Belarus Extradition: A Dangerous Proposition For All Involved

Belarus is an authoritarian state with a history of human rights abuses, including unlawful killings, torture, and arbitrary detention. The country has also been accused of transnational repression, targeting individuals outside of Belarus for intimidation or reprisal.

In recent years, there have been several instances of Belarus attempting to extradite critics of its regime, which have been opposed by other countries and international organisations. For example, in 2024, a Serbian appeals court overturned a ruling to extradite Belarusian filmmaker and regime critic Andrei Hniot to Belarus. Similarly, in 2021, the European Parliament passed a resolution calling on Serbia not to extradite Belarusian activist and journalist Andrey Hnyot to Belarus.

The conditions of detention in Belarus are also a concern, with reports of inhumane treatment, torture, and poor sanitation in prisons. This has been cited as a reason for denying extradition requests, such as in a 2018 decision by the Higher Regional Court Munich, which declared that the extradition of a persecuted individual to Belarus was inadmissible due to the expected detention conditions.

Belarus has also been accused of kidnapping or using violence against individuals in other countries, including the forced diversion of a Ryanair flight in 2021, which resulted in the arrest of journalist Roman Protasevich and his girlfriend Sofia Sapega. This incident led to further international sanctions against Belarus and individuals associated with the regime.

Belarus's poor detention conditions

Belarus has been criticized for its poor detention conditions, which have been deemed inhumane and in violation of human rights.

The country's prison and detention center conditions have been described as poor and, in many cases, life-threatening. There are reports of shortages of food, medicine, warm clothing, and bedding, as well as inadequate access to basic or emergency medical care and clean drinking water. The ventilation and sanitation in cells are also reported to be poor, and authorities fail to provide the necessary conditions for maintaining proper personal hygiene. Prisoners frequently complain of malnutrition and low-quality uniforms and bedding. In addition, there are reports of psychological abuse, with prisoners being forced to share cells with violent criminals or those with contagious diseases.

The conditions for female prisoners have been described as particularly humiliating and discriminatory. Women inmates have reported being forced to expose their bodies in their cells, which are monitored by male guards 24 hours a day, even when changing clothes, washing, or using the toilet. They are deprived of basic hygiene supplies such as soap and toilet paper, and their sanitary facilities have no walls or screens, leaving them with no privacy.

The European Court of Human Rights has set criteria for acceptable detention conditions, and German courts have previously ruled that extraditing individuals to Belarus would be inadmissible due to the country's failure to meet these standards. The Higher Regional Court in Munich, for example, determined that the detention conditions in Belarus constitute an obstacle to extradition under § 73 IRG, as they do not ensure that the minimum human rights requirements are met.

The United Nations women's rights committee has also found that the constant surveillance of women inmates through video cameras and male guards violates their privacy, dignity, and rights.

Belarus's authoritarian regime

Belarus is an authoritarian state with a directly elected president who is the head of state. The country's leader, Alyaksandr Lukashenka, has been in power since 1994 and has consolidated his rule over all institutions, undermining the rule of law through manipulated elections and arbitrary decrees.

The constitution provides for a bicameral parliament, the National Assembly, as well as the All-Belarus People’s Assembly, a previously ad hoc body that was enshrined in the constitution through the February 2022 referendum. While a prime minister is the nominal head of government, power is concentrated in the presidency, both in fact and in law.

Lukashenka maintains effective control over the security forces, which have been accused of aggressively, intentionally, and systematically perpetuating numerous abuses to stifle political dissent and repress human rights. There are widespread reports of unlawful killings, torture, harsh prison conditions, arbitrary arrests, and political prisoners.

The regime has also been accused of transnational repression, including kidnappings and forced returns, politically motivated investigations, trials in absentia, and the abuse of Interpol notices.

The government has closed down independent media outlets and labelled journalists and opposition voices as "extremists", giving authorities a legal pretext to detain and prosecute individuals for expressing opposition to the regime or reporting on its abuses.

The law provides for freedom of assembly, but the government denies this right and employs measures to prevent and suppress demonstrations. The law also provides for freedom of association, but the government severely restricts this and has forcibly closed hundreds of civil society organisations, NGOs, and independent labour unions.

The government has also restricted academic freedom and cultural events, dismissed workers in cultural institutions for their support of the pro-democracy movement, and prohibited displaying certain historical flags and symbols.

The law provides for freedom of movement, but the government has restricted the ability of citizens, particularly former political prisoners, to travel abroad.

Belarus has been described as the last despotic regime in Europe, and its actions have invited international sanctions and condemnation.

Belarus's human rights abuses

Belarus has been criticised for its human rights violations and persecution of non-governmental organisations, independent journalists, national minorities, and opposition politicians. The country's president, Alexander Lukashenko, has described himself as having an authoritarian ruling style, and Western countries have described Belarus under Lukashenko as "Europe's last dictatorship".

Freedom of Expression

Freedom of expression is severely restricted in Belarus. Amendments to the criminal code have made it easier for authorities to bring criminal prosecutions for "anti-state" activities and introduced liability for "discrediting" the armed forces and government forces. Books and printed products are outlawed for featuring "extremist content", and people are arrested for subscribing to "extremist" Telegram channels. Individuals are also sentenced for "insulting" officials, "discrediting" state institutions, and "inciting animosity".

Freedom of Association

There has been a crackdown on independent civil society organisations, NGOs, professional organisations, and ethnic and religious communities. All 12 parties opposed to the government were refused re-registration and dissolved ahead of the 2024 elections. Arbitrary charges of "extremism" have been used to close civil society organisations, and individuals have been arrested for "financing extremist activities".

Freedom of Religion and Belief

As part of a crackdown on dissent, all religious organisations were required to re-register or face closure from October 2024. There has been repression against Catholic priests, with several reportedly beaten by security forces during a search of a cathedral in Minsk. The authorities have also continued to persecute the New Life Protestant Church, demolishing their church building and arresting pastors.

Freedom of Peaceful Assembly

The right to freedom of peaceful assembly is severely restricted. Three years after the 2020 protests, authorities continue to track down participants and supporters for unfounded prosecution and imprisonment. The authorities also abuse the justice system to crack down on dissent, including political opponents, human rights defenders, and lawyers. Torture and ill-treatment are widespread and endemic, with perpetrators enjoying impunity.

Prison Conditions

Prison conditions in Belarus are poor, with inmates facing inhumane treatment, denial of adequate healthcare, lack of contact with family members, and no access to outdoor exercise. For example, Andrei Hniot, a Belarusian filmmaker and critic of the government, was placed under house arrest while awaiting Serbia's decision on his extradition to Belarus, where he could face torture or death.

Belarus's extradition requests

Belarus has been described as the last despotic regime in Europe, with a clear disregard for legal norms. The country is an authoritarian state, with power concentrated in the presidency, held by Alexander Lukashenko since 1994. The regime has been accused of human rights abuses, including unlawful killings, torture, arbitrary arrests, and harsh prison conditions. There have also been reports of transnational repression, with Belarus engaging in acts of violence and kidnapping against individuals in other countries.

Due to the country's poor human rights record and lack of independence in the judiciary, several countries have refused to extradite individuals to Belarus. Here are some examples of Belarus's extradition requests being denied:

• Serbia: In October 2024, a Serbian appeals court overturned a ruling to extradite Belarusian filmmaker and critic of the authoritarian regime, Andrei Hniot, who was arrested based on an Interpol warrant for alleged tax evasion. The court found no firm evidence of tax evasion and expressed concern that Hniot could face torture or death if returned to Belarus.
• Germany: In October 2018, the Higher Regional Court in Munich declared that extradition to Belarus was inadmissible due to the poor conditions of detention, which did not meet the criteria established by the European Court of Human Rights. The court was not satisfied with the Belarusian Attorney General's Office's commitment to inhumane detention room sizes of only 2.5 square meters or 2 square meters.
• Poland, Hungary, Russia, and the Czech Republic: These countries have also been mentioned as refusing extradition to Belarus, although specific details of their decisions were not readily available.

Additionally, Belarus's extradition request for opposition leader Svyatlana Tsikhanouskaya, who has been living in exile in Lithuania, was denied. Tsikhanouskaya is wanted by Belarus for "crimes committed against public order, public safety, and the state." Lithuania's Foreign Minister, Gabrielius Landsbergis, stated that they would ignore the extradition request.

Belarus's Interpol abuse

Belarus has been accused of abusing Interpol's Red Notice system to target political dissidents. In 2011, Ales Mihalevic, a Belarusian opposition candidate in the 2010 presidential elections, was detained by Polish airport police. In 2013, Andrei Abozau, a Belarusian opposition activist living in exile in Estonia, told the online newspaper EUobserver of two cases of Belarusian dissidents who were arrested in EU countries on Red Notice alerts originating from Belarus.

In March 2021, Belarus requested that Lithuania extradite the opposition leader and former presidential candidate Svyatlana Tsikhanouskaya, who had been living in Lithuania since leaving Belarus amid safety fears. The Lithuanian Foreign Minister Gabrielius Landsbergis stated that Vilnius would ignore the request.

In May 2021, Belarus forced a Ryanair flight from Athens to Vilnius to land in Minsk, citing a bomb threat. Upon landing, journalist Roman Protasevich and his partner Sofia Sapega were arrested. Protasevich was known for his criticism of President Alexander Lukashenko and had played a key role for the opposition in the August 2020 presidential election. Sapega was accused of administering Telegram channels that posted information about public servants and law enforcement officers responsible for abuses against peaceful protesters. Both were convicted on politically-motivated charges, with Protasevich sentenced to 14 years and Sapega to six years in prison.

The European Parliament has passed a resolution on political prisoners in Belarus, calling on Serbia not to extradite Belarusian activist and journalist Andrey Hnyot (aka Andrew Gnyot). The resolution noted the "abuse of Interpol arrest warrants to achieve extradition of political opponents from non-EU countries."

In addition to abusing Interpol's Red Notice system, Belarus has also been accused of other human rights violations, including unlawful killings, torture, harsh prison conditions, arbitrary arrests, and restrictions on freedom of expression and assembly. The country has been described as a "despotic regime" and a "rogue state".

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