Belarus: UN Experts Alarmed About Widespread In Absentia Trials

GENEVA (22 January 2025) – A group of independent human rights experts* today expressed concern about the growing practice in Belarus of conducting trials in absentia and without basic fair trial guarantees, which can result in lengthy prison sentences, deprivation of property and housing, or even the death penalty.

“We have received numerous reports of individuals prosecuted in absentia in Belarus who learn of their prosecution by chance, are unaware of the charges and grounds for their conviction, and are completely deprived of a legal defence,” the experts said, noting that some of them have even tried unsuccessfully to request remote participation in their trials or to obtain copies of the verdicts.

“Belarusian legislation on trials in absentia disregards basic fair trial guarantees provided by the International Covenant on Civil and Political Rights, which Belarus has ratified,” they said, calling on Belarus to abide by its international obligations.

The number of criminal proceedings in absentia initiated in Belarus against Belarusian citizens residing abroad increased dramatically in 2024, according to civil society reports. 110 people were reportedly subjected to these proceedings, compared to 18 in 2023.

The experts noted that since the 2020 presidential elections, the Belarusian government’s massive campaign of repression against individuals associated or perceived to be associated with the political opposition has forced many Belarusians to flee the country. “Nevertheless, the Belarusian authorities continue to target these individuals – even in exile,” they said, recalling the Presidential decree of 2023, which prevents Belarusians living abroad from obtaining identity and travel documents through consular services.

Over a hundred people have reportedly been convicted in absentia in Belarus since this procedure was established in 2022. Those convicted include members of the political opposition, civil society activists and human rights defenders.

Those prosecuted in absentia are not notified of the proceedings, are not allowed to choose their defence lawyers or to participate in the trials remotely, and are not allowed to receive copies of their case files, relevant procedural documents or judgments. These materials are shared only with state-appointed defence lawyers, who are not required by law to communicate with their clients and routinely refuse to do so. Judgments are not made public, and only brief information about the verdict is published on government websites that are inaccessible from abroad.

“Convictions in absentia inevitably lead to violations of various human rights, including the right not to be arbitrarily detained, the right to a fair trial, the right to freedom of expression and, often in Belarus, the right to housing and an adequate standard of living, to name but a few,” the experts said.

Sentences handed down in absentia include long prison sentences and heavy fines. It is also legally possible to impose the death penalty – without adequate due process, and including for offenses which do not meet the threshold for most serious crimes – and to strip Belarusian citizenship from those convicted on “extremist” charges.

The experts have been in touch with the Belarusian authorities on these cases.

Note:

*The experts: Nils Muižnieks, Special Rapporteur on the situation of human rights in Belarus; Mr. Matthew Gillett ( Chairperson), Ms. Priya Gopalan (Vice- Chair on Follow-up), Ms. Miriam Estrada Castillo and Mr. Mumba Malila, Working Group on Arbitrary Detention; Ms. Irene Khan, Special Rapporteur on the right to freedom of opinion and expression; Ms. Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Mr. Balakrishnan Rajagopal, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; Ms. Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Mr. Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Mr. Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions.

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