UN experts expressed alarm Monday over the repression of the Belarusian Association of Human Rights Lawyers (BAHRL) by the government of Belarus, denouncing its designation as an extremist group.
On 18 August, the State Security Committee of the Republic of Belarus designated BAHRL as an “extremist formation” and categorized its members as individuals “involved in extremist activities,” placing the group at great risk of professional and personal harm.
The BAHRL has cooperated with international human rights institutions as part of its mission to offer legal counseling. Experts claimed that this cooperation motivated authorities to label the group as an extremist organization.
Since the contested 2020 presidential election, officials have lawyers have punished and forcefully removed lawyers from politically sensitive cases. The American Bar Association has reported that authorities have arbitrarily detained at least 30 lawyers, and the UN stated that 14 have faced criminal prosecution. The crackdown appears to have chilled the practice of law, as the number of lawyers in Belarus reportedly decreased from 2,200 in January 2020 to 1,602 in January 2024.
Experts illustrated the issue through the case of Maksim Znak, who represented political opposition leaders, including a presidential candidate. In September 2020, Znak was arrested and sentenced to ten years in prison. Since, he has been subjected to prison isolation and, as of February 2023, has been deprived of all contact with the outside world.
The UN Working Group on Arbitrary Detention determined that Znaks’ imprisonment was arbitrary because he was rightfully exercising his rights protected under international law and views his arrest as discrimination arising from his political positions and status as a lawyer.
Articles 16, 18, and 23 of the UN Basic Principles on the Role of Lawyers affirm that lawyers must be able to perform their professional duties without intimidation or interference, must not be identified with their clients or their clients’ causes, and are entitled to the rights to freedom of expression and association. Additionally, articles 14, 19, and 22 of the International Covenant on Civil and Political Rights—to which Belarus is a party—guarantee the right to a fair trial, freedom of expression, and freedom of association.
BAHRL was established in 2023 by exiled Belarusian lawyers to protect the rights to representation and fair trial, promote the independence of the legal profession, and spotlight repression of lawyers in the country.