Human Rights Centre Viasna

Cases
Case status
Unresolved
Location of case in SG report
2021-002-001
Relevant SG report
Year of the report
2021
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
  • UN Special Procedures: Thematic
Dates of prior UN action
March 2021
Type of record
Named organization
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

promotes human rights and provides legal aid in Belarus

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

targeting of its staff intensified after August 2020 in the context of widespread protests following the Presidential elections and following its increased and visible cooperation with UN human rights bodies and mechanisms. Viasna participated in a joint written submission to the November 2020 Universal Periodic Review (UPR) of Belarus1 and delivered a statement during the UPR adoption on 16 March 2021.2 Viasna also participated in a UN Security Council Arria formula meeting on 4 September 2020 (S/2020/900), and made a joint public submission to the UN Committee against Torture in January 2021 for the list of issues prior to reporting for Belarus.

Engagement with UN body
  • UN Treaty Bodies: CAT
  • UN Security Council
  • UN Human Rights Council: UPR
Dates of engagement
August 2020, November 2020, 16 March 2021, 4 September 2020, January 2021
Type of attempted engagement
  • Participation in meeting on UN premises
  • Submission of information to UN
Dates of mentioned reprisals
February 2021
Location of mentioned reprisals
Belarus
Reprisal information

In February 2021, the organization and its staff were reportedly subject to office and home searches, confiscation of technology equipment, arrests, interrogations, and criminal proceedings.

Types of reprisals suffered
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
  • Charge/Investigation/Prosecution: Trial
  • Detention/Imprisonment: Detention/Imprisonment - General
  • Property damage/raid/search/confiscation
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?
No
Further case development

19 March 2021, the Special Rapporteur on the situation of human rights defenders expressed concerns about the arrest and additional charges against one of Viasna’s volunteer coordinators.

Government response dates
13 August 2021
Government response content

On 13 August 2021, the Government responded to the note verbale sent in connection to the present report noting that the allegations were unsubstantiated statements used to justify political pressure on Belarus under the pretext of human rights concerns. The Government stated that the Public Association Human Rights Centre Viasna is a liquidated legal entity since a Supreme Court decision in 2003 and their activity is prohibited. The Government noted that some individuals associated with Viasna were investigated by the Investigative Committee of Belarus in February 2021 in a case under article 342 of the Criminal Code for allegedly violating public order. As such, searches were carried out at the places of stay of some of these individuals and they were found to have been involved in criminal activity under article 342, as well as under article 243 (tax evasion).

Was the case raised by a State at the UN?
Yes
Which State raised the case at the UN and when?

In September 2022, Germany raised the case at the 51st session of the Human Rights Council during the Interactive Dialogue with the Assistant Secretary-General on the report on reprisals for cooperation with the UN: 'The two Annexes of the report are difficult to bear: A sad highlight is the arrest of staff members of the NGO Viasna in Belarus shortly after the adoption of resolution 47/19 on the Human Rights situation in Belarus by this council.' Liechtenstein also raised the case at the same session: 'unjustified prosecution of several representatives, staff members and collaborators of the NGO Human Rights Center Viasng in Belarus. Both governments should take immediate action to resolve these urgent.'

In June 2023, the Netherlands raised the case during the Interactive Dialogue on Belarus.

In September 2023, BENELUX raised the case at the 54th session of the Human Rights Council during the Interactive Dialogue with the Assistant Secretary-General on reprisals: Therefore, we wish to express our particular concern about the following grave cases: 5. The staff of the Human Rights Center Viasna in Belarus who denounced violations by the government.' Czechia raised the case at the same session: 'We call on Belarus to release all imprisoned activists. including representatives of Human Rights Centre Viasna.' Germany raised the case at the same session as well, such as Liechtenstein: 'As mentioned previously, we are particularly worried about the continued oppression of the NGO Human Rights Centre Viasna in Belarus where several members are still imprisoned while some others face criminal charges.'; and the United Kingdom: 'Delegates of the Human Rights Centre Viasna have been arbitrarily detained in Belarus for their work defending human rights, including through their engagement with UN human rights mechanisms.'

In March 2024, BENELUX raised the case at the 55th session of the Human Rights Council during the General Debate under item 5: 'We will continue to raise the names of those who have been silenced: Staff members of Human Rights Center Viasna, facing arbitrary arrest and criminal charges in Belarus, in connection to cooperation with the UN. The charges must be dropped and those detained must be released immediately.'

In September 2024, BENELUX raised the case at the 57th session of the Human Rights Council during the interactive dialogue with Assistant Secretary general on reprisals: 'We want to highlight three cases mentioned in the ASG report: Human Rights Center Viasna, are arbitrarily detained by the Belarusian government. The charges must be dropped and those detained released immediately.'

In September 2024, the United Kingdom raised the case at the 57th session of the Human Rights Council during the interactive dialogue with Assistant Secretary general on reprisals: 'In Belarus, members of the Congress of Democratic Trade Unions have been detained for advocating for workers' rights and engaging with the International Labour Organization. Delegates of the Human Rights Centre Viasna face years in prison for cooperating with UN mechanisms.'

In October 2024, BENELUX raised the case at the Third Committee session during the ID with the Assistant Secretary-General for Human Rights, Ilze Brands Kehris.

In March 2025, BENELUX raised the case at the 58th session of the Human Rights Council during the General Debate under item 5: 'We continue to raise names of those who have been silenced: 2. Staff members of Human Rights Center Viasna, face arbitrary arrest and criminal charges in Belarus. We call for the charges to be dropped and those detained released immediately.'

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?
No
How many times has the case been followed up in subsequent SG reports?
3
In which SG report was this case followed up on? 0
2022
Follow up information provided in SG report 0

In her 2022 report to the Human Rights Council, the Special Rapporteur on the situation of human rights in Belarus addressed the situation of Viasna’s staff and the targeting of the NGO. On 7 September 2021, a group of mandate holders addressed the arrest and criminal prosecution under articles 243 (tax evasion) and 342 (violation of public order) of the Criminal Code of several Viasna representatives, staff members and collaborators (BLR 8/2021). They expressed concern that these events unfolded in the context of the adoption of the UN Human Rights Council resolution 47/19 on the situation of human rights in Belarus, and the renewal of the mandate of the Special Rapporteur on the situation of human rights in Belarus on 13 July 2021.

Followup Trends 0
Deterioration/further reprisals
Date of follow up 0
4 May 2022, 7 September 2021
Was this case followed up by a UN body? 0
  • UN Special Procedures: Country
  • UN Special Procedures: Thematic
In which SG report was this case followed up on? 1
2023
Follow up information provided in SG report 1
  1. The case of the NGO Human Rights Centre Viasna, a human rights organization providing legal aid in Belarus, was included in the 2021 and 2022 reports of the SecretaryGeneral on allegations of raids, arbitrary arrest, and criminal charges in connection with cooperation with the United Nations. Special Procedures mandate holders addressed the situation of Viasna staff and the persecution of the NGO Viasna on several occasions, noting that the latest arrests and criminal prosecutions unfolded in the context of the adoption of the United Nations Human Rights Council resolution 47/19 on the situation of human rights in Belarus, and the renewal of the mandate of the Special Rapporteur on the situation of human rights in Belarus on 13 July 2021 (BLR 8/2021).28
  2. Between October 2022 and March 2023, the United Nations High Commissioner for Human Rights, his Spokesperson, and special procedures mandate holders addressed the arrest, charges, due process shortcomings, and lengthy sentences of several representatives of Viasna, of which six are currently in prison and at least seven more have suspect status in the criminal case against Viasna, but are not in detention (BLR 1/2023). On 19 May 2023, the Government responded providing details on the investigation and conviction. Names and details of those concerned are withheld due to fear of further reprisals.
  3. On 20 July 2023, the Government responded to the note verbale sent in connection to the present report listing nine different decisions of various national courts that recognized documents of the “unregistered human rights center Viasna” as extremist materials betweenNovember 2021 and April 2023. The Government also provided information on the status of various criminal proceedings.
Followup Trends 1
Stayed same
Date of follow up 1
October 2022 to March 2023
Did the government respond? 1
Yes
Was this case followed up by a UN body? 1
  • UN (Dep.) High Commissioner on Human Rights
  • UN Special Procedures: UN Special Procedures - General
In which SG report was this case followed up on? 2
2024
Follow up information provided in SG report 2
  1. The case of the NGO Human Rights Centre Viasna, a human rights organization providing legal aid in Belarus, has been included since 2021 in the reports of the Secretary-General35 on allegations of raids, arbitrary arrest, criminal charges and long prison sentencing of its Chair and staff in connection with their cooperation with the United Nations. Special Procedures mandate holders addressed the situation of Viasna staff and the persecution of the NGO Viasna on several occasions, 36 to which the Government has responded.37
  2. In December 2023, special procedures mandate holders noted with concern the decisions in August 2023 by the State Security Committee and the Ministry of Internal Affairs declaring the NGO Viasna and its regional branches as “extremist” organizations. Based on these decisions, the NGO Viasna and its branches were added to the list of extremist organizations administered by the Ministry of Internal Affairs, and their websites and other online resources were banned (BLR 10/2023).38
  3. During the reporting period, the Special Rapporteur on the situation of human rights in Belarus noted the high risks of retaliation for those engaging with United Nations human rights mechanisms. Consequently, she chose not to disclose the names of numerous victims and sources in her 2023 report (A/HRC/53/53, para. 19), 39 and to anonymise the names of the organizations that submitted inputs for her 2024 report as a measure of protection against retaliation (A/HRC/56/65, para. 9).
  4. In its 2024 resolution on the situation in Belarus, the Human Rights Council called on the Belarusian authorities to establish full and non-selective engagement with all United Nations human rights bodies and mechanisms and urged them to refrain from all forms of intimidation and reprisals against persons and associations for their cooperation with those mechanisms (A/HRC/RES/55/27).41. In her 2023 statement40 to the Human Rights Council on the situation in Belarus, the Deputy High Commissioner for Human Rights noted that the authorities have further tightened their already far-reaching control over civic space, including by increasingly employing the label “extremism” to stifle dissent. The Special Rapporteur on the situation of human rights in Belarus expressed concern that civil society organizations, notably, those involved in human rights defence and advocacy work have been severely targeted by repressive governmental policies under pretext of countering extremism (A/78/327, para. 76).
  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 2
Deterioration/further reprisals
Date of follow up 2
December 2023
Did the government respond? 2
Yes
Was this case followed up by a UN body? 2
  • UN Special Procedures: UN Special Procedures - General