2010 04/03
дзіўная справа №2-10-2010

Case №2-10-2010 (12.02.2010 - before disappearing of document)

Information on the case about protecting the right for education of Belarusian-speaking pupil Yanka Lapitsky isn’t provided by the administration of gymnasium #1, but… But a sensational disappearance of an important process document from the court case is also information!

On 12.02.2010 after familiarization with materials of the case #2-200-2010 in the court, Aliaksiey lapitsky, who defends rights of his own son, a 14-year old Yan, to continue education in Zhodzina Gymnasium #1 in Belarusian language, visited administration of Town Education Department and tried to find the documents of TED which are connected with violations of his right for choosing type and language of education.

His request was met by a nervous reaction of the head assistant of TED, Vitaly Shulzhyk. He refused to give information for familiarization and rudely asked Aliaksiey lapitsky to leave his office. Yanka’s father had to talk about this event to the head of TED, Yauhen Garyd. But he also refused to give any information for familiarization and refused to take any measures towards his subordinate – Shulzhyk.

A written request was made in that case and the head of TED promised to answer it in two weeks. The reply came only on 03.03.2010 in 19 days and “many interesting things” came from the content: 1) that it was written on 26.02.2010 (but there were no postal imprints with dates of mail on the envelope); 2) that Zhodzina TED in fact doesn’t have the documents about closing of Belarusian-speaking class in Gymnasium #1 (!?); 3) and the most interesting thing is that official V. Shulzhyk who had to write an explanatory note to his chief, couldn’t invent anything to excuse himself but as to accuse his visitor in “coarse language”… (!?)

Aliaksiey Lapitsky noted about this issue:

-It appears that it’s easy to lie for their own excuse for officials of this kind: with new ideological upbringing, BRYU (Belarusian Republican Youth Union) fighters for “office peace” who want to have high posts without problems… Cynical lie about the opponent when they have nothing to hide their own impudence with becomes very popular among local nomenclature. They behave themselves so imprudently because they are sure that they would be always covered by “higher-ups”. Moreover when it comes to defending honor of always ideologically right green and red regime. Really, only this way ideological department can excuse its hopeless simple provincialism and Belarusianless state of mind. And in this situation they didn’t think for a long time what to write…”

-Visit to the Gymnasium #1 in Zhodzina also gave no results. The request left there is still waiting for an answer… We’ve got at least something from TED in 19 days (!?). But there is nothing on the request to Gymnasium #1 about delivery of information.

-But on 12.02.2010 in Zhodzina court during familiarization with documents we could find many interesting things. First, there was no protocol in the case. Second, one very interesting document was examined in a proper way. But later almost a criminal story happened to this document. This was an order-letter from T.Danilievich to Zhodzina executive committee and this document was mentioned and attached to the case with written explanations by a representative of Zhodzina executive committee in the hearing room on 10.02.2010. So, later this document has just disappeared from the materials of the case (!?). And it’s important that it wasn’t provided for familiarization to the applicants party when requested in time in court room before passing judgment of 11.02.2010.

***

So, what was this order-letter to the chairmanof Zhodzina executive committee Vasil Gryshchanka from the chief of Main department of education of Minsk executive committee Taisa Danilievich? It was read attentively and copied by Aliaksiey Lapitsky (by his own means) in the building of court for the first time only in on 12.02.2010, already after negative decision of judge T.Tratsiuk which was later appealed to the cassation court.

It appeared that this very document has enough information to be observed in terms of legibility in every court room, even the “highest” one… It explains mechanisms of making such decisions, which were hidden from us before, and shows that the authorities of Zhodzina court, which are called “higher instance” in the town, during challenging the Judgment #928 of Zhodzina executive committee acted in fact as accomplices or even instigators of this discrimination decree! Indeed, it’s an important question for those who seek for truth and defense from those who are “above”… But who are they to judge?!

If the procedure of court session would be executed right and the applicants could familiarize themselves with the content of this formal request in the court room in time, the last one could change the process’s course and influence the final result…

In fact in the document mentioned above of 26.15.2009 #1-89-9/271 which was prepared by Kuliesh and signed by T.Danilievich there is an answer to the appeal of V.Gryshchanka of 14.05.2009 #326/01-21 sent to Minsk “about the question of education in Belarusian language of Yan Lapitsky, pupil of TEE “Gymnasium #1 of Zhodzina…”, in which the head of educational department from Minsk orders the chief of Zhodzina “vertical” to stop education in Belarusian language. She notes that “in purpose of continuation of education and socialization of Yanka Lapitsky in the society…, taking into account great … from the means of town budget,… you have to make a decision to close this class”.

But there is one good saying… – “search – and you will find what you are looking for, knock and the door will open”

This is how the truth sounds… and this is how law works in spite of everything. It works and fights lies, betrayals, ignorance and obscurantism, dominance of rudeness in our life and it opens heart to heart, light to light on our way to truth and rescue…, to one whole throughout temple of over whelming and everlasting love.

ATTACHMENTS (by and rus):
1) Copy of order-letter of T.Danielievich to the head of Zhodzina executive committee of 26.05.2009 with the further orders to prepare a discrimination …Decision #928 about closing Belarusian-speaking class and forcing to change language of education to foreign (Russian, which is accepted as the second state language in Belarus);
2) Copy of appeal of 12.02.10 to the chief of TED
3) Copy of answer of 26.02.10 from the chief of TED
4) Protest-claims (to Ministry of Justice, to the head  judge… and prosecutor’s office) about the fact of disappearance of process document from the case #2-200-2010 in Zhodzina town court;
5) Protocol comments of 03.03.2010 which appeared in the case and was observed on 26.03.2010 after filing Cassation complaint of 22.02.2010;
6) Request-claim for familiarization with documents to Gymnasium #1 (without answer at 04.03.2010)

У адказ на заяву - поўнае маўчаньне

Absolutely silence instead of answer on the appeal

Ales Volny,
Belarusian LEGAL PORTAL,
by.prava-by.info

One thought on “Information on the case isn’t provided or just disappears in Zhodzina. But who are they to judges!?”

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