2010 27/02
Суд горада Жодзіна

Zhodzina town court

On 26.02.2010 in Zhodzina court an extraordinary and unexpected event happened. Everything started as usual and nobody expected anything surprising. Aliaksiey Lapitsky came to court to familiarize himself with the protocol of the court session which took place on 10-11.02.2010 with Tatsiana Tratsiuk as a head judge.

Let’s remind you that the suit about the facts of law violations and impediments in education of Belarusian-speaking Gymnasium pupil Yanka Lapitsky with demands of renewing his right to get education in Belarusian was filed to Zhodzina court on 28.12.2009 by parents of the teenager.

But by demands of the representative of executive committee in court V.Vergel, the judge decided not to entertain the action essentially together with the evident facts of law violations by responsible officials. The court defeated the claim referring to expiration of a term of “appeal to the Judgment #928” which is mentioned in several violations claimed.

Only the next day after announcing of juridical decision of 12.02.2010, when familiarizing himself with the documents of the case, Aliaksiey Lapitsky got an opportunity to see the content of the document – demand-letter of 26.05.2009 #1-89-9/271 from T.Danilievich (Mensk), which was attached to the case by the representative of executive committee.

This document testified that demand of the discrimination Judgment #928 about closing educational program in Belarusian language and forcing to accept education in Russian in Gymnasium #1 was prepared by mr.Kulesh and came from the head of the Main education department of Minsk regional executive committee Taisa Danilievich. This particular official ordered ideological department manager of Zhodzina executive committee Aksana Hrishkievich and the head of Zhodzina Town Education Department Yauhen Haryd (together with lawyer Lahviniets) to prepare the correspondent judgment…

So, only on 26.02.2010 after a Cassation complaint about Zhodzina court judgement of 11.02.2010 was filed on 22.02.2010, Yanka’s father got the possibility to familiarize himself with the protocol attached to the case.

Аляксей Лапіцкі, Жодзіна

Аlaksiej Lapicki

When I familiarized myself with this document, – noted Aliaksiey Lapitsky, – many negative emotions and questions aroused just as I expected.

-It will take time to introduce corresponding necessary comments. Together with this there weren’t list of the document and page numbering. And the most unexpected thing was that during examination of the case documents which were sewn together and ready to be sent to Minsk, I discovered that there wasn’t this process document mentioned above – demand-letter of T.Danilievich to Zhodzina executive committee.

Taking into account that the court was almost closed in the end of a working day, Aliaksiey Lapitsky made an oral remark about this fact to secretaries and judicial clerk presented there and made a record in the registry where all remarks about familiarizing with case documents are put (see attachment).

Aliaksiey Lapitsky will have to claim his absolute protest and make his own correspondent comments upon the fact of disappearance of documents from the case and many other tendentious inconsistency of the protocol. Both these evident process violations and those listed in the already filed cassation appeal are going to be considered by Judicial Assembly in Minsk regional court.

It is observed that not only prisoners on trial disappear during court session from Zhodzina court (last year a prisoner under militia guardianship escaped from the court room) but also important process documents from some court cases!

And that’s how we live, keeping our heads on a swivel… What if it will come for no good… And meanwhile high above… officials who rule PEOPLE drink Champaign…!??


ATTACHMENT

Prisoner of trial who escaped from the court room in Zhodzina (2009)

Падсудны які зьнік ...

Document which disappeared from case materials in Zhodzina (2010)

Дакумэнт, які зьнік з матэрыялаў справы №2-200-2010 ад 12.02.2010
Аўтарка дакумэнту, Т.Данілевіч

Author of document, Т.Danilevich

Record in the case materials about disappearance of the document

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

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