2011 25/08
Аляксей Лапіцкі, Жодзіна

Aliaksiey Lapitski, Zhodzina

On 22.08.2011 from 9-00 to 9-50 in Zhodzina Town Court the administrative trial took place on the criminal assault of M. Yakautsou who lived in Skaryna str, house 3 on Zhodzina human rights activist Aliaksiey Lapitski. The man attaked Aliaksiey bout 20-00 near the 4th entrance of a multistory building, inflicting bodily harm with a knife – a wound on the right hand. The trial was chaired by Judge M. Samoyla.

As the result of the proceedings and considerations of the circumstances of the protocol on administrative violation of 7.29.2011 under Art. 09.01 of the Administrative Code of the Republic of Belarus “Intentional infliction of physical injury”, circumstances of the case have fully confirmed. Witnesses Svetlana Lapitskaya and Piatro Hancharou, Yakautsou’s friend, were interviewed. The court fined M. Yakautsou the minimum sentence, prescribed by that article – a fine of 10 basic units (350 thousand BYR)

Thus, with the help of some officials from Zhodzina militia department, who directly conducted the investigation on the call of S. Lapitskaya, all the fallowing aggravating circumstances of the offense were not taken into account and were ignored:

1) very aggressive mood of Yakautsou which he expressed towards human rights defenders Aliaksey Lapitski and Sviatlana Lapitskaya who are known to him and to the whole town as active opponents to the regime;

2) state of intoxication of the offender at the time of his knife attack on Aliaksiey Lapitsky;

3) intentional dangerous misconduct; since only by an accident the victim was able to observe the moment of attack the very last moment, he succeeded to evade the first knives and defend himself against few further sharp knife blows (in other case the consequences could have been much more serious and dangerous than the wound on the right thumb);

4) the offender continued giving false testimonies, and even during the court session blamed the victim and witnesses in deceit and misrepresentation (including his friend, the witness P. Hancharou, who had to answer questions of A. Lapitsky truthfully);

5) Yakautsou remained aggressive and convinced about the correctness of his actions, clearly feeling the tolerant attitude from militia officers, who’ve put him in a favorable environment in order to avoid proper responsibility in court for his crime.

Indeed, as it turned out, the militia officers who had to investigate and fix all the relevant circumstances of the incident properly, acted very strange:

1) they drew up the protocol such way so that there was no reports about the stabbing and blood of the human rights activist. The victim noticed this and put the information to the protocol himself at the court session;

2) without victim’s actions, they could not find out the name of the assailant with a knife who escaped and hid in his apartment;

3) After finding out the name of the offender and his place of residence, they told to the victim that the offender refused to open the door and let them in for investigation;

4) Militia officers have completely ignored the demand of the victim about the necessity of drug testing in order to fix the state of intoxication of the offender (!?) …

Aliaksiey Lapitsky commented on the court decision and things he could observe when appealing to militia (see by.prava-by.info … – will be added)

The main thing that should be mentioned here is a quite positive result of the trial and the final, although minimal, sentence of the offender but not the victim against whom actually a criminal assault was committed on 29.7.2011 at 20-00 in Zhodzina.

Everybody knows the case of provocation against Zmicer Dashkievich, as well as other public activists in Belarus. Citizens defended themselves or acted in the provoked circumstances without immediate call to militia and fixing of facts (audio, video, photo) and it shows that such kinds of situations, deliberately or already over the accident can be actively used by authorities against the victims themselves for fabrication of administrative and even criminal cases and further prosecution, and arrests of specific members of public society.

The convicted M. Yakautsou behaved himself as if he was sure, that he would be wholly discharged, or at least would get minimum sentence. He seemed to have found, as understanding and empathy in militia environment, as well as the specific documentary support. In the situation where it was impossible to avoid trial, and many facts and photos were recorded immediately at the court, militia have done everything possible to minimize the effects of judicial punishment of the offender, who attacked human rights activist Aliaksiey Lapitsky with a knife.

It is difficult to estimate how strongly police, courts and prosecutors in Zhodino and Belarus politicized, are but the fact is that they happen to be in modern world of law, and are a very dangerous tool of political repressions, lawless and criminal prosecution of citizens for their beliefs and public activity.

You will see discussions on this topic and a brief comparative analysis of two very vivid trials in Zhodzina here (updated).

Ales Volny,
Belarusian Legal Portal,
by.prava-by.info

Photos: Ales Lapicki (Zhodzina, 29.07.2011)

Перад нападам на месцы здарэньня ...

Before the attack at the scene ...

Пасьля нападу на месцы здарэньня

Immediately after the attack at the scene ...

Рана нагі, атрыманая ў часе абароны ад нападу

Early in the legs, resulting in protection from attack ...

Пасьля прыезду міліцыі ...

After the arrival of the police ...

Заява ў Міліцыю ...

Statement to the police ...

У міліцыі ...

The police ...

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