The regime has been arresting, seizing, and auctioning off the assets of Belarusian individuals who took part in demonstrations, advocated for democratic changes, or simply consumed independent media. This includes properties such as land parcels, apartments, garages, phones, and other belongings, which have been confiscated as reparation for fines imposed on politically motivated charges.
Hence, the draft Concept of restitution for victims of repression outlines a framework for the eventual restitution of these properties once a democratic transition occurs in Belarus. For more information, read below.
The draft Concept is available in Russian and Belarusian. Belarusians can share their feedback and proposals through the Telegram bot @AskOffice_Bot, email transitionaljustice@tsikhanouskaya.org, and the Google form.
The draft Concept uses international norms to restore the property rights of repressed Belarusians. It taps into the terms of recovery of property as a form of compensation that involves returning the property; and restitution as the restoration of the rights and situation of the victim to the moment of violation. The process includes the return of freedom, property, and employment.
If property has been transferred to a third party, the decision will be made taking into account the circumstances in which all parties involved in the process find themselves. For example, an important factor is whether the third party had knowledge of the illegality of the sale. If the victim's property has been preserved, the state should either return it or provide compensation.
The lawful owner of property will be entitled to compensation in the following cases:
1. When the owner has a personal desire to receive compensation;
2. When it is not possible to return the property itself;
3. When significant changes or damage to the property have occurred. Those who acquired the property in good faith do not bear the expenses for its return; the state does. If someone obtained the property due to their involvement in repression, they are not considered a bona fide acquirer.
Victims of repression can claim compensation from the state for expenses related to repairing damaged property. For example, if it was damaged as a result of actions related to persecution on political grounds (such as apartment vandalism or damage to property during a police raid or detention).
