Belgium`s reputation for its strange laws has become a legacy around the world. Many of their strange laws have to do with the advancement of technology. To name just one, a provision of a 1939 military code states that „beasts of burden (horses, oxen, dogs, etc.)” „for vehicles used by the army”. Always useful when your drone runs out of fuel. Crazy laws, weird bans, and ridiculous regulations – judging by online reviews, you just can`t get enough of it. They can make us all laugh or offer our hard-working lawyers a little extra pocket money – but dig deeper and they can reveal a lot about culture, politics and history. What exactly happened to make it illegal to own a single guinea pig? Why should lawmakers ban peeing in the ocean? Who thought it was credible to ban getting drunk in a pub? Or, for that matter, to prevent people from locking up burglars, running „violently,” driving dirty cars, or sleeping on a bench. With its centuries-old legal history and several different legal systems, Europe offers probably the craziest laws of all. Don`t believe us? Judge for yourself! In January 2021, police arrested Andrei Aliaksandrau, a high-profile journalist and online media worker who has written for a number of major domestic and foreign media organizations, and his partner Iryna Zlobina. The authorities charged them with article 342 of the Criminal Code (organization or preparation of acts that seriously violate or actively participate in public order) and article 243 of the Criminal Code (tax evasion). Aliaksandrau and Zlobina were accused of paying the fines of 250 protesters arrested on behalf of the „Civic Campaign #BY_help”, an independent crowdfunding platform (www.belarus97.pro/eng).9 The Belarusian Human Rights community has recognized Aliaksandrau and Zlobina as political prisoners. In June 2021, the government added an additional charge of high treason under Article 356, Part 1, of the Penal Code, which provides for a maximum sentence of 15 years in prison for Aliaksandrau.
The authorities accuse him of having participated in „the betrayal of the State secrets of the Republic of Belarus to a foreign State, an international or foreign organization or its representatives”. In early September 2021, the allegations against Aliaksandrau represented the harshest persecution of an online media worker by the government. Experts do not believe that the Lukashenko government has the resources to develop a Chinese-style „Great Firewall” through which it can exert control over content through technological means.24 Instead, it uses the Russian model – and has been somewhat of an inspiration to it – in which the state uses repressive laws and intimidation of major ICT companies and civil society. to control the information space. However, in light of the recent protests, President Lukashenko has called for stricter regulation of the Belarusian IT sector and adherence to China`s example of „building a digital society”. 25 „We are deceiving European citizens about what is happening here. We obscure your discussions. But we do not obscure strong laws. There is no garbage or graffiti. Cars don`t scream. There are laws against everything – walking, kicking on the grass, swearing or drinking alcohol in the streets, photographing government buildings.
Planned public gatherings of more than three people are prohibited without prior authorization. The same goes for applause – a form of protest that was adopted by the opposition in 2011. To prevent silent protests, there is even an Orwellian law prohibiting unauthorized „acting or inaction” in public places. Yes, you read that right: it is illegal to pee in the ocean in Portugal. Local laws are actually aimed at keeping family beaches, which means you don`t have to urinate when you jump. So if you swim in an exceptionally warm water area on a Portuguese beach, someone has broken the law! Not a word about the fact that someone has ever been fired for this, although we feel sorry for the work team whose job it is to bring in criminals. Budapest has a reputation for being a kind of massive red light district. This may have been true once, and the laws could be even more accommodating here. But when it comes to lights in Budapest, menstruation is serious: sex is only allowed if they are turned off! You can`t go down and get dirty when the light is on; not even at home with your spouse. Maybe they`re just trying to save electricity? Even after a divorce, the in-laws are still your family – even if the ink on your divorce papers has dried. In addition, it should be recalled that Belarus is a State party to the International Covenant on Civil and Political Rights (ICCPR) (1966), article 13 of which provides as follows: „An alien who is lawfully in the territory of a State Party to the present Covenant may be excluded from the present Covenant only on the basis of a decision taken in accordance with the law”.
As confirmed by the Human Rights Committee in its general comment No. 15, para. 10, the purpose of article 13 is to prevent arbitrary expulsions. Since the provision allows each person to have his or her case reviewed individually, „laws or decisions that provide for collective or mass expulsions” are not in conformity with this provision. The collective expulsion of migrants from Belarus therefore most likely also violates Article 13 of the ICCPR. A number of repressive laws provide for criminal penalties for legitimate online activities. Independent journalism, civil society activism, ordinary conversations and debates between users can lead to criminal charges if they criticize or are perceived as such by the authorities. When you live in Malta, whether you are a native or a foreigner, you sometimes forget that there are indeed laws. The next time you feel the sudden urge to walk down Republic Street in Valletta, think again. Because in Malta, it is a crime to run „violently” in every street or public space, with the risk of hurting others. Given the problem of obesity in Malta, future changes should perhaps make it a crime not to work.
Also in May 2021, the government blocked TUT.by`s domain portal, the country`s largest and most influential online news source (see B2 and C3). The Ministry of Information restricted access due to alleged violations of the Media Law, including the publication of documents from the unregistered Belarusian Solidarity Foundation (BYSOL), which financially supports people oppressed by the Belarusian government.6 At the time of its suspension, TUT.by had 3.3 million daily users in a country of about 9.5 million people.7 Earlier, in September 2020, the Ministry of Information TUT.by from 1 to 30 October. December 2020 suspended.8 The decision was taken after the Ministry of Information filed a lawsuit before the Economic Court against TUT.by claiming that the publication violated Articles 4 and 49 of the Media Act.