What is 193.1?
Article of the Criminal Code of the Republic of Belarus, which makes any civil activity of people a crime, harms the development of civil society, violates the principles of freedom of association and does not meet international human rights standards
Article 193.1
Criminal Code of the Republic of Belarus
Organization of activities, or participation in activities, of a political party, other public association, religious organization or foundation, regarding which there is a legal decision of a competent authority on their liquidation or cessation of their activities that entered into force, as well as organization or participation of a political party, other public association, religious organization or foundation, that have not passed state registration in the prescribed order, in the absence of evidence of the offense described by the Article 423-1 of the Criminal Code.
Notes
- Participation in the activities of a political party, other public association, religious organization or foundation in this Article means actions aimed at achieving the goals of the specified party, association, organization or foundation, including those defined in their statutory and other documents.
2. The effect of this Article does not extend to the organization of activities or participation in the activities of a political party, other public association, religious organization or foundation, regarding which there is a legal decision of a competent authority on cessation of their activities, that entered into force, if said activities are aimed at eliminating violations that have served as the basis for the suspension of activity, as well as for the organization of activity or participation in the activity of a political party, other public association, religious organization or foundation, if said activities are related to the process of state registration of that organization in the established order.
3. A person who has voluntarily stopped the actions provided for in this Article, and declared it to the state body, is released from criminal liability, if his actions do not contain the evidence of another crime. This provision does not apply to persons who have committed similar actions within two years after the voluntary termination of the actions provided for in this Article.
Legal Opinions and Appeals of Organizations
BHC turned to international structures.
Additional mechanisms of pressure on civil society were introduced.
Conclusion on compliance with Art. 193-1 of the Constitution and an international act ratified by the country.
The legislation not only restricts freedom of association, but also freedom of opinion and expression to an unjustified degree.
Enforcement History
1
Introduction of the Article (2005)
Article 193-1 was introduced on December 15, 2005 in the wake of Belarusian authorities preparation for the 2006 presidential elections, the purpose of which was to strengthen the legal mechanisms of political repression. At that time, several normative acts were issued, which significantly limited the possibilities for political actions by the opposition and strengthened sanctions for "political" offenses.
2
Punishments and warnings (2005-2019)
At least 18 people were convicted under the Article. The main number of arrests due to the Article occurred in 2006 and 2007 (pre- and post-election period). The exact number of those warned and sentenced is not known.
3
Repeal of the Article (2019)
Civil society actively advocated the repeal of Article 193.1 and the abolition of the ban on the activities of unregistered associations in all acts of the legislation of the Republic of Belarus.
Against the background of the general liberalization of the political regime in June 2019, Art. 193-1 was transferred from the Criminal Code to the Code of Administrative Offenses.
4
Return of the Article (2022)
By the law of 5.01.2022, Article 193.1 was returned to the Criminal Code and came into force again on 22.01.2022, again during a wave of repression. The text of the Article is almost identical to the one that existed before 2019. The only innovation is the provision that Art. 193.1 will not be applied in cases where the more severe Art. 423.1 of the Criminal Code can be applied, which concerns non-compliance with the decision on the suspension and liquidation of organizations recognized as extremist.
Ban on the Activities of Unregistered Public Associations in Belarus (2006-2010)
First edition of the Article 193.1 of the Criminal Code