Mr. Yarashuk

Cases
Case status
Unknown
Location of case in SG report
2023-017-002
Relevant SG report
Year of the report
2023
Country Geolocation

Latitude: 53.709807

Longitude: 27.953389

Country Geolocation (linked Cases)
Belarus
From Region
UN body that raised the case prior to the SG report
  • ILO
Dates of prior UN action
31 October 2022, 10 November 2022
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

Chairperson of the Belarusian Congress of Democratic Trade Unions and member of the ILO Governing Body

Type of rights defended
  • Economic/social rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

opposition to violations against trade union workers’ rights and his submission of information to the ILO

Engagement with UN body
  • ILO
Type of attempted engagement
  • Submission of information to UN
Dates of mentioned reprisals
2022, 26 December 2022
Location of mentioned reprisals
Belarus
Reprisal information

  1. On 31 October 2022, at the 346th session of the ILO’s Governing Body13, the worker spokesperson noted that the Belarusian Congress of Democratic Trade Unions and affiliated trade unions had been outlawed by the Supreme Court. She also noted that prosecutors had filed charges against Mr. Yarashuk, Chairperson of the Belarusian Congress of Democratic Trade Unions and member of the ILO Governing Body, owing to his opposition to violations against trade union workers’ rights and his submission of information to the ILO (para. 467). The Government noted that persistent attempts to interpret prosecution as persecution of trade union activity were particularly concerning and stated that the actions of certain trade unions had become extremely destructive and politicized. According to the Government, lawful trade union activities had never been grounds for persecution in Belarus (para. 464).

  2. On 10 November 2022, special procedures mandate holders addressed allegations of arbitrary arrest of trade union leaders on 19 April 2022 and their lengthy pre-trial detention, including of Mr. Aliaksandr Yarashuk (BLR 6/2022). Expressing concern about the reported lack of effective avenues for justice, mandate holders noted that many trade union activists left the country because of fear of persecution. Union members reported various forms of harassment and intimidation, including prosecution, interrogations, and surveillance (BLR 6/2022). According to information received by OHCHR, on 26 December 2022, Mr. Yarashuk was convicted to four years of imprisonment under articles 342 (disruption of public order) and 361 (harm to national security) of the Criminal Code. On 24 March 2023, Mr. Yarashuk started serving his sentence in Prison Colony No.17.

Types of reprisals suffered
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
  • Charge/Investigation/Prosecution: Conviction
  • Charge/Investigation/Prosecution: Trial
  • Detention/Imprisonment: Detention/Imprisonment - General
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
Yes
Government response dates
20 July 2023
Government response content
  1. On 20 July 2023, the Government responded to the note verbale sent in connection to the present report noting that trade unions can be formed, their representatives can carry out their legal activities and citizens can enjoy the right to join trade unions. The Government rejected as groundless the allegations that trade unions and citizens are persecuted for carrying out trade union activities or for the peaceful and legal exercise of civil rights, including cooperation with the United Nations. The Government stated that the Belarusian Congress of Democratic Trade Unions (BCDTU) and its affiliated organizations were terminated in accordance with the decision of the Supreme Court based on part 2 of article 5 of the Law “On Trade Unions.” It also noted that, Mr. Aliaksandr Yarashuk, former chairperson of BCDTU was found guilty of participation in group actions that grossly violate public order and are associated with disobedience and causing harm to national security under part 1 of article 342 and part 3 of article 361 of the Criminal Code. The Government clarified that the appeal of 24 March 2023 confirmed the sentence of 26 December 2022 against Mr. Aliaksandr Yarashuk.
Was the case raised by a State at the UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
Yes
How many times has the case been followed up in subsequent SG reports?
1
In which SG report was this case followed up on? 0
2024
Follow up information provided in SG report 0
  1. The case of Mr. Aliaksandr Yarashuk was included in the 2023 report of the Secretary-General 33 on allegations of arbitrary detention, charges and sentencing under article 342 of the Criminal Code (disrupting social order), including for his submission of information to the International Labour Organization (ILO). Mr. Yarashuk is a Chair of the now outlawed Belarusian Congress of Democratic Trade Unions (BKDP) and member of the ILO Governing Body. The ILO Governing Body and special procedures mandate holders addressed the situation of Mr. Yarashuk, and the Government responded.34
  2. In its 2023 and 2024 follow-up reports to the resolution on the measures recommended under article 33 of the ILO Constitution on Belarus, the ILO’s Governing Body and the Committee on Freedom of Association noted with concern the change in the conditions of imprisonment of Mr. Yarashuk from “ordinary” to “strict” and his transfer in November 2023 to Mogilev Prison No. 4. On 6 September 2023, the BKDP and the International Trade Union Confederation (ITUC) informed the ILO Office of the deteriorating conditions of imprisonment of Mr. Yarashuk. On 12 September 2023, ILO’s Director-General expresseddeep concern and called on the authorities to refrain from any action that would be detrimental to Mr. Yarashuk’s situation, including any potential negative consequences on his health (GB.349/INS/13(Rev.1), para. 7 and GB.350/INS/10(Rev.1), paras. 6 and 51).
  3. In its reply to the ILO, the Government noted that the activities of the BKDP and its member organizations were terminated by Supreme Court decisions as contradicting the national Constitution and other legislation and causing harm to the State or public interests. The Government also noted that Mr. Yarashuk and other trade unionists had been found guilty of committing specific serious offences (GB.349/INS/13(Rev.1), para. 13).
  4. In its 2024 conclusions, the ILO’s Committee on Freedom of Association noted with concern the latest allegations submitted by the BKDP indicating that the Government had not implemented the recommendations of the Commission of Inquiry and that the repression against worker leaders and independent trade unions continued in 2023 and 2024. The Committee reiterated its previous request to immediately release all trade union leaders and activists, who, in the consistent appreciation of the ILO supervisory bodies, were prosecuted for exercising their legitimate activities and to drop all related charges (GB.350/INS/10(Rev.1), paras. 51 and 61(a)).
  5. On 16 July 2024, the Government responded to the note verbale sent in connection to the present report by resending the reply it had sent the previous year in connection to the 2023 report of the Secretary General.41
Followup Trends 0
Deterioration/further reprisals
Date of follow up 0
12 September 2023
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • ILO
  • Other
In which SG report was this case followed up on? 1
2025
Follow up information provided in SG report 1

The case of Mr. Aliaksandr Yarashuk was included in the 2023 and 2024 report of the Secretary-General18 on allegations of arbitrary detention, charges and sentencing under article 342 of the Criminal Code (disrupting social order), including for his submission of information to the International Labour Organization (ILO). Mr. Yarashuk is a Chair of the now outlawed Belarusian Congress of Democratic Trade Unions (BKDP) and a member of the ILO Governing Body. The ILO Governing Body and Special Procedures mandate holders addressed the situation of Mr. Yarashuk, to which the Government responded.19 26. In its 2023 and 2024 follow-up reports to the resolution on the measures on Belarus recommended under article 33 of the ILO Constitution, the ILO’s Governing Body and the Committee on Freedom of Association noted with concern the change in the conditions of imprisonment of Mr. Yarashuk from “ordinary” to “strict”, his transfer in November 2023 to Mogilev Prison No. 4. and the deteriorating conditions of his detention. On 12 September 2023, ILO’s Director-General addressed his case (GB.349/INS/13(Rev.1), para. 7 and GB.350/INS/10 (Rev.1), paras. 6 and 51). 27. On 13 June 2024, mandate holders addressed concerns about the high number of older persons deprived of their liberty in inhuman conditions, including Mr. Yarashuk (72 years old) and his inclusion in the official list of persons involved in extremist activities. Mandate holders also noted that the draft amnesty law which proposes to grant amnesty to individuals who have reached the pensionable age (63 years for men) would not be applicable to him and other prisoners convicted under a broad range of provisions of the Criminal Code excluded from the scope of the proposed amnesty (BLR 5/2024). Reportedly, Mr. Yarashuk has not benefited from the recent pardons granted to some political detainees between July and December 2024. In its response to mandate holders, the Government noted that, in accordance with the requirements of Article 12 of Act No. 19-Z of 2 July 2024, an “amnesty” does not apply to individuals included convicted for extremist and terrorist activities, including Mr. Yarashuk.20 28. In March 2025, during the 353rd session of the ILO’s Governing Body, the chairperson paid special tribute to its member Aliaksandr Yarashuk. He highlighted that union activists and workers continue to be branded as terrorist and extremist and subjected to criminal and administrative sanctions (GB.353/NSP/PV, paras 15, 223).

Followup Trends 1
Stayed same
Date of follow up 1
13 June 2024; March 2025
Did the government respond? 1
Yes
Was this case followed up by a UN body? 1
  • ILO
  • UN Special Procedures: UN Special Procedures - General