Last week, a former member of the Belarusian military Special Operations Forces Reserve (SOBR) known as Yuri Harauski was acquitted in a groundbreaking Swiss trial related to charges of enforced disappearance. The decision was made by the District Court of Rorschach in Switzerland, where Harauski sought asylum in 2019, fearing for his life due to his alleged involvement in the assassinations of three prominent political foes of Belarusian president Alexander Lukashenko in 1991.
This two-day trial is significant on several levels. Not only is it the first enforced disappearance case to be brought before a Swiss court in compliance with the Swiss Criminal Code, but it marks the first time a Belarusian national has been prosecuted under Art 185bis universal jurisdiction.
The case was presented with the backing of the victims’ families and three human rights organizations: The International Federation for Human Rights (FIDH), TRIAL International, and Viasna. These groups lamented that multiple efforts to uncover information about the missing individuals were stonewalled by Belarusian law enforcement, who reportedly ‘refused to prosecute perpetrators and hold them accountable’ as per their statements in a press release.
In 2021, the Committee on Enforced Disappearances confirmed Switzerland’s commitment to implementing and promoting the International Convention for the Protection of All Persons from Enforced Disappearance. Despite this commitment, until the Harauski trial, no relevant cases had been heard in the Swiss courts. In welcoming the decision to try Harauski, the United Nations Office of the High Commissioner stressed the obligations of Switzerland under Article 14 of the Declaration on Protection of All Persons from Enforced Disappearance.
Harauski admitted publicly to his role in the disappearance and presumed murders of Yury Zakharenka, Viktar Hanchar, and Anatoly Krasouski. The court, however, determined that despite the likelihood of his involvement, the evidence was insufficient to establish guilt beyond a reasonable doubt.
In response to the verdict, TRIAL International, International Federation for Human Rights, and Viasna shared a joint statement, expressing disappointment but acknowledging the trial’s historical significance. The organizations noted that the families of the missing individuals continue to endure uncertainty about their loved ones’ fate, even 34 years after the events. They also did not rule out the possibility of the prosecutor appealing the verdict.
The complete story is available at jurist.org
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