The capital of Belarus, Minsk, Victory Square. Belarus: UN experts alarmed by widespread use of absentee trials Human Rights
A group of independent human rights experts on Tuesday expressed concern about the proliferation of trials in absentia in Belarus that fail to respect basic fair trial guarantees. Such trials, the experts say, can lead to long prison terms, deprivation of property and housing, or even the death penalty.
“We have received numerous reports of individuals who have been tried in absentia in Belarus and who learned of these proceedings by chance. They are unaware of the charges against them and are completely deprived of legal protection,” ̶ the experts said, noting that some of these individuals have made unsuccessful attempts to request remote participation in the trial or to obtain copies of the verdicts.
“Belarus’ legislation on trials in absentia ignores the fundamental guarantees of a fair trial provided by the International Covenant on Civil and Political Rights, ratified by Belarus,” experts said, calling on Belarus to comply with its international obligations.
According to civil society, the number of criminal cases in absentia brought in Belarus against Belarusian citizens living abroad increased sharply in 2024. Such cases were reportedly brought against 110 people, while in 2023 there were 18.
The experts noted that the large-scale campaign of repression launched by the Belarusian government after the 2020 presidential elections against people associated or perceived to be associated with the political opposition has forced many Belarusians to leave the country. “Nevertheless, the Belarusian authorities continue to take measures against these people even in exile,” they said, recalling a 2023 presidential decree that stopped consular services from issuing identity cards and travel documents to Belarusians living abroad.
According to available information, more than 100 people have been convicted under this procedure in Belarus since the introduction of absentee proceedings in 2022. Among those convicted are representatives of the political opposition, civil society activists and human rights defenders.
Individuals prosecuted in absentia are not notified of their trial, have no right to choose their own defense counsel, or participate in the trial remotely, and cannot receive copies of case materials, procedural documents, or court decisions. These materials are provided only to state-appointed defense lawyers, who are not legally required to communicate with their clients and generally refuse to do so. Court decisions are not made public, and only summaries of the verdict are published on government websites that are inaccessible from outside the country.
“Sentences in absentia inevitably result in violations of various human rights, including, among others, the right not to be arbitrarily detained, the right to a fair trial, the right to freedom of expression, and, in the case of Belarus, often the right to housing and an adequate standard of living,” the experts said.
Sentences handed down in absentia in Belarus include lengthy prison terms and large fines. In addition, the legislation allows for the imposition of death sentences without due process, including for offenses that do not meet the threshold for the most serious crimes, and for the stripping of Belarusian citizenship from those convicted on “extremist” charges, the experts noted.
Special Rapporteurs are part of the so-called Special Procedures of the Human Rights Council. They are not UN staff and are independent of any government or organization. They serve in their personal capacity and do not receive a salary for their work.