Belarus: Arrest of Andrei Klimau for Alleged Internet Statements Shows Use of the Criminal Code to Suppress Dissent :: Charter'97 :: News

The arrest on 3 April 2007 of opposition activist Andrei Klimau on charges of violating Article 361 of the Criminal code for statements allegedly made in an Internet publication is the first use of the article by prosecutors, and an indication of how the law can be used to infringe on the freedom of expression.

Article 361 criminalizes appeals via the mass media to overthrow or forcibly change the constitutional regime, or to perpetrate “crimes against the state.” Klimau, who is detained in the remand prison at Valadarski Street in Minsk, faces a prison term of 1-5 years if convicted. According to Belarusian media, officials have refused to give information about the conditions under which he is detained, or any other information about the case.

The incriminated article was published on the web-site www.ucpb.org, and contains thoughts on ways to change the political system of Belarus. However, Klimau has neither confirmed nor denied his authorship.

Klimau previously spent over five years in prison based on his political activism, and was declared a Prisoner of Conscience by Amnesty International. Most recently, he was released in December 2006 having been convicted and incarcerated for a year-and-a half for organizing a public meeting in 2005.

The Belarusian Helsinki Committee (BHC) and the International Helsinki Federation for Human Rights (IHF) are deeply concerned about the destiny of Andrei Klimau, and about the potential misuse of the Criminal Code to arbitrarily indict citizens on the basis of materials appearing on the Internet.