2010 20/03
Менаблвыканкам, Менск

Мinsk Region Executive Committee

Cassation considering of the complaint of Yanka Lapitsky’s parents about judgment of Zhodzina town court under date of 11.02.2010 (by) is set on 10-00, 29.03.2010.

This message came on 18.03.2010 after judge T.Trotsiuk refused to attach to the case report comments under 03.03.2010 (by). The applicants saw many inaccuracies in the protocol of juridical session.

It was composed with gross procedural irregularities and was set to consideration only on 26.02.2010 after filing the main cassation complaint under 22.02.2010. The irregularities were as follows: falsification and a real replacement of the position of the applicants ad sectum and manipulation of terms and conditions of court session.

This way the fact of attaching document, which a defendant party referred to, to the case disappeared from the protocol. It also disappeared from case documents in the period from 12.02.2010 (it was stated by a submitting party at the suit) to 26.02.2010, when the applicants were given an opportunity to read the protocol of court session for the first time.

Yanka’s parents made a protest under 01.03.2010 (by) to the chairman of Zhodina court Alina Klus and also an appeal to Justice Department of Minsk Region Executive Committee was filed on 02.03.2010 about the fact of manipulation with documents and real falsification of the case in favor of defendant party.

But before filing the Additional Cassation appeal to Zhodzina court on 17.03.2010 and today there is still no answer about this extraordinary event of Yanka’s case #2-200-2010 in Zhodzina court.

Instead, on 18.03.2010 a decision from judge T.Trotsiuk of 15.03.2010 came about refusal of protocol comments without even mentioning the disappearance of the document, and all evident irregularities and disfigurations in the position and relief demanded in the applicants’ complain… – are just dismissed.

According to these circumstances and the facts of new evident manipulations of process terms made by judge T.Trotsiuk in her decision to refuse protocol comments, the applicants made another protest claim and sent the document to the cassation instance to Minsk regional court on 19.03.2010.

While Zhodzina court carefully defends interests of the local authorities and refuses to review the case on the merits of relief demands of Yanka Lapitsky’s parents about resuming of violated right for choosing type and language of education for their Belarusian-speaking son, the Belarusian teenager is forcedly deprived of education in mother tongue in Gymnasium #1 since the beginning of 2009.

Will judicial assembly of Cassation instance be able to stop red-tapery in regard to the case while rights of citizens of Zhodzina keep being violated? Will Minsk make its contribution and stop discrimination mockery? The session planned on 29.03.2010 at 10-00 in Minsk regional court will show.

Addition links:
1) Decision of Zhodzina town court of 11.02.2010;
2) Main cassation complaint of 22.02.2010;
3) Protocol comments of court session of 03.03.2010;
4) Process document which disappeared from the documents of the case #2-200-2010 in Zhodzina;
5) Protest-claim to the chairman of Zhodzina court A.Klus of 01.03.2010;
6) Protest-claim to the Justice Department of Minsk regional executive committee of 03.03.2010;
7) Additional Cassation complaint of 17.03.2010;
8. Decision of Zhodzina court to refuse protocol comments (18.03.2010);
9) Protest-claim of 19.03.2010 to the decision to refuse protocol comments with an ADDITION – proof of dates manipulations;

Ales VOLNY
Belarusian LEGAL PORTAL
by.prava-by.info

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