Belarus

The Definition of Terrorism in Domestic Law

Terrorism is defined in very broad terms in the 2002 Law on Terrorism as:

perpetrating an explosion, arson attack or other actions which create the danger of the loss of human life, bodily harm, cause widespread damage or the onset of other serious consequences with the aim of causing public panic or exerting influence on decision-making by government bodies or hindering political or other public activity, and also threatening to carry out such activity with the same aims;

attempt on the life of a government or public official carried out in connection with his government or public activities with the aim of destabilising public order or exerting influence on decision-making of government bodies or hindering political or other public activity, or out of revenge for such activity;

the organisation or actual perpetration of an explosion, arson attack or other actions on the territory of a foreign state with the purpose of killing people or causing them grevious bodily harm, destruction or damage to buildings, installations, ways and means of communication or other property with the aim of provoking international complications, war or destabilisation of the domestic situation in these states, or the murder or grevious bodily harm of government or public officials of foreign states or damage to their property with the same aims.Art. 3, 2002 Law on Terrorism. 

Offences under the Criminal Code include “inciting hostility” (Article 130), “creating an organization to carry out terrorist activities or participating in it” (Article 290-4), “an act of terrorism against a state or public figure” (Article 359), and “calls to harm national security” (Article 361).  

Adherence to Global and Regional Terrorism Treaties

Belarus is a State Party to all of the main United Nations treaties on terrorism.

Belarus is not a member of the Council of Europe and has not adhered to the regional terrorism treaties. In March 2022, the Committee of Ministers of the Council of Europe decided to suspend all relations with Belarus as a result of the country's active participation in the aggression of the Russian Federation against Ukraine.

Belarus has adhered to the Treaty on Cooperation of CIS Member States in Combating Terrorism, which was signed in Minsk in 1999.

Laws and Penalties for Terrorist Offences

Under the Criminal Code, the death penalty is applicable for acts of terrorism that cause loss of life. In May 2022, Belarus adopted a new law which introduced the death penalty for “attempts to carry out acts of terrorism”.

On 6 June 2022, a trial opened in Minsk against four alleged members of the informal opposition organization “Busly Lyatsyats,” recognized by the Belarusian authorities as a terrorist organization. Andrey Budai, Alexey Gamezo, and Alexey Ivanisov are accused of damaging the car of a judge of the Borisovsky district in March 2021 and a window in the apartment of an employee of the Minsk prosecutor’s office in April 2021.

In November 2020, Roman Protasevich, a 26-year-old Belarusian journalist, wrote on his Twitter feed that he had been “declared terrorist” in Belarus. In May 2021, the plane in which he was travelling from Greece to Lithuania was forced to land in Belarus on the basis of a "bomb threat" and Mr Protasevich was arrested. This act was itself alleged to amount to international terrorism.

Counterterrorism Capacities and Policies at Domestic Level

Counterterrorism in Belarus is conducted by a range of entities, including special forces under the Ministry of the Interior.Art. 6, 2002 Law on Terrorism.The Committee for State Security [KGB] of Belarus is ultimately responsible for counterterrorism unless otherwise decided by the President.Art. 10, 2002 Law on Terrorism. 

Caselaw and Views of UN Treaty Bodies and Special Procedures

Special Rapporteur on the Promotion and Protection of Human Rights while Countering Terrorism

In her report to the Human Rights Council at its fifty-third session in 2023, the Special Rapporteur on the promotion and protection of human rights while countering terrorism noted that Belarus’s broad definition of terrorism allows the State to classify many actions as terrorist acts, putting civil, political, and cultural rights at risk. Para 20, Report of the Special Rapporteur on countering terrorism in Belarus. She also expressed concern regarding the use of the death penalty in terrorism cases, noting that:

The Constitution of Belarus retains the death penalty for acts of terrorism. On 13 May 2022, Law No. 165-Z on amending the Criminal Code widened the application of capital punishment to broadly defined “planned” or “attempted” acts of terrorism by organized groups, contrary to international minimum standards on the use of the death penalty, which limit it to the most serious crimes, involving intentional killing (A/HRC/52/68, para. 52). These legislative amendments are placing individuals at risk, in particular those dissidents whose activism may abusively be equated with terrorism, as is the case of anarchists for example. Para 24, Report of the Special Rapporteur on countering terrorism in Belarus. 

The Special Rapporteur emphasized that:

While the concept of “terrorism” remains undefined in international law, States must ensure that counter-terrorism legislation is limited to criminalizing terrorist conduct, which is properly and precisely defined on the basis of the provisions of international counter-terrorism instruments, and is strictly guided by the principles of legality, necessity, proportionality and non-discrimination. These principles appear to have been neglected upon amending the Criminal Code to extend the application of the death penalty to “planned” or “attempted” crimes related to terrorism. Para 25, Report of the Special Rapporteur on countering terrorism in Belarus.