Belarus: First criminal sentence for continuing CSO activities after liquidation

The first target of a precedent-setting sentence under the infamous article 193ARTICLE 193¹ “THE ILLEGAL ORGANIZATION OF THE ACTIVITIES OF A PUBLIC ASSOCIATION, RELIGIOUS ORGANIZATION OR FOUNDATION OR PARTICIPATION IN THOSE ACTIVITIES”. 
  
The organization of activities or participation in the activities of a political party, other public association, religious organization or foundation in respect of which a decision of the public authority on its liquidation or suspension of its activities has entered into legal force, as well as the organization of and participation in the activities of political parties, other public associations, religious organizations or foundations which has not obtained state registration as prescribed by law, if there are no indications of a crime under Article 423-1 of this Code,  -- punishable by fine or arrest, or imprisonment for a term up to 2 years. 
  
Notes: 
By participating in the activities of political parties, other public associations, religious organizations, or foundations in this article there are meant actions aimed at achieving the objectives of these parties, public associations, organizations, or foundations, including those identified in the organizations’ statutory and other documents. 
This article shall not apply to the organization of activities or participation in those of political parties, other public associations, religious organizations or foundations in respect of which a decision of the public authority on their suspension has entered into force, in case when these activities are aimed at elimination of the violations that had given rise to suspension of activities, and to the organization of activities or participation in the activities of political parties, other public associations, religious organizations or a foundations which is connected to obtaining their state registration as prescribed by law. 
A person who voluntarily terminates his/her activities, punishable under this article, and informs government bodies about this decision, shall be exempt from criminal liability if he/she has not committed other crime. This provision does not apply to persons who have committed similar acts in 2 years following the voluntary termination of activities, punishable under this article.  became a Hrodna Children's Hospice, providing palliative care for children in Belarus. This public association was dissolved by a court decision in August 2021 in the beginning of a mass non-voluntary liquidation campaign against CSOs, initiated by the Belarusian government. In 2022, the prosecutor brought a criminal case against Hrodna Children's Hospice director, Volha Vialichka, claiming that the hospice continued operating and financial transactions after liquidation.  

The verdict against Ms. Vialichka was passed on 2 August 2024. A Hrodna Regional Court found her guilty of multiple criminal offences. She was charged under seven articles of the Criminal Code, including slander against the President, organising and preparing actions that grossly violate public order, promotion of extremist activities and others. The sentence amounted to a total of nine years in prison and a fine of 12,000 BYN (around 3,400 EUR). 

A key feature of this case was Ms. Vialichka's sentence under Article 193of the Criminal Code, for “the illegal organisation of the activities of a public association, religious organisation or foundation or participation in those activities» stipulating criminal liability for the activities of unregistered organisations (including religious organisations, political parties and foundations)”. Under this article, she was sentenced to 1 year of imprisonment.  The verdict was passed in abstentia, as Ms. Vialichka has been residing in exile since December 2020, where she continues to provide palliative care for children and adults. 

First sentence under the re-established Article 193, likely not the last 

This is the first known sentencing case under Article 193since its reinstatement in the Criminal Code in early 2022. Article 1931 of the Criminal Code has been suspended since July 2019, as it was criticised as not conforming to human rights standards.  

During the first period in which it was in force (2005 to 2019) the court issued sentences against at least 18 individuals, and the Prosecutor's office issued hundreds of official warnings. In 2011, the Council of Europe’s Venice Commission, in a special opinion on Article 193 stated that “by its very existence Article 1931 has a chilling effect on the activities of Non-governmental organisations” and that “the restriction is so severe that it not only restricts freedom of association but also freedom of opinion and expression to an unjustifiable degree.” 

Besides the case of the head of the Hrodna Children's Hospice, there is currently one more case being investigated under Article 193.This second known case is related to ‘carrying out the activity of a public association without registration under the guise of a commercial organisation’, also in Hrodna region. 

First sentence for continuing CSO activities after non-voluntary dissolution 

The verdict against Ms. Vialichka is a novelty for two reasons. Firstly, it is the first time a sentence under Article 1931 was passed in absentia. Secondly, it is the first time a verdict was passed against an organisation after it was involuntarily liquidated by court, thus the first conviction against an organisation that was previously legally registered and deprived of its registration through forced liquidation. 

The criminal case has been under investigation since July 2022 and in spring 2024, the investigators decided to apply a special procedure to the trial in the absence of the accused person (this is the first sentence in absentia in Hrodna region under such a special procedure).  

The grounds for the criminal prosecution of Volha Vialichka was an examination of the CSO's website, as well as its financial operations which occurred after the court ordered forced liquidation.  In total, the organisation is charged for 50 financial transactions in the amount of 160,000 BYN (around 50,000 EUR).  The Prosecutor’s Office concluded that the liquidated CSO did not comply with the court decision on liquidation.  

This sentence was one more among thousands of similar sentences in Belarus against journalists, politicians, bloggers and other citizens considered by the regime as extremists, and one more among dozens of sentences passed against persons who have already left the territory of Belarus. 

Between the years 2021 and 2024, Belarus has undertaken a full-scale campaign of liquidation of CSOs. As of 7 August 2024, 1,093 CSOs are recorded to have been liquidated in judicial or out-of-court procedures and 657 CSOs have voluntarily liquidated themselves. In the majority of cases this voluntary liquidation was due to the major difficulties of operating in extremely unfavourable political and legal conditions. In some cases, their liquidation was directly caused by firm and continued insistence of the state authorities. The forced liquidation has received a new impetus since April 2024 with the dissolution of public associations that have not introduced amendments to their charters, relating to the updated version of the Law. 

In total, during 2021-2024, the Belarusian public sector has lost 1,750 CSOs of different forms (as of 7 August 2024). In the same time, the Lawtrend association recorded the registration of only 160 new CSOs. Thus, the number of liquidated CSOs is 10 times more than the number of newly created organisations. The sentence of Ms. Vialichka sets a dangerous precedent of criminally prosecuting the heads of other liquidated CSOs.