91 people have been convicted for donations. On August 23, "Viasna" published an article about how solidarity is being persecuted in Belarus. We were particularly interested in the section on risk management when donating to the democratic movement or human rights organizations.
"Hotline" and "Viasna" lawyers explain what to do and how to protect yourself if you are summoned to the KGB for donations.
First and foremost, it’s important to understand that law enforcement may not have any specific evidence or grounds for your detention, fine, seizure, or criminal prosecution until you provide them with such information. In most known cases, people came to such conversations, were subjected to psychological pressure, and then signed explanations where they incriminated themselves in "violations." As a result, such an explanation can lead to criminal prosecution. We always advise appearing in law enforcement only with a subpoena and only within the official procedure — an interrogation.
We recommend remembering the right not to testify against yourself and your loved ones (Article 27 of the Constitution) and using this right. To minimize the possibility of pressure, we suggest coming with a lawyer, both for interrogation and preventive conversations (if, for some reason, you still decide to go).
BYSOL Foundation head Andrei Strizhak commented that the information leak about donations concerns Belarusian bank cards specifically and most likely does not include details about who the donations were made to. The BYSOL team advises re-registering your Facebook account to a new email address and then deleting it.
If a security officer demands that you transfer an amount to a charitable account as payment for your donation, fulfilling this requirement does not guarantee that a criminal case will not be initiated.
A "Viasna" lawyer notes that typically, the application of criminal liability is based on the principle that "the law has no retroactive effect." This means that actions taken before the introduction of criminal liability for them cannot be prosecuted.
The BYSOL Foundation was recognized as an extremist formation on December 3, 2021, by a decree of the Ministry of Internal Affairs. Thus, criminal prosecution related to this fact is only permissible for actions that were committed after the foundation was recognized as extremist.
However, in the case of extremist formations, the practice is that they are recognized as extremist from the very beginning of their activities, not from the date of the decree. This allows the authorities to apply new legislation to old cases.
What should you do if you are summoned to the KGB for a conversation about donations?
"Hotline" and "Viasna" lawyers explain what to do and how to protect yourself if you are summoned to the KGB for donations.
First and foremost, it’s important to understand that law enforcement may not have any specific evidence or grounds for your detention, fine, seizure, or criminal prosecution until you provide them with such information. In most known cases, people came to such conversations, were subjected to psychological pressure, and then signed explanations where they incriminated themselves in "violations." As a result, such an explanation can lead to criminal prosecution. We always advise appearing in law enforcement only with a subpoena and only within the official procedure — an interrogation.
We recommend remembering the right not to testify against yourself and your loved ones (Article 27 of the Constitution) and using this right. To minimize the possibility of pressure, we suggest coming with a lawyer, both for interrogation and preventive conversations (if, for some reason, you still decide to go).
How to minimize the risk of arrest?
BYSOL Foundation head Andrei Strizhak commented that the information leak about donations concerns Belarusian bank cards specifically and most likely does not include details about who the donations were made to. The BYSOL team advises re-registering your Facebook account to a new email address and then deleting it.
- The "Protest Yard Coalition" has developed a more complex multi-step guide on what to do with your Facebook account from which donations were made to the fund.
- Also, the media resource Zerkalo.io provides lawyers' opinions, which are worth reading.
What if you are asked to "pay" for your donation?
If a security officer demands that you transfer an amount to a charitable account as payment for your donation, fulfilling this requirement does not guarantee that a criminal case will not be initiated.
What if the donation was made before BYSOL was recognized as an "extremist formation"?
A "Viasna" lawyer notes that typically, the application of criminal liability is based on the principle that "the law has no retroactive effect." This means that actions taken before the introduction of criminal liability for them cannot be prosecuted.
The BYSOL Foundation was recognized as an extremist formation on December 3, 2021, by a decree of the Ministry of Internal Affairs. Thus, criminal prosecution related to this fact is only permissible for actions that were committed after the foundation was recognized as extremist.
However, in the case of extremist formations, the practice is that they are recognized as extremist from the very beginning of their activities, not from the date of the decree. This allows the authorities to apply new legislation to old cases.
Continue
