(Editor’s note: The authors further discuss repression of lawyers in Belarus and around the world on the Just Security Podcast. Listen to the episode here.)
Belarusian lawyers face severe threats under a near-total State-controlled legal system. The capture of bar associations, pretextual ethical investigations, and direct persecution have hobbled their ability to defend human rights and uphold the rule of law. At least six lawyers sit in prison after convictions on trumped-up or political charges. Hundreds of lawyers have been disbarred or exiled simply for doing their jobs.
These challenges are not new. In 2000, the United Nations Special Rapporteur on the independence of judges and lawyers noted with concern Belarus’s shift from parliamentary democracy to authoritarian rule. But the situation has gone downhill fast since 2020, when peaceful protesters faced police violence, arbitrary detention, and torture, with tens of thousands facing politically-motivated arrest and imprisonment following presidential elections. For their efforts to defend activists and opposition figures, lawyers became government targets. In the years since, the Belarusian government has adopted a toolkit of repression, using a range of methods to punish and silence legal professionals.
Weaponizing the Criminal Justice System
A key tool to punish and remove lawyers from politically sensitive cases is the novel use of non-disclosure agreements, engineered to expose them to criminal prosecution should they “leak” what should be routine information about criminal proceedings, including information about the article of the Criminal Code under which charges have been brought, the procedural status of a client, and the name of the investigator. Another method is to directly charge lawyers on political grounds, accusing them of crimes, such as “creation of an extremist formation,” better suited for armed rebels. These charges are then considered during unfair trials, following which the lawyers – who are, inevitably, convicted – face ill-treatment in detention. Since 2020, at least 23 lawyers have been arbitrarily detained, six imprisoned, 140 disbarred and many others forced to flee.
An emblematic case is that of Maksim Znak, a prominent lawyer who represented political opposition leaders, arrested in September 2020. He was charged with crimes including “creation of an extremist formation” and “conspiracy for the purposes of seizing State power” as reprisal for his legal work. Znak was sentenced to 10 years in prison following a closed-door trial. In May 2022, the United Nations Working Group on Arbitrary Detention declared his imprisonment arbitrary, citing discrimination based on his political views and role as a lawyer for a political opposition party. Since February 2023, Znak has been detained incommunicado, with no way to contact his family, legal representatives, or the U.N. This kind of closed detention heightens the risk of ill-treatment, and in itself amounts to torture. The authors have urged the Belarusian authorities to immediately improve Znak’s detention conditions, grant him access to independent medical care, and allow him to communicate with his family.
Arbitrary Administrative Detentions
The repression does not stop with criminal law. Arbitrary administrative detentions are also used to intimidate lawyers, and to swiftly remove them from cases. These arrests entail apprehension and detention for several days at a time, during which lawyers are held in overcrowded cells in poor conditions, and deprived of their basic needs, such as bedding, food parcels or warm clothing. Some face ill-treatment and torture, and have their devices and files seized. By taking lawyers quickly away from their clients and lives without charges or legitimate reason, these administrative detentions have an intense chilling effect. After all, any lawyer could be a target.
Commandeering the Bar: Disbarment, License Revocation
The State has also tightened its grip on the legal profession through increased control over lawyers’ licenses to practice. Since 2020, more than 140 lawyers have been disbarred or had their licenses revoked, often on politically motivated grounds. Many revocations stem from ad hoc “re-certification” procedures imposed by the Ministry of Justice or disciplinary procedures conducted by state-controlled bar associations.
In 2021, amendments to the Law on the Bar expanded the Ministry of Justice’s control, extending to include appointment of bar leadership and disciplinary actions. Once a government has the ability to determine which lawyers can remain in good standing, disciplinary proceedings become a powerful weapon. In Belarus, lawyers perceived as government critics – or their legal representatives – have found themselves accused of ethical or administrative lapses. Disbarment ends careers and can quickly ruin lives.
Co-opted by the executive and transformed into tools of State control, bar associations in Belarus force lawyers to demonstrate loyalty under the constant threat of disciplinary action for non-compliance. Thus, for example, lawyers have faced disciplinary sanctions for showing solidarity with colleagues and expressing anti-war positions. The intrusion goes even further: since 2021, lawyers are forbidden to practice individually. They can now only practice as part of legal consultation offices, whose leadership is handpicked by bar associations, and subject to approval by the Ministry of Justice.
In Abstentia Trials: Persecution Beyond Borders
Even in exile, lawyers are exposed to government reprisals. In 2022, Belarus amended its criminal code to allow trials in absentia for individuals accused of offenses such as “promoting extremist activities” or “incitement of hatred.” Targets of in absentia prosecution cannot choose their legal counsel and are systematically unable to communicate with their State-appointed attorneys. Those attorneys, in turn, likely risk repression if they communicate with, or effectively defend their clients. Additionally, reports indicate that lawyers’ families in Belarus have faced harassment, arrest, and detention in retaliation for the activities of their exiled relatives.
A Crisis of Legal Representation
The government in Belarus is using terror to intimidate, control, and quash dissent. This has a chilling effect, with lawyers afraid to work on politically sensitive cases and sometimes to continue working as lawyers at all. Newly-qualified lawyers are not replacing those imprisoned, disbarred, or in exile, which has created a crisis in access to justice. Some individuals, including some convicted persons seeking to challenge their detention, are completely deprived of legal counsel.
The number of lawyers in Belarus has plummeted from 2,200 in 2020 to just 1,602 in 2024 – a loss of one-quarter of the legal profession in only four years. With one lawyer for every 5,700 residents, access to legal assistance has been severely strained, even for non-political cases.
Solidarity Needed
The State’s interference and severe restrictions placed on the legal profession in Belarus risks spilling over to impact the entire legal system. Systematic violations of the right to a fair trial and to equality before the law appear to be taking hold. Belarus is creating a chilling effect on the whole legal profession, and some clients, especially human rights defenders and opposition figures, may be entirely deprived of independent legal representation.
The free exercise of the legal profession contributes to ensuring access to justice, oversight of State power, and the protections of due process and judicial guarantees. International standards require States to guarantee that those who practice law can do so free from intimidation, obstacles, harassment, or interference.
Last week, lawyers around the world gathered to express solidarity with their Belarusian colleagues. Jan. 24 was the Day of the Endangered Lawyer, and this year Belarus was in the spotlight. Lawyers marched, sent letters, posted on social media, and stretched out a hand to their fellow advocates. Those in countries where foreign lawyers can convert their credentials spread the word about how to obtain local qualification. Others demanded that their countries do more to pressure Belarus to restore the independence and safety of its legal profession. And still others made the crucial connections between what is happening to lawyers in Belarus and what could happen in countries where autocracy is rising. The international community should take steps to support and protect independent Belarusian lawyers – whether still in Belarus, in detention, or in exile.
Regarding lawyers within Belarus, especially those in detention, bar associations and others in the international community can “adopt” a repressed lawyer, follow their case, and raise awareness and advocate on their behalf. Lawyers in exile often face huge obstacles to continue work in their profession, including nationality requirements, large fees for passing bar exams, and more. Access to the bar should be facilitated and exile lawyers should be brought in to work on various human rights initiatives.