The International League Against Arbitrary Detention urges the Government of Belarus to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 5/2024 concerning Artsiom Zharnak, asking the Government of Belarus to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Artsiom Zharnak (Belarus): Opinion No. 5/2024.
UNIONIST ARRESTED FOR PARTICIPATION TO STRIKES AND PROTESTS
Artsiom Zharnak is a citizen of Belarus, born in 1993. He usually resides in Minsk, Belarus. Since September 2020, Mr. Zharnak was the leader of the Free Trade Union of Metalworkers at the state-owned company 'Minsk Automobile Plant' (MAZ) and, before that, he was an activist of the Belarusian Trade Union of Radioelectronic Industry Workers.
During and after the presidential elections in Belarus in August 2020, mass protests took place across the country. Numerous individuals were detained for participating in these protests and expressing opposition. According to the source, independent trade unions were especially targeted during this period, as they and their members participated in peaceful assemblies and exercised their freedom of expression.
Mr. Zharnak participated in strikes and peaceful assemblies in August, October, and November 2020 - the strikes were then initiated by the opposition party in Belarus. While serving as Chairman of the Belarusian Trade Union of Radioelectronic Industry Workers, the union coordinated peaceful assemblies and communicated about the situation in Belarus and alleged human rights violations surrounding the presidential elections. Mr. Zharnak continued his union activities even after being dismissed from MAZ in December 2020, even becoming Chairperson of the Free Trade Union of Metalworkers in June 2021.
Mr. Zharnak was arrested on 17 November 2021 in his apartment by the State Security Committee of the Republic of Belarus for Minsk, on suspicion of committing the crime of establishing or participating in extremist formations, as defined in article 361-1 (1) of the country’s Criminal Code. On 24 November 2021, the State Security Committee issued a resolution on the initiation of a criminal case against Mr. Zharnak, on the basis of article 342 (1) of the Criminal Code, which refers to the crime of organizing and preparing, or actively participating in, actions that seriously violate public order.
On 13 October 2022, he was sentenced to four years of imprisonment under three articles of the Criminal Code: article 361-1 (1), article 361 (3) - which prohibits calls for actions aimed at harming the national security of Belarus - and article 342 (1). The source reported that Mr. Zharnak has appealed the verdict to the Supreme Court, but the outcome of the appeal has not been disclosed.
The Government of Belarus was given the opportunity to rebut the allegations made by the source but responded only after the established deadline. As a result, the Working Group could not consider the answer as if it had been submitted on time
UNJUSTIFIED PRE-TRIAL DETENTION AND NOT PROMPTLY BROUGHT BEFORE A JUDGE
First, Mr. Zharnak was held in pre-trial detention for 11 months solely based on the gravity of the charges against him. His pre-trial detention was extended several times without considering less restrictive measures. The Working Group recalled that pre-trial detention should be the exception, not the rule, and should be ordered for the shortest time possible. Without justification of the authorities for not considering the specific elements of the case or alternatives measures to pre-trial detention, the Working Group thus considered that Mr. Zharnak’ detention violated the article 9 (3) of the Covenant.
Additionally, the source argued that Mr. Zharnak was brought before a judge nearly a year after his arrest, while the Government claimed he was presented to a court two weeks after his detention, namely on 7 December 2021. Even using the Government's timeline, the delay exceeded the 48 hours generally deemed sufficient to meet the requirement of bringing a detainee 'promptly' before a judge following arrest. The Working Group therefore considered this delay was contrary to article 9 (3) of the Covenant.
Consequently, the Working Group concluded that the detention of Mr. Zharnak was arbitrary, falling under category I.
DETAINED FOR EXERCISING HIS RIGHTS TO FREEDOM OF EXPRESSION AND PEACEFUL ASSEMBLY
The source asserted that Mr. Zharnak detention was due to his exercise of his rights to freedom of expression, peaceful assembly, and association. According to the source, Mr. Zharnak, who was detained for violations of articles 342 and 361 of the Criminal Code, was one of numerous cases in which these provisions had been used by the authorities to punish participants in the 2020 and 2021 peaceful protests.
The Working Group referred to its own jurisprudence, as well as that of other human rights bodies, noting that Mr. Zharnak's case fits into a broader pattern of arbitrary arrests and detentions of government critics and human rights defenders in Belarus. In this context, articles 342 and 361 of the Criminal Code have been used to criminalize those seeking to exercise their rights to freedom of expression, peaceful assembly and association. Since the authorities did not provide a convincing explanation that would justify departing from its established jurisprudence, the Working Group concluded that Mr. Zharnak was arrested and detained for exercising his rights to freedom of expression and peaceful assembly, as guaranteed by articles 19 and 20 of the Universal Declaration of Human Rights, and articles 19 and 21 of the Covenant.
In light of the above, the Working Group found that Mr. Zharnak’s arrest and detention were arbitrary under category II.
NOT TRIED BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL, IN A PUBLIC HEARING
The source argued that the right to a fair trial of Mr. Zharnak has been encroached by the lack of independence and impartiality of the judge - due to the fact that judges are chosen, can be sanctioned and are payed based on the President's decisions. The report of the Special Rapporteur on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath highlighted systemic restrictions on judicial independence in Belarus. Based on this report, and considering the lack of adequate response from the Government, the Working Group concluded that Mr. Zharnak was not tried by an independent and impartial tribunal, in violation of article 10 of the Universal Declaration of Human Rights and article 14 (1) of the Covenant.
Furthermore, Mr. Zharnak was tried and sentenced by the court of first instance in camera, without any justification from the Government for excluding the public and media from the trial. The Working Group thus found that the denial of Mr. Zharnak’s right to a public hearing violated his rights under article 10 of the Universal Declaration of Human Rights and article 14 (1) of the Covenant.
Consequently, the Working Group concluded that the breaches of the right to fair trial of Mr. Zharnak were of such gravity that it rendered his deprivation of liberty arbitrary under category III.
DISCRIMINATED ON THE BASIS OF HIS POLITICAL OPINION
Finally, the source affirmed that Mr. Zharnak was detained due to discrimination based on his political opinion, as he was a leader and active member of an independent trade union. Citing its previous findings under category II, and noting the pattern of arrest and detention of individuals who exercised their rights to freedom of expression and peaceful assembly in opposition to the Belarusian authorities following the 2020 presidential elections, the Working Group concluded that Mr. Zharnak’s arrest and detention were discriminatory based on his political opinion, in violation of article 26 of the Covenant.
As a result, the Working group found that Mr. Zharnak’s detention was arbitrary under category V.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Artsiom Zharnak was arbitrary and fell under categories I, II, III, and V, due to violations of articles 3, 9, 10, 19 and 20 of the Universal Declaration of Human Rights and articles 9, 14,19, 22 and 26 of the International Covenant on Civil and Political Rights.
The Working Group requested the Government of Belarus to take the steps necessary to remedy the situation of Mr. Zharnak without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
The Working Group also urged the Government to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. Zharnak and to take appropriate measures against those responsible for the violation of his rights.
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