{"id":44444,"date":"2020-09-10T23:53:31","date_gmt":"2020-09-10T21:53:31","guid":{"rendered":"https:\/\/actionagainstchildabduction.com\/?p=44444"},"modified":"2025-06-25T09:18:38","modified_gmt":"2025-06-25T07:18:38","slug":"ngos-2020-09-10-en-open-statement-in-connection-with-the-detention-of-belarusian-lawyers","status":"publish","type":"post","link":"https:\/\/actionagainstchildabduction.com\/sv\/ngos-2020-09-10-en-open-statement-in-connection-with-the-detention-of-belarusian-lawyers\/","title":{"rendered":"NGOs 2020.09.10 Detention of Belarusian Lawyers"},"content":{"rendered":"
\"\"<\/figure>\n\n\n\n
<\/div>\n\n\n\n

The Detention of Ilya Salei and Maksim Znak<\/strong><\/h1>\n\n\n\n
<\/div>\n\n\n\n

Open Statement September 10, 2020<\/h2>\n\n\n\n

Open statement in connection with the detention of Belarusian lawyers Ilya Salei and Maksim Znak<\/strong><\/h4>\n\n\n\n

We express our deep concern at the detention of lawyers Ilya Salei and Maksim Znak on September 9, 2020, in Belarus, in a criminal case that is undeniably politically motivated. We consider this to be a gross violation and interference with their professional legal activities and
with their rights to express professional opinions, as established by international legal standards. <\/p>\n\n\n\n

This case is a direct consequence of a dire situation, problems, and violations of the professional rights of attorneys and lawyers, and the overall functioning of the legal profession in the Republic of Belarus. These problems were highlighted by both international organizations and representatives of the legal community before.<\/p>\n\n\n\n

1. According to the information posted on the website of the Main Investigation Department of the Investigative Committee of the Republic of Belarus, \u201cthe investigation of the criminal case opened by the General Prosecutor\u2019s Office of the Republic of Belarus under Part 3 of Article 361 of the Criminal Code of the Republic of Belarus. <\/p>\n\n\n\n

At the moment, in the course of the investigation, evidence has been obtained that testifies to the commission by individuals of a non-governmental organization called the Coordination Council, actions aimed at destabilizing the socio-political and economic situation and public awareness in the country, causing harm to the national security of the Republic of Belarus.<\/p>\n\n\n\n

These actions were carried out using the media and internet resources. With regard to the suspects Maria Kolesnikova and Maksim Znak, with the approval of the prosecutor, a preventive measure was chosen in the form of detention. Ilya Salei was also detained on suspicion of committing this crime\u201d.<\/p>\n\n\n\n

2. However, detained Ilya Salei is a lawyer of Maria Kolesnikova, one of the leaders of the Belarusian protest movement and a member of the Presidium of the Coordination Council, who is also in jail.<\/p>\n\n\n\n

3.\u00a0The second detained lawyer, Maksim Znak, was representing Viktor Babariko, who ran for the President of the Republic of Belarus but was not allowed to register as a candidate and was recognized as a political prisoner.<\/p>\n\n\n\n

Maksim Znak was also an attorney for the former presidential candidate Svetlana Tikhanovskaya, on whose behalf he created the Coordination Council. As a member of the Presidium of the Coordinating Council, Maxim Znak provided legal assistance as an attorney. Maxim Znak\u2019s lawyer, Dmitry Laevsky, notes: \u201cAll his statements,<\/p>\n\n\n\n

1. See\u00a0<\/strong>
https:\/\/www.hfhr.pl\/en\/report-on-the-situation-of-legal-profession-in-belarus\/<\/a>
https:\/\/probusiness.io\/law\/7462-kogda-slesari-bastuyut-advokatam-stydno-molchat-obrashchenieadvokatskogo-soobshchestva-belarusi.html<\/a>,\u00a0https:\/\/fondadvokatov.ru\/belarus<\/a><\/strong><\/p>\n\n\n\n

2. See\u00a0<\/strong>
https:\/\/sk.gov.by\/ru\/news-ru\/view\/sledstvennym-komitetom-prodolzhaetsja-rassledovanieugolovnogo-dela-o-publichnyx-prizyvax-k-dejstvijam-9248\/<\/strong><\/a><\/p>\n\n\n\n

4. Coordination Council \u2013 a public initiative created with the goal of overcoming the political crisis in Belarus\u00a0and ensuring peace and understanding, and also for the protection of the sovereignty and independence of the Republic of Belarus. For more information about the Council, please\u00a0see\u00a0https:\/\/rada.vision\/en\u00a0appeals. Comments were public, transparent, their content was absolutely legal and did not carry any illegal intentions\u201d.<\/p>\n\n\n\n

5. We would like to emphasize that, in accordance with the United Nations\u2019 Basic Principles on the Role of Lawyers<\/p>\n\n\n\n

6. Governments must ensure that lawyers can perform all of their professional functions without intimidation, hindrance, harassment, or improper interference. Lawyers, like other citizens, are entitled to freedom of expression, belief, association, and assembly. In particular, they have the right to take part in public discussion of matters concerning the law, the administration of justice, and the promotion and protection of human rights, and to join or form local, national, or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful actions or their membership in a lawful organization.<\/p>\n\n\n\n

The Belarusian Helsinki Committee appealed to the UN Special Rapporteur on the independence of judges and lawyers with a report about the situation of lawyers Maksim Znak and Ilya Salei.6<\/strong><\/p>\n\n\n\n

The report called for urgent action to be taken in connection with the detention of the lawyers and requested sending an urgent message to the Government of Belarus on the need to comply with the Basic Principles concerning the role of lawyers.<\/p>\n\n\n\n

Belarusian lawyers and jurists have made an open statement in connection with the detention of their colleagues.<\/p>\n\n\n\n

7. We also demand that the authorities of the Republic of Belarus to:<\/p>\n\n\n\n

\u2013 immediately release lawyers Maksim Znak and Ilya Salei and comply with international legal standards of the independence of the legal profession and the exercise of the right to defense;<\/p>\n\n\n\n

\u2013 stop the persecution of lawyers and attorneys who are exercising their constitutional right of free expression by expressing their opinions8 while performing professional functions;<\/p>\n\n\n\n

\u2013 strictly observe the provisions of Art. 62 of the Constitution of the Republic of Belarus: \u201cEveryone has the right to exercise and protect rights and freedoms, including the right to use at any time the assistance of lawyers and their other representatives in court, other state bodies, local government bodies, at enterprises, institutions, organizations, public associations, and in relations<\/p>\n\n\n\n

4.\u00a0See\u00a0<\/strong>
https:\/\/news.tut.by\/economics\/699898.html<\/strong><\/a><\/p>\n\n\n\n

5. See\u00a0<\/strong>
Adopted by the Eighth\u00a0United Nations\u00a0Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990,\u00a0see\u00a0https:\/\/www.un.org\/ru\/documents\/decl_conv\/conventions\/role_lawyers.shtml<\/a><\/strong><\/p>\n\n\n\n

6.\u00a0See\u00a0<\/strong>
https:\/\/belhelcom.org\/be\/node\/1244<\/strong><\/a><\/p>\n\n\n\n

7.\u00a0See<\/strong>
https:\/\/news.tut.by\/economics\/699922.html<\/strong><\/a><\/p>\n\n\n\n

8.\u00a0See<\/strong>
Article 33 of the Constitution of the Republic of Belarus\u00a0https:\/\/kodeksy-by.com\/konstitutsiya_rb\/33.htm<\/strong><\/a> with officials and citizens. Opposition to the provision of legal assistance in the Republic of Belarus is prohibited by law\u201d.<\/p>\n\n\n\n

Signatories:<\/strong><\/h4>\n\n\n\n

1. Helsinki Foundation for Human Rights, Poland<\/em>
2. ARTICLE 19, United Kingdom<\/em>
3. The Council of Bars and Law Societies of Europe<\/em>
4. The Bar Association of Luxembourg<\/em>
5. The Swedish Bar Association<\/em>
6. The French and German-speaking bars Association of Belgium AVOCATS.BE<\/em>
7. The European Association of Lawyers AEA-EAL<\/em>
8. Lawyers for Lawyers, The Netherlands<\/em>
9. FIDH \u2013 International Federation for Human Rights<\/em>
10. Lawyers\u2019 Committee for Human Rights YUCOM, Serbia<\/em>
11. OMCT World Organisation Against Torture<\/em>
12. Human Rights House Foundation, Norway<\/em>
13. Centre de la protection internationale, France<\/em>
14. Human Rights Monitoring Institute, Lithuania<\/em>
15. International Partnership for Human Rights (IPHR), Belgium<\/em>
16. The Norwegian Helsinki Committee<\/em>
17. Freedom Now, USA<\/em>
18. Crude Accountability, USA<\/em>
19. All-Ukrainian Association of Lawyers Providing Free Legal Aid \u2013 Odesa Division, Ukraine<\/em>
20. Center for the Development of Democracy and Human Rights, Russia<\/em>
21. Pskov Regional Human Rights Environmental Public Movement \u201cSvobodnyi Bereg\u201d, Russia<\/em>
22. Kharkiv Regional Foundation Public Alternative, Ukraine<\/em><\/strong><\/p>\n\n\n\n

9.\u00a0See\u00a0<\/strong>
https:\/\/kodeksy-by.com\/konstitutsiya_rb\/62.htm<\/strong><\/a><\/p>\n\n\n\n

23. German-Russian Exchange in St. Petersburg
24. Stichting CAAT Projects, The Netherlands
25. MEMORIAL Deutschland e. V. Haus der Demokratie und Menschenrechte, Germany
26. Legal Policy Research Center, Kazakhstan
27. Public Association Dignity, Kazakhstan
28. Human Rights Movement \u201cBir Duino-Kyrgyzstan\u201d
29. Belarusian Helsinki Committee
30. Human Constanta, Belarus
31. Center for Participation and Development, Georgia
32. Helsinki Citizens\u2019 Assembly \u2013 Vanadzor, Armenia
33. Association of Ukrainian Human Rights Monitors on Law Enforcement, Ukraine
34. SOVA Center for Information and Analysis, Russia
35. Souchastiye v Sud\u2019be, Blagotvoritel\u2019nyy Tsentr, Russia
36. Human Rights Embassy, Moldova
37. Libereco Partnership for Human Rights, Germany
38. Public Verdict Foundation, Russia
39. Human Rights Group \u201cGrazhdanin, Armia, Pravo\u201d, Russia
40. DRA \u2013 German-Russian Exchange, Germany
41. Social Action Centre, Ukraine
42. Helsinki Committee of Armenia
43. Helsinki Association, Armenia
44. Macedonian Helsinki Committee
45. Swedish OSCE network
46. Albanian Helsinki Committee
47. Bulgarian Helsinki Committee
48. Women of the Don, Russia
49. Moscow Helsinki Group, Russia
50. Human Rights House Zagreb, Croatia
51. Human Rights Center, Georgia
52. Mogilev Human Rights Center, Belarus
53. Netherlands Helsinki Committee
54. Human Rights Center ZMINA, Ukraine
55. The Barys Zvozskau Belarusian Human Rights House
56. \u201cEkumena\u201d Center, Belarus
57. Youth Memorial \u2013 Perm, Russia
58. Human Rights House in Chernihiv, Ukraine
59. The Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
60. \u00d6stgruppen \u2013 Swedish initiative for democracy and human rights, Sweden
61. IDP Women Association Consent, Georgia
62. Kazakhstan International Bureau for Human Rights and the Rule of Law, Kazakhstan
63. Czech Bar Association, The Czech Republic (TBC)
64. Civil Initiative Against Lawlessness in Courts and Prosecutor\u2019s Office, Belarus
65. AED-EDL (Avocat.e.s Europ\u00e9ennes D\u00e9mocrates \/ European Democratic Lawyers),
Barcelona, Spain
66. Freedom House, USA
67. Independent Social-Ecological Movement \u2013 NESEHNUTI, Brno, The Czech Republic
68. Stichting CAAT Projects, the Netherlands
69. La Asociaci\u00f3n Libre de Abogados, Spain
70. RAW for Women and Girl Survivors of War (Raw in War)
71. Citizens Network Watchdog, Poland
72. ORDRE DES AVOCATS DE PARIS \/ Paris Bar, France
73. The \u0421ouncil of the Warsaw Bar Association of Advocates, Poland
74. Russian LGBT Network
75. Board of the EU-Russia Civil Society Forum<\/strong><\/em>
76. Freedom of Religion and Belief \u2013 FORB, Belarus<\/strong><\/em>
77. Human Rights Center Memorial, Russia<\/strong><\/em>
78. Khusanbai Saliev, lawyer, Bir Duino-Osh, Kyrgyzstan
79. Valerian Vakhitov, lawyer, Bir Duino-Osh, Kyrgyzstan
80. Lyudmila Ulyashina, Human Rights Advocate, Ph.D. in Law, Associate Professor, European Humanities University
81. Lyubov Moseyeva-Elye, Legal Adviser, Kaluga Movement For Human Rights, Russia
82. Magomed Mutsolgov, journalist and human rights activist, Ingushetia, Russia
83. Dina Shautsova, Lawyer, Belarus<\/strong><\/em><\/p>\n\n\n\n

Source Attached Hereto:<\/strong><\/h4>\n\n\n\n

2020-09-10 EN NGOs Open statement in connection with the detention of Belarusian lawyers<\/strong><\/a><\/p>\n\n\n\n

<\/div>\n\n\n\n
Nicolaos AA Cheropoulos
Father of Anthoula and Alexandra
Stockholm, Sept 2020
Reviewed Oct. 2023<\/h6>","protected":false},"excerpt":{"rendered":"

The Detention of Ilya Salei and Maksim Znak Open Statement September 10, 2020 Open statement in connection with the detention of Belarusian lawyers Ilya Salei and Maksim Znak We express our deep concern at the detention of lawyers Ilya Salei and Maksim Znak on September 9, 2020, in Belarus, in a criminal case that is […]<\/p>\n","protected":false},"author":1,"featured_media":50521,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21],"tags":[],"class_list":["post-44444","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-state-bodies-ngos"],"_links":{"self":[{"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/posts\/44444","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/comments?post=44444"}],"version-history":[{"count":0,"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/posts\/44444\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/media\/50521"}],"wp:attachment":[{"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/media?parent=44444"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/categories?post=44444"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/actionagainstchildabduction.com\/sv\/wp-json\/wp\/v2\/tags?post=44444"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}