  7. Nasta Palazhanka (2007; Young Front; Warning; Miensk)
  8. Zmitser Fedaruk (2007; Young Front; Fine of 30 basic units; Miensk )
  9. Aliaksej Yanusheuski (2007; Young Front; Fine of 30 basic units; Miensk )
  10. Aleh Korban (2007; Young Front; Fine of 30 basic units; Miensk )
  11. Barys Haretski (2007; Young Front; Fine of 30 basic units; Miensk )
  12. Nasta Azarka (2007; Young Front; Fine of 40 basic units(around 360 Euro); Niasvizh )
  13. Ivan Shyla (2007; Young Front; Warning; Miensk)
  14. Yaraslau Hryshchenia (2007; Young Front; Fine of 30 basic units; Baranavichy)
  15. Mikhail Yakauchuk (2007; RNE; 6 months of arrest)
  16. Katsiaryna Salaujova (2008; Young Front; Fine of 40 basic units; Polatsak)
  17. Andrej Nestsiarovich (2009; RNE; Found guilty, but granted amnesty; Homel )

It is necessary to mention, that no case concerning Article 193.1 was solved in favor of the accused, all of them were found guilty in the end.

Apart from the cases which were settled in the court, there was registered a number of cases which had been started, but the investigation was terminated soon. These cases were connected with some other activists of Young Front (Siarhej Lisichonak, Siarhej Marchyk, Andrej Tsianiuta, Arsenij Yahorchanka, Kiryl Atamanchyk and others), as well as with the activists of the Homel Youth Centre “Hart” (Zmitser Siamionau) and those of the “Partnership” (Andrej Panasik).

It is also to be noted, that there were registered many occasions when Article 193.1 was used by the authorities to threaten civic activists with criminal punishment. The activists received official warnings from prosecutors, as well as unofficial ones during their interrogation by the state special services. Official warnings from prosecutors concerning possible criminal proceedings against civic activists in case they don’t stop their activities on the behalf of unregistered organization were received by some activists of Young Front, Belarusian Student Association, by Siarhej Salash (the initiative “For the clean Barysau”), by Viktar Harbachou (civic organization "For Free Development of Entrepreneurship" registered in Ukraine) and by Teresa Selivonchyk (Poles Union in Baranavichy town).

Thereby, Article 193.1 of the Criminal Code is used not only as a means of criminal responsibility, but also as a way of psychological pressure on the citizens who are being “too active” from the authorities’ point of view. It forces the activists to stop their activities or at least to restrain their ardour.