Activist is Jailed in Russia for Opposing Lukashenka regime. The case of Vadim Duboisky
Vadim Duboisky was born on February 28, 1990. He is a citizen of Belarus who lived in Brest. Accused under part 2 of article 293 of the Criminal Code of the Republic of Belarus (“Participation in mass riots accompanied by violence against persons, rioting and destruction of property”, up to 8 years’ imprisonment). He left for Russia in the fall of 2020. He has been held in Russian custody since April 11, 2021.
The presidential election in Belarus on August 9, 2020, which, was falsely claimed as victory by Alexander Lukashenko, caused a strong wave of peaceful civil protest in connection with the huge scale of electoral fraud. The opposition refused to recognize the election results, demanding a recount and a repeat of the election. The Belarusian security forces, led by Alexander Lukashenko, suppressed the protests in most brutal and violent ways. Many detainees were tortured, some were killed or disappeared. Not a single case of prosecution of law enforcement officers is known, although there are numerous reports of unlawful prosecution of citizens, including journalists, who were subjected to police violence.
The results of the elections in Belarus were not recognized by most European countries, as well as the U.S. and Canada. Violence against protesters by Belarusian security forces was condemned by key international organizations, and sanctions were imposed on the state authorities.
The Belarusian authorities use criminal prosecution as the main tool for suppressing any attempts to express opposition to the illegitimate government and intimidate the society in order to prevent its citizens from exercising their constitutional rights. Participants of protests against the falsified results of the presidential election were sentenced to significantly long sentences on various charges, including charges of participation in mass riots.
As of January 31, 2022, there were 1,004 political prisoners in Belarus, recognized as such according to the international Guidelines on the Definition of Political Prisoners by a group of leading human rights organizations in the country. According to the Belarusian Human Rights Center “Vesna”, as of the end of January 2022, more than 2,200 people are known to have been criminally prosecuted for protesting against the fabricated results of the 2020 presidential election, and more than 5,500 criminal cases related to protests have been filed.
Full Description of the Case
On August 10, 2020, investigative authorities of Brest region initiated a criminal case under part 2 of article 293 of the Criminal Code of the Republic of Belarus against unidentified persons in connection with their participation in the “mass riots, accompanied by violence against persons, looting and destruction of property.” According to the reports announced in January 2021 by the Investigative Committee of the region, “the investigation has identified 66 participants in the mass riots” in Brest.
On August 11, 2020, Vadim Duboisky was detained by Belarusian security forces while dispersing a mass protest demonstration against the rigged presidential election held on August 9.
According to Duboisky, he and seven other detainees were held and beaten for three days in the basement of the House of Justice in Brest (the building houses several regional courts), and then forced to sign a statement saying they had no claims to the law enforcement agencies and released without any protocols.
A few days later, Vadim Duboisky went to the city hospital, where he was diagnosed with a contusion of the right hip and bruise of the left half of the chest.
On September 4, 2020, Duboisky was detained on suspicion of committing a crime under part 2 of article 293 of the Criminal Code of the Republic of Belarus on his way out of the house and taken to the Investigative Committee. He was kept in the temporary detention facility (IVS) of the Leninski district of Brest for a week, and then was released on his pledge not to leave.
In September 2020, Vadim Duboisky fled to Moscow.
After that, the Investigative Committee of Belarus declared him wanted as a defendant in the case of participation in the riots. It is known that Brest law enforcement officers questioned his mother and asked her to identify her son on videotape. The Investigative Committee of the Republic of Belarus sent a request to the General Prosecutor’s Office of the Russian Federation for the extradition of Duboisky.
Upon his arrival to Russia, the young man planned to apply for temporary asylum, but after cases of detention of citizens of Belarus at the request of the authorities of this country, he decided to apply for asylum in Ukraine.
On April 11, 2021, Duboisky was detained by the Russian border guards while attempting to cross the Russian-Ukrainian border outside the checkpoint in the Belgorod region of the Russian Federation.
On April 16, 2021, a court arrested him and placed him in the detention center in Belgorod. Vadim Duboisky applied for refugee status and temporary asylum in Russia.
On August 4, 2021, it was reported that the Russian Prosecutor General’s Office granted the request of the Belarusian authorities and issued a decree on the extradition of the accused. The ruling states that Vadim Duboisky is accused of having “together with other persons moved at least three benches to the roadway, thus participating in the erection of barricades” during the protests in Brest. In addition, Duboisky, also together with other persons, allegedly broke the paving tiles. As a result of the actions of the protesters “one of the officers of Internal Affairs suffered light injuries and at least twenty-five officers were beaten.” The Belarusian authorities allegedly failed to identify the law enforcement officers who beat Vadim himself.
On September 9, 2021, the Belgorod Regional Court dismissed the complaint filed by the defense of Vadim Duboisky against the ruling of the Russian Prosecutor General’s Office to extradite him at the request of Belarus. In court, the prosecutor read out the ruling of the Belarusian law enforcement authorities not to institute criminal proceedings because of the beating of Duboisky after his detention in August 2020. The ruling confirms that he was indeed detained. The medical expert confirmed that the injuries were and could have been caused during the detention. But, according to law enforcement officers, the police under the law can use violence in case of illegal actions, which Vadim allegedly committed and, thus, violence was used to him reasonably.
In October 2021, the lawyer filed a complaint with the European Court of Human Rights (ECHR) against Russia’s decision to extradite Duboisky and his unjustified imprisonment. The complaint alleges that the extradition poses a threat to Vadim’s life, as well as a risk of torture, cruel and inhuman treatment. Thus, it substantiates a violation of Articles 2 (“Right to life”), 3 (“Prohibition of torture”) and 5 (“Right to liberty and security of person”) of the European Convention for the Protection of Human Rights and Fundamental Freedoms in respect of him.
On October 20, 2021, the ECHR applied Rule 39 of its regulations and prohibited Russia from extraditing Vadim Duboisky until his case was heard in Strasbourg. The ECHR agreed with the arguments of the lawyer, who pointed to the unlawful political persecution and the possibility of torture of Duboisky in case of his extradition to the Belarusian authorities.
On October 21, 2021, Federal Judge of the First Appeal Court in Moscow Sergey Kurokhtin dismissed the defense complaint and upheld the decision of the Belgorod Regional Court regarding the competence of the Russian General Prosecutor’s Office to extradite Duboisky. However, he continues to be held in the Belgorod pre-trial detention center pending consideration of his case by the ECHR.
Why Does The Memorial Center Recognize Vadim Duboisky as a Political Prisoner?
In accordance with international guidelines, Memorial Human Rights Centre (MHRC) considers Vadim Duboisky, a Belarusian national who lives in Russia, a political prisoner.
Vadim Duboisky has not been charged with the use of violence but with a vaguely defined ‘participation’ in riots.
“In our opinion, the protests in Belarus, which began in August 2020, cannot be qualified as riots. The demonstrators did not commit arson or pogroms and did not use armed resistance against the authorities. It was not the protesters who used violence at the rallies, but the law enforcement agencies of Belarus. Moreover, there are no known cases of the prosecution of law enforcement officers, although there are numerous reports of unlawful prosecution of citizens who were victims of police violence.
According to Belarusian human rights defenders, there are approximately one thousand political prisoners in the country. Neither the grounds for the politically motivated charges that have become known, nor the procedures of criminal prosecution, meet the minimum standards for fair trial or for the protection of human rights in general. We concur with the European Court of Human Rights that there are no grounds to expect the Belarusian authorities will ensure the rights of Vadim Duboisky are respected in the event of his extradition. We therefore consider Russia must refuse his extradition and grant him temporary asylum. This position is based on both Russian and international legal norms.” — the statement published on the website of Memorial Human Rights Centre reads.