2011 10/08
Анатоль Паплаўны, Гомель

Anatol Paplauny, Homel

In connection with cancellation of a judicial decision according to which Anatol Paplauny was forced to serve 15 days of administrative arrest last month, Homel human rights defenders are going to prove the fact of imposition of knowingly lawless sentence.

A. Paplauny: I intend to appeal to the prosecutor’s office to initiate a criminal case against the Homel Central District judge Alena Tsalkova. It doesn’t matter how things will move around my administrative case events in the future. This person in judicial robes is unlikely to be able to challenge her deliberate fault – I spent 15 days in jail on the basis of in fact empty (unfilled) protocol.

- What was it? Consequence of a low qualification of the judge or her negligence in performing her professional duties – asks human rights activist. The first is strange because the judge works for more than five years, if it is the second – who gave her the right to execute justice on behalf of our country? Didn’t the judge see that no witnesses who had testified falsely against me in court were put in the record? These and other questions she will answer the prosecutor, – summed up the human rights activist.

By the way, a militia patrol guard platoon commander, Major Yury Hrytskou testified against the human rights defender. Anatol Paplauny told him in the hall of the district court: “Look into my eyes! You ought to be ashamed before God and before the judge! You lie! Why, then, do we have to trust the police? Physical advantage is on your side, the moral is on my! ”

Human rights activist Leonid Sudalenka stressed that Article 392 of the Criminal Code establishes responsibility of judges for imposition of knowingly lawless sentence. According to this article, judge’s actions can be a subject of a criminal offense against justice and he or she can be punished with disqualification or a restriction or deprivation of freedom for up to three years.

L. Sudalenka: in our practice there has been a case when the judge of the Homel Railway district court Hanna Novik falsified a court sentence, which came into force. After our complaints this lady has been forced to leave the post of the judge and to go to work in the sphere of national economy.

- As I said earlier, we need to put an end to a situation when militia officials are lying (arguing in court that public and political persons used foul language in public places) and judges like kids just believe them.

Now the judge will have to find the answer to the question why according to the materials of the administrative case at the time of Paplauny’s arrest, witnesses who testified against him in court weren’t recorded in the records. The judge had to wonder why these witnesses and their testimonies were not reflected in the administrative record compiled against my colleague. Why the regional judge now saw this and, conversely, why the district judge didn’t see it but she inflicted Anatol Paplauny the toughest measure of administrative punishment.

Quoting gomelsprig.org,
Prepared by Ales Leta
Belarusian Legal Portal,
by.prava-by.info

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