From 3.5 to 6.5 Years in Penal Colony — Sentences Passed on Four Political Prisoners in the Case of Hacking the Computer System of Minsk City Executive Committee

The trial under six articles of the Criminal Code — Part 1 Art. 350 (Modification of computer information), Art. 352 (Unlawful possession of computer information), Part 1 Art. 354 (Use of malicious computer programs), Part 1 Art. 342 (Active participation in group actions that grossly violate public order), Art. 341 (Damage to property in public places), Part 1 Art. 13, Part 2 Art. 293 (Preparation for participation in mass riots) — lasted two months in a closed session. The political prisoners have been held behind bars for almost 18 months. Judge Zhanna Khvoynitskaya decided to hear the case in a closed session because "the materials of the criminal case contain information constituting a state secret," human rights defenders report.

The 32-year-old founder and member of the Council of the public movement "Dzieja", Kim Samusenka, was detained on November 3, 2020, on suspicion of hacking the computer system of the Minsk City Executive Committee (Part 2 Art. 349 of the Criminal Code) and actions that grossly violate public order in Minsk from August 9 (Part 1 Art. 342 of the Criminal Code). After a harsh search, which was accompanied by shots fired inside the house and the use of physical force, security forces seized all of Kim and his wife's equipment, registered hunting weapons, money, a white-red-white flag, a Ukrainian flag, his wife's Ukrainian passport, and other items. Two days later, Kim's brother, 33-year-old Aliaksei Samusenka, was also detained. He is an economist who worked in a network of firms manufacturing plastic products.

Also sentenced in this case were 35-year-olds Pavel Drazd and Ivan Andrushoyts. More than four months into his imprisonment, Ivan married his girlfriend Sofia in the pre-trial detention center.

According to the prosecution's version, «during nighttime in October and November 2020, a 35-year-old man, located on the technical floor of a building on Prytytskaha Street in Minsk, using computer technology, by violating the protection system and employing malicious software, gained unauthorized access to information stored in the computer network of the Minsk City Executive Committee. As a result of these actions, the defendant obtained recordings from surveillance cameras installed in the capital, with the aim of subsequent publication on various internet resources, including destructive and extremist Telegram channels.

According to the materials of the criminal case, the accused, using malicious software, gained access to the computer systems of KUP "CIT Mingorispolkoma" and GUVD Mingorispolkoma, which led to a disruption in the normal operation of enterprises and state bodies.

During the investigation of the criminal case, it was clearly established that all the men systematically participated in unauthorized mass events that took place in Minsk from August to November 2020, involving road blockades and disobedience to the lawful demands of authorities. The investigation recorded 10 instances of their participation."

During the searches, material evidence was seized, including registered firearms "Tiger," "Saiga-MK," "IZH-54," ammunition, a bulletproof vest, helmets, swords, radio stations with headsets for concealed wear, leaflets calling for a strike, and pyrotechnics.

The actions of the political prisoners were qualified under six articles of the Criminal Code of the Republic of Belarus:

• Part 1 Art. 342 (Active participation in group actions that grossly violate public order);
• Art. 341 (Damage to property in public places);
• Art. 13, Part 2 Art. 293 (Preparation for participation in mass riots);
• Art. 350 (Modification of computer information);
• Art. 352 (Unlawful possession of computer information);
• Art. 354 (Use of malicious computer programs).

Initially, a criminal case was opened against them under Part 2 Art. 349 of the Criminal Code of Belarus (Unauthorized access to computer information, committed by a group of persons by prior conspiracy for other personal gain), but it was dropped.

The trial was held in a closed session, the reason being — «the materials of the criminal case contain information constituting a state secret».

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