2010 29/10
Андрэй Зубра, Жодзіна

Andrey Zubra, Zhodzina

Because of incomplete and unproved charges filed, Zhodzina court returned administrative materials back to Main Department of Internal Affairs (GUVD).

On 29.10.2010 from 10-00 till 10-45 in Zhodzina court the second court session on the administrative case of Andrey Zubra took place. Andrey was accused according to the art. 22.9 part 2 of Administrative Violations Code of Republic of Belarus of illegal distribution of independent press in Zhodzina. He was supposed to be fined from 20 to 50 basic amounts (700000-1750000 BYR).

The proceeding was taken by Judge Grynkievich I.I. Human right activist Aliaksiey Lapitsky was present at the session.

In the beginning the defendant A.Zubra made several applications and this time they were granted. As a result the defendant got the opportunity to learn the case materials and look all procedural documents through. Consequently, the defendant’s side found several questions about the content of the documents which were brought to court and about truthfulness of the information.

Andrey Zubra could also suggest the court his view of the situation and present legal grounding of his actions in the frame of Constitution of Republic of Belarus (art.8, art.33) and International Covenant on Civil and Political Rights (art.18, art.19), established rights and freedoms.

Also court’s attention was drawn to the fact that article 29.2 of Administrative Code, on which the accusation of Zhodina GUVD was based, didn’t provide punishment for what militia had fixed and was presented at court as administrative violations.

It was stated that in art. 22.9 part 2 of Administrative Code it is said about production and distribution of printed mass media as cumulative actions and there is a correspondent administrative punishment for violation of the order fixed.

Andrey Zubra stated that those constitutional rights and freedoms which he is proud to use as a citizen of Belarus (freedom of opinion and expression, right for distribution of information, thoughts and opinions) according to article 23 of the Constitution of Republic of Belarus and correspondent regulations of International Covenant on Civil and Political Rights (art. 4, art. 18, art.19 part 3) except circumstances and conditions described in these articles – can’t be restricted and suppressed. In other way it would mean discrimination of right to freedom of belief and discrimination between nationalities and languages.

The court was preparing its decision 10 minutes.

In consequence Zhodzina court acknowledged in facts that the administrative materials prepared by Zhodzina GUVD according to art. 22.9 part 2 of Administrative Code of July 19, 2005 about A.Zubra’s distribution of printed materials without publisher’s imprint don’t correspond the violation of art. 22.9 part 2 of Administrative Code committed on December 28, 2009.

In the decree to send the case back is stated that “according to art. 22.9 part 2 of new version of Administrative Code, violation of mass media law is illegal production and distribution of printed mass media.

Together with this it wasn’t proved and put to the protocol of administrative violation who was the publisher of printed edition “Tut i tsiapier” (“Here and now”) and if it was A.Zubra”, – is written in the decree.

Therefore, it is stated that “the official who drawn the protocol about administrative violation up didn’t fulfill the requirements of the content of the protocol.”

Therefore, on 29.10.2010 after session on administrative materials, Zhodzina court couldn’t make an accusation and sent the materials of A.Zubra’s case back to Zhodzina GUVD for adaptation.

Ales Volny,

Belarusian Legal Portal

by.prava-by.info

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