Source:                       www.forum18.org

Date:                            January 16, 2025

 


https://www.forum18.org/archive.php?article_id=2952
By Felix Corley, Forum 18, and Olga Glace, Forum 18

Inmates the prison authorities have deemed "low status" are refused access
to the limited religious services held by the Orthodox and Catholic
Churches in prisons, a former political prisoner and Orthodox Christian
Vadim Yermashuk told Forum 18. He was held in Labour Camp No. 2 in Bobruisk
in Mogilev Region from March 2022 to June 2024. "Not once in all that time
was I allowed to attend services in church. When my brother died I was not
even allowed to go to light a candle for him."

Another former prisoner of the camp, Yahor Martsinovich, noted in October
2023 that "not much can shock me", but that "he still can't comprehend" why
"low status" prisoners were banned from attending the camp's Orthodox
church (see below).

Prisoners with "low status" – a category not officially acknowledged -
includes some of those convicted of sex crimes (but not murderers) and a
few political prisoners. They are shunned by other prisoners, given menial
and degrading tasks, and are often insulted by staff and other prisoners.
Yermashuk said about 5 per cent of inmates at Labour Camp No. 2 – more
than 100 prisoners – were in this category when he was there. Many wanted
to attend church, he added (see below).

Despite his "low status", Yermashuk attended Baptist meetings for worship
in the camp. These were held not in the chapel but in an office made
available to them and led by a visiting pastor. "However, it was bad for
them afterwards," he told Forum 18. "The prison administration then banned
the pastor from visiting the prison" (see below).

Each time Forum 18 called any of the numbers at Labour Camp No. 2 in
Bobruisk, the lines appeared to be diverted to fax machines (see below).

In 2023, the administration of the women's Labour Camp No. 4 in Gomel
banned some inmates – including political prisoners - from attending the
church in the prison. The administration of Labour Camp No. 17 in Shklov in
Mogilev Region banned a political prisoner from attending the prison's
Orthodox church. In 2023, the prison administration of Labour Camp No. 15
in Mogilev banned political prisoner Denis Ivashin from attending the
church in the camp (see below).

A Catholic held in Investigation Prison twice requested a visit from a
Catholic priest. The reply she received stated that a visit by a priest "is
not envisaged", as such requests can be submitted only after an individual
has been sentenced. The prison administration also banned her from
attending the prison's Orthodox church (see below).

The new building of Investigation Prison No. 1 in Minsk – opened in April
2024 – now contains an Orthodox church. The head of the Orthodox Church's
prison department Fr Georgy Lopukhov held the first service there on 25
December 2024. "However, traditionally only prisoners from the works
detachment are allowed to attend services," the Mayday team from the human
rights group Viasna in Mogilev noted (see below).

While held at Open Prison No. 46 in Krugloye in Mogilev Region, a police
officer refused political prisoner Sergei Vasilyev's request to be allowed
to visit the local Catholic church for Mass. The officer claimed that
Catholic churches "are not on the list of places that prisoners are allowed
to visit" (see below).

Regina Lavor, a Catholic from Ivye in Grodno Region serving a restricted
freedom sentence at home between 2021 and 2023, was allowed to leave her
home for only two hours a day and was prohibited from attending church (see
below).

Jailed philosopher and Protestant political prisoner Vladimir Matskevich
has not once had a visit from a pastor since his 2021 arrest. He would like
such a visit, but "knows it is not realistic", his former wife told Forum
18. "He doesn't want to submit a request for a visit from a pastor as he
understands that it wouldn't be fulfilled. Any such request angers the
prison administration." United Nations human rights mechanisms asked the
regime about the denial of permission for pastors to visit Matskevich in
2022. The regime's response did not explain why the visits were denied (see
below).

A Protestant in Minsk admitted that the regime has reduced Protestant
Churches' access to prisons. "We used to visit more prisons but now there's
only one facility left," he told Forum 18. "Another in Volkhovysk is
assigned to Baptists." He did not explain why his Church is allowed to
visit only one prison when their website indicates that they visit ten.
"Belarus is an Orthodox country and Orthodox priests have more access" (see
below).

No official at the Department for the Implementation of Punishments of the
Interior Ministry in Minsk was prepared to discuss the violations of
prisoners' rights to freedom of religion or belief with Forum 18 on 15
January. Forum 18 asked in writing the same day why, despite rights
enshrined both in law and in international human rights commitments, many
prisoners:

- are denied religious literature or objects;

- are denied meetings with clergy of their choice;

- and denied the possibility of attending prison meetings for worship.

Forum 18 had received no reply by the end of the working day in Minsk of 16
January.

Longstanding violations of prisoners' rights to freedom of religion or
belief

Such violations of prisoners' rights to freedom of religion or belief –
particularly for political prisoners - are longstanding
(https://www.forum18.org/archive.php?article_id=2696). As of 16 January,
Viasna (Spring) human rights group recognises 1,245 people as political
prisoners (https://prisoners.spring96.org/en).

A 4 October 2023 survey
(https://belarus2020.churchby.info/ushhemlenie-svobody-religii-v-otnoshenii-zaklyuchennyh-soderzhashhihsya-pod-strazhej-zaderzhannyh-i-arestovannyh/)
by the Christian Vision group (which documents violations of freedom of
religion or belief and other human rights, and whose social media sites and
logo the regime has declared to be "extremist"
(https://www.forum18.org/archive.php?article_id=2874)) noted five main
areas of concern:

- forcible seizure of religious items;

- difficulties accessing religious literature;

- difficulties subscribing to religious publications;

- difficulties over pastoral visits to pre-trial prisoners;

- and obstructions to religious life of sentenced prisoners.

Denials of clergy visits are in violation of the UN Standard Minimum Rules
for the Treatment of Prisoners (known as the Mandela Rules, A/C.3/70/L.3
(https://www.unodc.org/documents/justice-and-prison-reform/GA-RESOLUTION/E_ebook.pdf)).
Rule 65 includes the provision: "Access to a qualified representative of
any religion shall not be refused to any prisoner."

Denials of access to worship meetings and religious literature are also in
violation of the UN Standard Minimum Rules for the Treatment of Prisoners.
Rule 66 declares: "So far as practicable, every prisoner shall be allowed
to satisfy the needs of his or her religious life by attending the services
provided in the prison and having in his or her possession the books of
religious observance and instruction of his or her denomination."

"Low status" prisoners denied entry to prison churches

Inmates the prison authorities have deemed "low status" are refused access
to the limited religious services held by the Orthodox and Catholic
Churches in prisons, a former political prisoner and Orthodox Christian
Vadim Yermashuk (https://prisoners.spring96.org/en/person/vadzim-ermaszuk)
told Forum 18 on 13 January.

The regime arrested Yermashuk in August 2021. On 21 December 2021, Shuchin
District Court jailed him for three years.

Yermashuk was held in Labour Camp No. 2 in Bobruisk in Mogilev Region from
March 2022 to June 2024. "Not once in all that time was I allowed to attend
services in church," he told Forum 18. "When my brother died I was not even
allowed to go to light a candle for him."

Yermashuk was also banned from getting holy water from the Orthodox priest.
He had been able to do so while in Investigation Prison before his trial,
he said.

Prisoners with "low status" – a category not officially acknowledged -
includes some of those convicted of sex crimes (but not murderers) and a
few political prisoners. "The category is the decision of the prison
leadership – they could change it," Yermashuk told Forum 18.

"Low status" prisoners are shunned by other prisoners and are not even
allowed to shake hands with them. They have the most uncomfortable places
to sleep in crowded cells and have to sit at meals and wash separately.
They are given menial and degrading tasks, and are often insulted by staff
and other prisoners.

Yermashuk said about 5 per cent of inmates at Labour Camp No. 2 – more
than 100 prisoners – were in this category. "Many of these wanted to
attend church," he told Forum 18. "Murderers and those jailed for
corruption could go to church, but not us."

Despite his "low status", Yermashuk attended Baptist meetings for worship
as Baptists welcomed any prisoners. These were held not in the chapel but
in an office made available to them and led by a visiting pastor. "However,
it was bad for them afterwards," he told Forum 18. "The prison
administration then banned the pastor from visiting the prison." The
Baptists continued to meet for worship but without a pastor.

Another former prisoner of Labour Camp No. 2 was the journalist Yahor
Martsinovich (https://prisoners.spring96.org/en/person/jahor-marcinovicz).
The regime arrested him in July 2021. On 15 March 2022, a Minsk court
jailed him for two and a half years for "damaging property". The regime
transferred him to Labour Camp No. 2 in Bobruisk in June 2022. He was freed
from there on 18 August 2023.

Martsinovich noted on Facebook on 4 October 2023 that "not much can shock
me", but that "he still can't comprehend" why "low status" prisoners were
banned from attending the camp's Orthodox church. "Well, according to your
own philosophy, God loves everyone, doesn't he?" he asked rhetorically. He
noted that Baptist meetings for worship in the camp were open to all.

Yermashuk said that neither Orthodox nor Catholic priests were known to
have objected to the bans on "low status" prisoners attending meetings for
worship in Labour Camp No. 2.

Each time Forum 18 called any of the numbers at Labour Camp No. 2 in
Bobruisk on 15 January, the lines appeared to be diverted to fax machines.

Religious freedom of political prisoners restricted

Prison administrations also restrict the right to freedom of religion or
belief of those jailed for opposing the regime on political grounds. Many
are refused permission to attend the limited meetings for worship allowed
in prisons, prevented from meeting priests or other religious leaders, and
denied access to religious literature of their choice.

"Catholic priests visit prisons, but can't visit political prisoners," a
Catholic priest who asked not to be identified told Forum 18 on 14 January.
"Prison administrations tell the priest that the prisoners don't want a
visit, while the prison administrations tell the prisoners the priest
hasn't visited," the priest added. "All this is done verbally with nothing
in writing."

In spring 2023, the administration of the women's Labour Camp No. 4 in
Gomel banned some inmates – including political prisoners - from
attending the church in the prison, the human rights group Viasna noted on
Telegram on 17 April 2023 (https://t.me/prisoners_spring96/2661).

The administration of Labour Camp No. 17 in Shklov in Mogilev Region banned
a political prisoner from attending the prison's Orthodox church, Christian
Vision learnt in September 2023
(https://belarus2020.churchby.info/ushhemlenie-svobody-religii-v-otnoshenii-zaklyuchennyh-soderzhashhihsya-pod-strazhej-zaderzhannyh-i-arestovannyh/).

The regime arrested the journalist Denis Ivashin
(https://prisoners.spring96.org/en/person/dzianis-ivashyn) on 12 March
2021. On 21 February 2022, Grodno's Lenin District Court jailed him for 13
years and one month. He was initially held in Investigation Prison in
Grodno before being transferred to Labour Camp No. 15 in Mogilev in January
2023 to serve his sentence. In June 2023 he was transferred to Prison No. 8
in Zhodino, where he remains.

In 2023, the prison administration in Labour Camp No. 15 in Mogilev banned
Ivashin from attending the church in the camp, his family noted on Telegram
on 15 October 2023 (https://t.me/dzianisivashyn/1684). Relatives were later
able to hand over a prayer book for him.

Clergy meetings, church visits banned in Investigation Prison

Those held in Investigation Prisons – sometimes for many months – are
often denied access to meetings for worship, clergy visits and religious
literature of their choice. Those arrested for political activity face the
greatest restrictions.

The regime arrested the journalist Denis Ivashin
(https://prisoners.spring96.org/en/person/dzianis-ivashyn) on 12 March
2021. On 21 February 2022, Grodno's Lenin District Court jailed him for 13
years and one month. He was initially held in Investigation Prison in
Grodno before being transferred to Mogilev in January 2023 to serve his
sentence. In June 2023 he was transferred to Prison No. 8 in Zhodino, where
he remains.

Ivashin repeatedly asked his family while he was in Grodno Investigation
Prison to send him a rosary. "In Grodno prison, when Denis was there,
officers fought with his prayer book, Bible, and rosary," his family noted.

"The first rosary was pulled out of his belongings by prison officers
without explanation during one of the searches in his cell," Ivashin's
family wrote on Telegram on 4 September 2023
(https://t.me/dzianisivashyn/1617). "After Denis complained and demanded
that the item be returned to him for prayers, the prison psychologist
mumbled something incomprehensible about the fact that this item was
similar to the rosaries used by experienced 'prisoners', that Denis's
possession of a rosary could cause... envy in other prisoners, which could
provoke conflicts." The rosary was handed back to his family after Ivashin
had been transferred to Mogilev in January 2023.

"The second rosary was taken from Denis again in Grodno by the transport
guards when he was being transferred for the announcement of the Supreme
Court's [20 December 2022] decision on his appeal. This rosary simply
disappeared."

The regime arrested a Catholic and placed her in pre-trial detention in an
Investigation Prison. As soon as she arrived there she wrote a request to
the prison governor to be allowed a meeting with a Catholic priest. After
it was refused she wrote a second similar request. The reply she received
stated that a visit by a priest "is not envisaged", as such requests can be
submitted only after an individual has been sentenced.

The prison administration also did not allow the Catholic to attend
services in the Orthodox church in the pre-trial detention centre, giving a
similar reason, she told the Catholic website Katolik.life for a 14 June
2024 article
(https://katolik.life/rus/news/sotsium/item/5407-byvalo-na-pyat-minut-proryvalas-messa-kak-vyglyadit-religioznaya-zhizn-v-tyurme.html),
after she had been freed. The website did not identify her or the place
where she was held.

The Catholic noted that on occasion she was able to hear parts at least of
the Catholic Mass broadcast on state radio from the Cathedral in Minsk on
Sunday mornings, if inspections had been completed by then. She added that
friends were able to send her the Gospel readings from Sunday Mass they had
written out by hand.

(In July 2024, the Information Ministry blocked access to Katolik.life
website in Belarus. On 30 August 2024, Myadel District Court in Minsk
Region declared Katolik.life's Telegram channel "extremist".)

The new building of Investigation Prison No. 1 in Minsk – opened in April
2024 – now contains an Orthodox church. The head of the Orthodox Church's
prison department Fr Georgy Lopukhov held the first service there on 25
December 2024. "However, traditionally only prisoners from the works
detachment are allowed to attend services," the Mayday team from the human
rights group Viasna in Mogilev noted on Telegram on 30 December
(https://t.me/MAYDAYMog/4726).

Open prison inmate banned from attending local church

Human rights defenders told Forum 18 in July 2021
(https://www.forum18.org/archive.php?article_id=2672) that prisoners in
open prisons can generally visit nearby places of worship if they wish to
in non-working time.

The regime arrested Sergei Vasilyev
(https://prisoners.spring96.org/en/person/sjarhei-vasileu), a Catholic from
Miory in Vitebsk Region, on 26 August 2021. That year a court sentenced him
to three years in an open prison for "slandering" Aleksandr Lukashenko. On
28 December 2021, the regime took him to Open Prison No. 46 in Krugloye in
Mogilev Region. He was freed from there on 3 March 2024.

While held at the Open Prison, police Lieutenant Colonel Igor Ivitsky
refused Vasilyev's request to be allowed to visit the local Catholic church
for Mass. Ivitsky claimed that Catholic churches "are not on the list of
places that prisoners are allowed to visit", Christian Vision learnt in
February 2023
(https://belarus2020.churchby.info/ushhemlenie-svobody-religii-v-otnoshenii-zaklyuchennyh-soderzhashhihsya-pod-strazhej-zaderzhannyh-i-arestovannyh/).

Attending places of worship banned for those on restricted freedom
sentences

Restricted freedom sentences (popularly known as "home disinfection") are
served at home. Individuals are confined to their homes with the exception
of a short period each day. However, the regime has banned some political
prisoners serving restricted freedom sentences from using the time they are
allowed outside the home to attend places of worship.

The regime arrested Regina Lavor
(https://prisoners.spring96.org/en/person/rehina-lavor), a Catholic from
Ivye in Grodno Region, on 18 February 2021. On 16 September 2021, Ivye
District Court sentenced her to two years' restricted freedom for
"insulting officials". She was allowed to leave her home for only two hours
a day and was prohibited from attending church, she told Belarus Solidarity
Foundation BYSOL in May 2023. She left Belarus in April 2023.

No regime response to UN concern about political prisoner's denial of
clergy visit

Seven United Nations human rights mandates – including the Working Group
on Arbitrary Detention - raised concerns with the regime on 25 February
2022 (BLR 2/2022
(https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27117))
about the treatment of political prisoners, including philosopher and
Protestant Vladimir Matskevich
(https://prisoners.spring96.org/en/person/uladzimir-mackevicz). The regime
arrested him on 4 August 2021 and held him in Investigation Prison No. 1 in
Minsk. On 23 June 2022, a closed hearing at Minsk Regional Court jailed him
for five years on a range of charges. In February 2023 he was transferred
to serve his sentence in Prison No. 4 in Mogilev.

In February 2022, while in pre-trial detention in Investigation Prison No.
1 in Minsk, Matskevich went on a two-week hunger strike to protest against
his conditions, including the denial of access to a pastor. Prison
authorities refused a visit by both Pastor Vyacheslav Goncharenko of
Minsk's New Life Church and Sergei Udalyov of Mogilev's Reformed Church, as
it did not have state registration, Christian Vision noted on 4 October
2023
(https://belarus2020.churchby.info/ushhemlenie-svobody-religii-v-otnoshenii-zaklyuchennyh-soderzhashhihsya-pod-strazhej-zaderzhannyh-i-arestovannyh/).

(In June 2023, officials bulldozed Minsk's New Life's church building
(https://www.forum18.org/archive.php?article_id=2841). The Supreme Court in
Minsk upheld the liquidation of the Church in December 2023
(https://www.forum18.org/archive.php?article_id=2883).)

The UN mandates raised concerns in February 2022 about Matskevich's
treatment, including about the "impossibility for him to see a protestant
priest". They noted that his demand to see a Protestant pastor "was made
unfulfillable by the Belarusian authorities in so far as the requirement
for a priest to produce legal documents confirming his affiliation with a
registered religious organization is hard to fulfill and Belarusian
protestant organizations and congregations have been denied registration
and are themselves subjected to various forms of repression".

The UN mandates noted that such denials of clergy visits violate the UN
Standard Minimum Rules for the Treatment of Prisoners (known as the Mandela
Rules, A/C.3/70/L.3
(https://www.unodc.org/documents/justice-and-prison-reform/GA-RESOLUTION/E_ebook.pdf)).

"Regrettably, no response has been provided to this communication," the UN
mandates noted in a 23 October 2024 follow-up message (BLR 6/2024
(https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=29439)).

The regime did then respond to the UN on 20 December 2024. However, it did
not explain why the Investigation Prison denied Matskevich a visit from a
pastor.

Matskevich's former wife Svetlana says he has not once had a visit from a
pastor since his 2021 arrest. She said he would like such a visit, but
"knows it is not realistic". "He doesn't want to submit a request for a
visit from a pastor as he understands that it wouldn't be fulfilled," she
told Forum 18 from Poland on 16 January. "Any such request angers the
prison administration."

"Belarus is an Orthodox country and Orthodox priests have more access"

Only clergy of registered religious organisations are allowed to visit
prisons. Many prisons have Orthodox chapels and some also provide more
limited facilities for Catholics. Protestants are allowed occasional visits
to some prisons.

The Orthodox Church established a synodal department for its prison
ministry in 1994, which works closely with the Department for the
Implementation of Punishments of the Interior Ministry. The regime has
established chapels for the Orthodox Church in many prisons and its priests
have greater access than leaders of other faiths.

"Catholic priests have much more limited possibilities in prisons compared
with the Orthodox," a Catholic priest who did not want to be identified
told Forum 18.

A Protestant representative from Minsk has been visiting strict regime
Labour Camp No. 14 in Novosady in Minsk Region twice a week for seven
years, most recently in December 2024. The camp holds 1,760 prisoners.

"My worship meetings are attended by 100 people," the Protestant told Forum
18 from Minsk on 15 January. "I cannot say that inmates are obstructed from
this. Everyone comes if they want to." He said he brings religious
literature and small parcels for the prisoners. "We'll resume the visits in
February."

The Protestant admitted that the regime has reduced Protestant Churches'
access to prisons. "We used to visit more prisons but now there's only one
facility left," he told Forum 18. "Another in Volkhovysk is assigned to
Baptists." He did not explain why his Church is allowed to visit only one
prison when the Church website indicates that they visit ten.

"Belarus is an Orthodox country and Orthodox priests have more access," the
Protestant noted.

Prisoners' freedom of religion or belief in Belarusian law

Article 12 of the Criminal Enforcement Code guarantees prisoners serving
sentences freedom of religious belief, where prisoners "are allowed
individually or with other prisoners" to profess, express and share any
faith "and participate in carrying out religious worship, rituals and rites
not banned in law". They are also allowed to have and use religious objects
and literature.

However, Article 12 restricts the ability to exercise this freedom by this
statement: "In conducting religious worship, rituals and rites, the Rules
for internal order of prisons or the rights of others who have been
sentenced must not be violated."

Under Article 174 of the Criminal Enforcement Code, prisoners sentenced to
death are allowed visits from a priest. However, against the UN Standard
Minimum Rules for the Treatment of Prisoners (known as the Mandela Rules,
A/C.3/70/L.3
(https://www.unodc.org/documents/justice-and-prison-reform/GA-RESOLUTION/E_ebook.pdf)),
such prisoners may not be granted pastoral visits they request
(https://www.forum18.org/archive.php?article_id=2612). Death-row prisoners
are informed of their executions only minutes beforehand, making final
meetings with families and others such as clergy impossible.

Paragraphs 116 and 117 of Interior Ministry Decree of 13 January 2004 (most
recently amended on 15 August 2024) on the rules for Investigation Prisons,
and a similar Interior Ministry Decree of 30 November 2016 (most recently
amended on 10 March 2023) related to Temporary Detention Centres, make
provision for prisoners on remand to have religious literature and other
objects, as well as receive visits from clergy.

"Persons on remand are allowed to have with them and use religious
literature, objects of religious cult for individual use for body or pocket
wear, except for piercing and cutting objects, items made of precious
metals, stones or of cultural and historical value," declares Paragraph 116
of the 2004 Interior Ministry Decree.

"In order to provide spiritual assistance to persons on remand, at their
request and with the permission of the body conducting the criminal
proceedings, it is allowed to invite representatives of religious
denominations registered in the Republic of Belarus to the pre-trial
detention centre. The services of the ministers of religious confessions
are paid at the expense of the persons who are held on remand," declares
Paragraph 117.

However, the 30 June 2021 amendment to the Interior Ministry Decree of 13
January 2004 stripped those held in Investigation Prison of the right to
subscribe to newspapers and magazines. This deprived them of the right to
subscribe to any religious publications.

Rules for prisoners serving sentences in prisons (as set out in a 20
October 2000 Interior Ministry Decree, most recently amended on 2 July
2024) and in open prisons (as set out in a 13 January 2017 Interior
Ministry Decree, most recently amended on 23 December 2024) note that
prisons can have places of worship. However, the rules contain no
guarantees of freedom of religion or belief for prisoners. (END)

More reports on freedom of thought, conscience and belief in Belarus
(https://www.forum18.org/archive.php?country=16)

For background information, see Forum 18's Belarus religious freedom survey
(https://www.forum18.org/archive.php?article_id=2806)

Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.forum18.org/archive.php?article_id=1351)

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