The practice of property confiscation has heightened in Belarus, being used as a tool of political repression under the disputed presidency of Alexander Lukashenka, according to reports filed by Belarusian law students at the European Humanities University. In particular, the case of Veranika Tsepkala, who revealed on Facebook that her flat is being auctioned, following her and her husband’s political exile, raised concern.
This new wave of repression dates back to the 2020 presidential elections in Belarus, which was followed by widespread protests and ensuing state repression. The scope of these repressive methods was expanded in 2022 with the implementation of changes to the Criminal Code, allowing for criminal proceedings to be initiated in the absence of the accused.
The issue of property confiscations was underscored with the Law of the Republic of Belarus “On the seizure of property” adopted on December 21, 2022. The adoption of this law was met with criticism over the manner in which it was enacted, violating standard procedural norms, including the lack of public debate and the delay in its official publication. The law itself facilitates political persecution for the state, impacting any citizen of Belarus, irrespective of their location.
The Belarusian regime justifies this law based on ‘public necessity’ and resolution of ‘existing threats to national interests under a regime of special restrictive measures’. However, the law’s vague definitions of terms such as ‘unfriendly actions’ and ‘public necessity’, grant the state unwarranted power to seize property rights, contributing to state revenue.
Notably, the legislation contravenes both national norms and international law principles. Despite Article 13 of the Constitution of the Republic of Belarus guaranteeing the right to property, this law constitutes a direct violation. The principle of the inviolability of private property, a fundamental principle dating back to Ancient Rome and enshrined in global human rights documents such as the Universal Declaration of Human Rights (Article 17), is breached by this law.
Several instances of this law being applied have been reported, despite the constitutional violation. Properties of politically active individuals have been auctioned, often below market price. However, the full extent of these confiscations remains unknown due to the lack of transparency in enforcement proceedings.
In conclusion, the adoption of this law visibly underscores the deteriorating legal situation in Belarus, with state confiscation of property emerging as an endemic tool of political repression.