3.2.3. Trials in absentia

In 2022, the law was amended to allow for special proceedings enabling criminal investigations and court trials to be conducted in absentia against Belarusian citizens living abroad.365 In February 2025, further legislative amendments expanded the scope of special proceedings to include charges frequently used for political prosecutions such as ‘discrediting the Republic of Belarus’ and ‘insulting an official.’366 The primary legal grounds for prosecution in absentia is residing outside the country and allegedly evading appearance before Belarusian investigative or judicial authorities.367 In March 2026, Human Constanta noted that the official ‘List of persons against whom special proceedings have been initiated’ includes the names of 169 individuals.368

The use of trials in absentia grew sharply from 18 trials in 2023 to 110 trials in 2024.369 In 2025, courts convicted in absentia at least 30 individuals.370 Trials in absentia are frequently used to prosecute opposition politicians and activists, human rights defenders, and journalists in exile.371 While trials in absentia are most actively used against high-profile opposition figures and activists – including Belarusian volunteers in Ukraine and representatives of solidarity funds – their application against non-public persons, who either participated in protests or posted critical comments online, has increased.372 The main charges for trials in absentia are usually related to extremism.373

According to Viasna, the authorities appear to strategically select certain cases for trials in absentia to create a deterrent effect, with factors such as property confiscation and financial penalties potentially influencing case selection.374 As further noted by the human rights specialist, the public mainly becomes aware of high-profile cases, as the authorities themselves publicise such cases, which does not exclude the possibility that less visible proceedings may also take place without wider public knowledge.375

Individuals tried in absentia are often not informed about the trial376 or proceedings and learn of charges only through human rights organisations or public sources,377 including public press releases from the KGB and the Ministry of Internal Affairs. Moreover, they are also not informed about the investigation of their cases and have no access to the case file.378 Law enforcement authorities may send case materials to a person’s registered address in Belarus or question their family residing at this address. Notification may also be delivered via a Belarusian phone number, via personal social media accounts, such as Instagram,379 or messaging applications such as Viber. However, such communication is ‘irregular and informal.’380 In addition, the Investigative Committee uses its official Telegram channels to announce such trials, which have become a primary source of this type of information since 2025.381

For court trials in absentia, defence lawyers are appointed by the state; however, in practice, such lawyers are prevented from contacting their clients. As a result, persons tried in absentia are unable to participate in a meaningful way in the proceedings against them.382 Trials in absentia generally take place behind closed doors.383 Convictions in criminal court cases tried in absentia are conducted in violation of basic fair trial guarantees384 and often result in heavy prison sentences and include seizure of property.385 Furthermore, these proceedings can facilitate the revocation of citizenship of persons in exile.386 At the same time, courts reject ‘attempts to contest those moves.’387