2023-06-16 18:24:32
They want to judge the dead
Belarusian courts will be able to try even the dead, if the case concerns genocide, war crimes and several other articles of the Criminal Code. Such changes in the legislation are provided for by the draft law “On Amendments to the Criminal Procedure Code”. It was prepared by the Council of Ministers and submitted for consideration by the House of Representatives.
According to the new law, Belarusian authorities will be able to initiate criminal proceedings against the dead for the following crimes:
— preparing or waging an aggressive war (Article 122);
— an act of international terrorism (Article 126);
— genocide (Article 127);
— crimes against the security of humanity (Article 128);
— production, stockpiling or distribution of prohibited means of waging war (Article 129);
— ecocide (Article 131);
— use of weapons of mass destruction (Article 134);
— violation of the laws and customs of war (Article 135);
— criminal violations of norms of international humanitarian law during armed conflicts (Article 136);
— inaction or giving a criminal order during an armed conflict (Article 137).
These articles did not have a statute of limitations before, but only the living could be convicted by them.
A lawyer will be appointed to the deceased accused in such cases. It will not be possible to refuse his services, even if the accused’s relatives want it.
Until now, Belarusian courts have handed down verdicts in absentia to political opponents who are abroad.
Business cannot be sold to foreign investors
A year ago, the Belarusian authorities forbade foreign investors to sell their business in Belarus without the consent of the authorities themselves. But not all of them, they made a special list. At the beginning, there were 197 companies in the “black” list, but this year the list was expanded 10 times. Now 1849 companies with foreign capital cannot sell their business in Belarus.
A striking example is Olvi, the Finnish investor of Lida Beer. The asset dropped significantly in price, but the Belarusian authorities did not allow it to be sold. In addition, in February, the State Control Committee of Belarus conducted an inspection of JSC Lidzkaye Piva, found violations and fined the company 35.8 million rubles (€12 million at the rate of the National Bank as of February 20, 2023). The company did not agree with the fine and appealed to the district court.
Allowed digital piracy
This year, on January 3, Belarus adopted the law “On limitation of exclusive rights to objects of intellectual property”. This law allows the use of digital materials without the consent of the foreign owner. Now the novelties of world cinema, which are shown in Belarusian cinemas, are pirated copies.
Also the law allows use foreign computer programs without a license.
Officials were allowed to be shot “for treason”
Belarusian officials and soldiers can be shot for “treason to the state”. Such a law was finally approved by Belarusian deputies at the beginning of the year.
This is done “in order to exert a deterrent effect on destructive elements, as well as to demonstrate a determined fight against treason.”
The concept of “treason” in Belarus includes “giving state secrets to a foreign state or organization”, espionage, as well as “providing assistance to a foreign state or organization that harms national security”.
Citizenship and property can be taken away from “dissidents”.
At the beginning of January this year, Belarus adopted a law according to which Belarusians can be deprived of their birthright citizenship. For this, a person must be convicted of one of two dozen criminal articles listed in the law. These are mainly articles related to “extremism”, i.e. political activities, the list even includes “insulting the president”. However, a sentence under these articles does not mean automatic deprivation of citizenship. According to the law, the decision on this is taken personally by Lukashenka. While no one has been deprived of citizenship, the law enters into force only six months after its adoption, that is, in July.
In July last year, a law was also adopted that allows confiscation of property from Belarusian activists by court in absentia. If a person has been convicted and he is abroad, the court can make such a decision.
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