How a principled lawyer is portrayed as a criminal
On March 10, the trial of the well-known lawyer Alexander Danilevich begins in Minsk. His clients were representatives of strike committees and the Sports Solidarity Fund. Now he faces jail time for legal assistance. DW learned how Alexander feels about the prosecution, what he expects from the court and why the regime sends lawyers to prison.
Alexander Danilevich was detained in May 2022. Together with a small child, he was taken to the KGB. According to a DW source, initially Alexandre was hopeful that he would not go to criminal proceedings, he, as a lawyer, evaluated his actions and understood that he had not committed anything criminal, even by today’s repressive standards. However, it soon became clear that they decided to punish him for helping customers.
Here is how the General Prosecutor’s Office phrased it: Danilevich gave advice, instructions and provided information to Alexandra Gerasimena and Alexander Opeykin, who called for sanctions. The lawyer also prepared three appeals from representatives of the strike committees. According to the security forces, the text contained “deliberately false information about the country’s political, economic and social situation”.
Danilevich will be tried for complicity in requests for sanctions (part 6 of article 16 and part 3 of article 361 of the Criminal Code – imprisonment for a period of 2 to 5 years) and assistance to extremist activities (part 1 of article 361-4 of the Code Criminal – restriction of freedom up to 4 years or imprisonment from 2 to 6 years).
How Danilevich took up the criminal case
Alexander Danilevich was a well-known and successful lawyer: he represented clients in international commercial arbitration and was a laureate of professional awards. For over 20 years he has taught international law at the Belarusian State University. The problems started when Oleksandr signed a petition against the war in Ukraine. As he told reporters, the faculty administration demanded that he withdraw his signature. Danilevich understood what the consequences would be, but he did not give up his position. He was dismissed from Belarusian State University and the Minsk Bar Association imposed a disciplinary sanction.
For 20 years of work at the university, he did not have a single penalty, the contract with him was automatically extended, and when Alexander was detained, letters from grateful students scattered around the world rained down on him. “Sasha is a very smart person,” says her former colleague. “He devoted himself to science, worked in international arbitration, always positioned himself as a law-abiding citizen.”
Immediately after the arrest, searches were carried out at Alexandre’s home and office. And he realized that this was persecution for professional activities.
A few days later, another lawyer was detained – Vitaly Braginets, who defended the Nobel Prize Ales Byalyatsky. Like Danilevich, he was known for his principles, many colleagues admired them in their work.
When Alexander realized that he had been behind bars for a long time, he decided that his task was to save himself physically and mentally. In letters, he tries to joke and even support friends. While he is in prison, his mother died, he couldn’t say goodbye to her.
“He assesses the situation realistically, does not get his hopes up and understands that he will be given a decent sentence,” said a source who was with him at the pre-trial detention centre.
Lawyers are intimidated for being afraid to defend political prisoners
Since 2020, around a hundred lawyers have been deprived of the right to practice. First, their license was taken away from them, then they began to be thrown into prison.
“The Danilovich case is the first case in which a lawyer is shamelessly punished for his professional activities,” says Maxim Polovinko, an expert on the Right to Defense project. “He is accused of providing legal assistance to clients, that is, now writing documents and titles, which all lawyers do every day, the authorities call it a crime.”
This violates the basic standard – the lawyer is separate from the client, he cannot be held responsible for his actions and words. “Otherwise, what awaits us? Lawyers who defend those accused of corruption or murder will be tried for complicity in crime? This is not only contrary to the law, but also to common sense,” emphasizes Polovinko.
According to the interlocutor, the authorities thus show the lawyers that they are not protected by law and that at any time they can “fly”. “If you are not an internal item in court, get ready for a criminal case, this is the signal that comes from the authorities,” says Polovinko. According to him, both Danilevich and Braginets are known for their principled position and adherence to the law. They always convinced their colleagues that in any situation it is necessary to seek justice, to use all legal means.
“Braginets could explain to the employees of the Investigative Committee for two hours why he has the right to carry a phone with him – and he did it. Danilevich, despite pressure from the Belarusian State University and the Bar Association, refused to withdraw his signature on the anti-war petition. and sued the university. He knew what the decision would be. But it was important for him to fix all the violations, “says the expert.
So far, four lawyers have been sentenced in Belarus for political cases: Maksim Znak received 10 years in prison for his work at the Babariko headquarters, Vitaly Braginets was sentenced to 8 years for calling for sanctions, participating in protests, commenting on the forces of security and moderating a lawyer chat and Mikhail Makarov – one year in prison for participating in protests, Andrey Mochalov – two years of “chemistry” for using a lawyer’s certificate after losing his license. Five more defenders are known to be in the provisional detention center awaiting trial, all of whom have been recognized as political prisoners.
Source: DW
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