In recent months, Belarus has seen a new wave of politically motivated arrests. The regime is deliberately using the expiration of the statute of limitations for certain criminal code articles as a tool of repression. For many, the statute of limitations for the widely used Article 342 ends this summer. However, this does not eliminate the risk of persecution.
Sviatlana Tsikhanouskaya’s Advisor on Legal Affairs, Leanid Marozau, explains why the expiration of the statute of limitations may not guarantee security.
- New charges may be filed upon detention.
Once a person is detained, their devices and communications will be checked for comments, posts, or donations that the state could treat as a new offense.
- The statute of limitations is suspended if one is placed on a wanted list.
Even if five years have passed since the charges under Article 342 were filed, the limitation period can be extended to 15 years if one is officially declared wanted – whether in exile or hiding within Belarus.
- The regime may reclassify protest-related activity under more severe charges.
For instance, Article 293 of the Criminal Code may be used – participation in mass riots – which carries harsher penalties and a longer statute of limitations.
- Criminal cases are not closed automatically.
Certain procedural steps must be taken to formally terminate a case, which increases the risk of arrest and pre-trial detention – or of being targeted under a different pretext.
The regime wants to send a message: Time changes nothing, and dissent – in any form – will be punished, even years later.
“Recent pardons should not create the illusion that the Lukashenka regime is softening its stance”, Leanid Marozau emphasizes. “According to the Viasna Human Rights Center, the number of newly imprisoned political prisoners exceeds the number of those pardoned. Since January 18, 105 people were released, while 157 new political prisoners were recognized. The statute of limitations is not a guarantee of safety. To protect yourself from persecution, remain cautious and clearly understand the risks”.
