Pavel Latushka: Deputy Head of the United Transitional Cabinet of Belarus, Head of the National Anti-Crisis Management, Ambassador
In September 2022, with support from the National Anti-Crisis Management (NAM), three Belarusians who had experienced torture back in Belarus filed statements to initiate criminal cases against representatives of the Lukashenko regime's security apparatus, prison officials, and police officers responsible for torture.
The applications were submitted to the Polish prosecutor's office in accordance with the principles of universal jurisdiction. These actions are possible under the norms of the 1984 International Convention against Torture, to which both Poland and Belarus are parties.
After reviewing the victims' appeals, the prosecutor's office initially declined to initiate criminal cases, citing a lack of Polish jurisdiction over crimes committed in Belarus.
Since 2022, the NAM team has been collaborating with the law firm “Kopeć & Zaborowski”. During a meeting on May 28, 2024, with Polish lawyers, further steps to hold representatives of the Lukashenko regime accountable under universal jurisdiction were discussed. The law firm appealed the prosecutor's office's decision in court. This week, after considering the complaint, the Warsaw District Court ruled in favor of the Belarusians: it overturned the refusal to initiate criminal cases and returned the cases to the Polish prosecutor's office for further proceedings. The prosecutor now has not only the arguments presented by the NAU and the law firm but also the court's decision.
This represents a significant procedural step towards issuing arrest warrants and ultimately holding representatives of the Lukashenko regime accountable under universal jurisdiction.
As reported by the NAM, Poland issued six arrest warrants in 2023 for representatives of the regime: Yevgeni Shapestko and Gleb Dril (heads of the Akrestsina detention center), Dmitri Strebkov (head of the detention center in Zhodino), and Yevgeni Savich, Yulia Sokolova, and Karina Valuyskaya (department heads within the Ministry of Internal Affairs). In these cases, the basis for prosecution was the perpetration of torture against Polish citizens in Belarus.
It is important to acknowledge other international precedents. For example, the New York prosecutor's office opened a criminal case against two Belaeronavigation officials—General Director Leonid Churo and his deputy, Oleg Kaziuchits — as well as two KGB officers in connection with the hijacking and forced landing of a Ryanair civilian aircraft in Minsk.
On May 18, 2024, Pavel Latushka met with Adam Bodnar, the Polish Minister of Justice and Prosecutor General, to discuss holding representatives of the Lukashenko regime legally accountable. The Minister of Justice announced a reform of Polish legislation that “will influence the possibility of wider application of the principle of universal jurisdiction in Poland,” including in relation to those who commit crimes in Belarus.
“We expect that the Polish prosecutor's office will pave the way for legal proceedings against the regime's security forces responsible for torturing Belarusians and will issue warrants for their arrest. This could become an effective lever of pressure on representatives of the regime and Lukashenko himself. Those responsible for torture will be held accountable. The NAM team continues to work towards this goal,” stated Pavel Latushka.