First criminal sentence for continuing CSO activities after liquidation

On 2 August 2024, a Hrodna Regional Court passed in absentia a verdict in the case against Olga Vialichko, the former head of the Public Charitable Organization «Hrodna Children’s Hospice», forcibly liquidated in August 2021.

Judge found Ms. Volha Vialichka guilty of multiple criminal offences, including continuation of Hospice operations after liquidation, and sentenced her to 1-year imprisonment under Article 193¹. In summarizing of punishments on a set of criminal infractions according other articles the sentence totaled on general conviction to nine years’ imprisonment and a money fine of 12,000 BYN (near 3,400 EUR).

Ms. Olga Vialichko charged under seven articles of the Criminal Code, including Part 3 Art. 210 of the Criminal Code (theft by abuse of official powers); Part 3 of Art. 203¹ (unlawful actions regarding information about private life and personal data); Part 3 of Art. 361⁴ (assistance to extremist activities), etc.

But the key specific feature of this case is that among the seven articles of the Criminal Code brought against Ms. Velichko was Article 193¹ «The illegal organization of the activities of a public association, religious organization or foundation or participation in those activities» stipulating criminal liability for the activities of unregistered organisations (including religious organizations, political parties and foundations).

This is the first known sentencing case under Article 193¹ since its reinstatement in the Criminal Code in early 2022. Article 193¹ of the Criminal Code has been suspended since July 2019, as it was criticized as not conforming to human rights standards.

During the first period in which it was in force (2005 to 2019) the court issued sentences against at least 18 individuals, and the Prosecutor’s office issued hundreds official warnings. In 2011, the Council of Europe’s Venice Commission in special opinion on Article 193¹ stated that “by its very existence Article 193¹ has a chilling effect on the activities of Non-governmental organizations” and that “the restriction is so severe that it not only restricts freedom of association but also freedom of opinion and expression to an unjustifiable degree.”

Ms. Velichko was sentenced in special proceedings (in absentia) because since December 2020, Olga has been residing abroad, where she continues to develop palliative care for children and adults

The novelty of the verdict against Olga is not only that it is the first time in the practice under Article 193¹ that it was passed in absentia, but also that it is the first time that a verdict was passed against an organization after it’s liquidated by the court.

The criminal case has been under investigation since July 2022 and in spring 2024, the investigators decided to apply a special procedure to the trial in the absence of the accused person (this is the first sentence in absentia in Grodno region under such a special procedure).

The grounds for the criminal prosecuted of Volha Vialichka was an examination of the CSO’s website, as well as its financial operations which occurred after the court order on forced liquidation.  According to Hrodna Prosecutor’s Office, continuation of financial transactions by the “Hrodna Children’s Hospice” after its forced liquidation was the ground for criminal prosecution (the transfers were unrelated to the liquidation of the CSO). In total, the organization is charged for 50 financial transactions in the amount of 160,000 BYN (around 50,000 EUR).  The Prosecutor’s Office concluded that the public association functioned under the remote leadership of the director, who was wanted on charges of theft of property.

In addition to the case of the head of Hrodna Children’s Hospice, it is known about the initiation of another criminal case under Article 193¹ after its return to the Criminal Code. In November, the Prosecutor’s Office of the Hrodna region applied to the economic court to liquidate Klerygata LLC which allegedly operated as an unregistered public association of the Union of Poles in Belarus and initiated a criminal case. According to the General Prosecutor’s Office: in violation of the legislation, the business entity, besides the activities stipulated by its statute, implemented the goals and objectives of the public association which was not registered in the Republic of Belarus in the manner prescribed by the laws. The prosecutor’s office brought a criminal case against the officials of the company under Article 193¹ of the Criminal Code of the Republic of Belarus for illegal organizing and participating in the activity of a public association.

This sentence was one more among thousands of similar sentences in Belarus against journalists, bloggers, politicians, civic activists and other citizens, and one more among dozens of sentences passed against persons who had been forced to leave the territory of Belarus.

This verdict may not be the last one under Article 193¹ of the Criminal Code, as an unprecedented campaign to liquidate CSOs will be launched in Belarus in 2021-2024. As of 8 August, 2024 its 1,094 CSOs are recorded to have been liquidated in judicial or out-of-court procedures and 658 CSOs have voluntarily liquidated themselves. In the majority of cases this voluntary liquidation was due to the major difficulties of operating in extremely unfavourable political and legal conditions. In some cases their liquidation was directly caused by firm and continued insistence of the state authorities. The forced liquidation has received a new impetus since April 2024 with dissolution of public associations that have not introduced amendments to their charters, relating to the updated version of the Law «On Public Associations». .

Total from 2021 through August 8, 2024 the Belarusian public sector has lost at least 1,752 CSOs of different forms. In the same time, Lawtrend recorded the registration of only about 175 new CSOs (not liquidated during the same period).. Thus, the number of liquidated CSOs is around 10 times more than the number of newly created organizations.