2010 30/03
Інструмэнт правасудзьдзя?

Instrument of justice ... ?!

On 29.03.2010 Minsk regional court dismissed the complain of the Lapitskies about judicial decision of Zhodzina court of 11.02.2010.

Judge Dalidovich wasn’t at all interested in argumentation of Cassation appeal… It seemed that she was personally worried by “incorrect Belarusian language” of the applicants… !??

On 29.03.2010 the Assembly of judges of Minsk regional court which consisted of judge Dalidovich as a head judge, returning officer and judge Vaynila (the last name of the third judge isn’t cleared up yet) dismissed Cassation appeal of Yan Lapitsky’s parents in which they claimed to falsify a judgment of the first instance of 11.02.2010 in which Zhodzina court denied trying their appeal of 28.12.2009. Zhodzina court re-characterized statement of claim about renewing their rights for education into a complaint about actions of officials and decision of executive committee #928 with the further use of restriction for appeal about defending violated rights in the first instance.

A.Лапіцкі

A. Lapicki

Aliaksiey Lapitsky, the participant of the court trial states that the trial started and went on in a not quite juridical but a cold-shoulder atmosphere which was created by the head judge Dalidovich. She has totally ignored the rights of the applicants to conduct the case in the court of Belarusian capital in Belarusian language. The judge has also offended national honor and dignity of the participants of the trial by telling pretensions about the level of Belarusian language of the applicants and their juridical rights.

Furthermore, the chairman of the Assembly of judges of Minsk regional court, judge Dalidovich noted that there are two state languages in Belarus. That’s why she would conduct the case in Russian, all the more Aliaksiey Lapitsky spoke and wrote not in a “clear Belarusian”. Together with this the judge paid attention to a wrong (in her opinion) spelling in the claims of the applicants and instead of speaking to the point she started clearing up what spelling it is… (!?)

The report of judge Vaynila which was in Belarusian (because the case papers were all in Belarusian) by his characterization, accents and lack of mentioning about the facts of gross violations of procedural legislation in Zhodzina court, immediately showed the position of the reporter which was aimed to deny the appeal of the applicants. Moreover the content of an additional cassation appeal (by) together with obstacles hereof weren’t mentioned at all. The judge only noted that one more appeal is attached to the claim and showed a document with an envelope.

Later, instead of providing applicants an opportunity to express their position and arguments freely, Judge Dalidovich as an answer to the report started a “third degree” interrogation. After she got the answer from Sviatlana Lapitskaya the judge started convincing the applicant that her position was wrong. Alaksiey Lapitsky wasn’t given floor to.

Aliaksiey Lapitsky:
-I have never seen such an inadequate and negative pressure upon applicants from judges during a court trial before. A trial must be at least objective and fair. The matter is that when I finally was given permission from the head judge to make a report and to speak at all, in several phrases I was interrupted by the returning officer himself.

My request about having the possibility to continue presentation of our position and arguments in court didn’t get positive reaction from judge Vaynila. He insisted on answering his questions and completely interrupted my speech. It looked like nobody wanted to hear the applicants at all and that the juridical assembly had an already prepared final decision on Cassation appeal which couldn’t be corrected. It also looked like the position of the applicants who described gross purposeful violations of the trial procedure and manipulation with important service documents of the documents of the case was treated by the judges of juridical assembly of Minsk regional court as their private problems.

The trial stopped unexpected and in an offensive manner, the same as it started…

С.Лапіцкая

S.Lapickaja

Sviatlana Lapitskaya:
-They didn’t let Aliaksiey finish presentation of our arguments and even answer one of the questions asked by judge Vaynila. It’s my first time in Cassation instance and I’m surprised by impudence which we saw here in Minsk. When Aliaksiey asked Vaynila not to interrupt his and to let him finish his speech, the judge replied: “You will finish elsewhere”. I think this exaggeratedly offensive and rude behavior and treatment of the applicants during the trial isn’t acceptable. How can an objective decision on an appeal be pronounced when judges show disrespect to participants of the trial and to their procedural and civil rights and they also openly offend honor and dignity?!

Before delivering a negative decision on the appeal, judges of Minsk regional court disappeared behind doors for 2 minutes and after this they read aloud the court decision which was prepared and printed in advance (there was no computer in the court room).

On fact of the mentioned farce and actions of the Assembly of judges of Minsk regional court which humiliate human dignity, the applicants made another application and put it into the complaint book right in the chamber of the chairman of Minsk regional court V. Krayko.

P.S.
Before reviewing of the case in the Cassation instance the applicants didn’t get any proper answers to their appeals about the facts of disappearing of important procedural document and falsification of the protocol of court session. They still didn’t get any answers neither from Zhodzina court nor from Justice Department of Minsk executive committee. Assembly of judges of Minsk regional court refused to react in a proper way on these extraordinary violations of procedure of court session. The decision of court was done without a proper study of the position of the applicants about the appeal (they just weren’t given an opportunity to speak out and answer questions in Minsk regional court) and without taking into account procedural violations which happened in the first instance in Zhodzina court.

ADDITION:

Record in the Complaint book of Minsk regional court

Пратэст у Менаблсудзе

Protest in Minsk regional court

Ales Volny
Belarusian HUMAN RIGHTS PORTAL
by.prava-by.info

Leave a Reply

Your email address will not be published. Required fields are marked *


*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>