2011 01/11
Аляксей Лапіцкі, Жодзіна

Ales Lapitsky, handling of audio material on protocol

On 31.10.2011 in Zhodzina human rights defenders filed their comments to Zhodzina court about records of the trial, which was held on August 13 and 17 on banning peaceful picketing in support of the arrested well-known human rights activist Ales Bialiatsky.

This work, even without minutes’ improvements of the previous hearing of August 7- took quite a long time, and the comments themselves have turned out to be 14 pages.

The applicants carried out audio recording In the course of the whole trial process. Thus audio materials were given to the secretary Tatsiana Kadrachova and the chairman of the hearing Tatsiana Tratsiuk sa a help to the court for timely and quality production of the protocol in accordance with the requirements of the Code of Civil Procedure of Republic of Belarus.

Indeed, that’s how the applicants were hoping to minimize problems connected with the production of a proper protocol and future comments on it.

However, the first familiarization with the document signed by the secretary T. Kadrachova and judge T. Tratsiuk which included the case records of October 25, showed that the problems connected with precise report of procedure events and court session circumstances as well as the subject matter of the arguments even in such conditions haven’t been avoided.

It was interesting that there were surprises in the form of unvoiced and unknown decisions which have been attached to the documentation with a clear distortion of what and how happened during the trial…

The applicants hope that the chairman of the hearing T. Tratsiuk having objective evidence (audio recordings) of the trial will also objectively evaluate observations made about the record and will take appropriate measures for a significant quality improvements of the protocol as an important procedural document.

With the need to process a large amount of audio and printed material their own recordings and electronic copy of the protocol officially produced in court helped the applicants. Aliaksiey Lapitsky received these materials on August 25 in Zhodzina Court from the secretary T. Kadrachova with permission of the judge T. Tratsiuk. The judge taking into account the existing circumstances, after the direct discussions with the applicant, has also allowed Aliaksiey Lapitsky to submit comments on the report on Monday, August 31.

DOCUMENTS ATTACHED:
1) Minutes of the hearing of25. 10.2011(electronic copy, Bel.)
2) Observations on the trial record (Bel.)

P.S.

The case is interesting because it took place in Belarusian language, and during the proceedings, the executive committee refused its initial demands about attaching to the applications to hold events contracts with the militia, medical and communal services for the appropriate permits, and also the application of organizers’ obligations of the signing such contracts. These circumstances can not be considered grounds for banning the claimed event. However, without representing prices and legitimate way to determine the required costs, local authorities continue to believe that the applicants are required to pay such expenses in any case – even when they are very little or practically impossible.

For the first time Zhodzina court recognized in his private decision apparent violations by the executive committee of the Law “On mass events in Republic of Belarus”, but again made the same obviously lawless decision about the fact of obstacles and implementations of the citizens’ constitutional rights to freedom of peaceful assembly, expression of opinions and the free flow of information.

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

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