2011 02/11
А судзьдзі хто...?

Who are the judges ...?

Every-Wednesday actions of silent protest, which set Belarus on fire this summer and during which about 2 thousand people were arrested, fell into oblivion. However, those events continue to echo now.

Three and a half months after one of the participants of the summer actions, the activist of “Young Belarus” Ales Halavan has been punished with six days of arrest the Supreme Court finally recognized that the judge of Vitebsk Pershamaisky district court Valiantsina Kismyaroshkina, who conducted the case of Halavan, has herself violated the law.

Ales Halavan was arrested on July 6 before the beginning of one of the “revolution through social networks”. The activist was accused of using obscene language and waving his arms which offended passers-by. On July 8, the trial judge Kismyaroshkina agreed with the arguments of militia officers, who had arrested Ales, and sent him into custody for disorderly conduct.

Human rights activist Paval Levinau was a witness in the case. Having a desire to help the guy to appeal the verdict, he decided to read the trial record. Human rights activist demanded the trial minutes. However, the judge Kismyaroshkina dismissed his appeals, saying that witnesses have no rights to familiarize themselves with records of trials and to submit their comments.

Paval Levinau considered that denying him the right to familiarize himself with the record, judge Valiantsina Kismyaroshkina violated Part 4 Article 11.8 of Procedural-Executive Code on Administrative Violations, which states: “The judge must ensure that participants of the process would have… opportunity to become familiar with records of the trial”.

Human rights activist filed a complaint to the Supreme Court. Having considered the complaint, the Supreme Court agreed that the applicant was rights. In the letter received by Paval Levinau, signed by deputy chairman of the Supreme Court, Valery Kalinkovich, it was stated: “Judge Kismyaroshkina was shown the violation of requirements of PECAV. You can familiarize yourself with the record of the session in the Pervamaisky district court of Vitebsk”.

Thus, through the efforts of human rights defender the Supreme Court admitted that the trial judge, who took the decision to arrest the participant of “silent revolution», was violating the law. Probably, Kismyaroshkina would be punished somehow by «hierarchy” of the judiciary for having made such a “sin.” But still some questions remain. How many of these judges in Vitebsk region and throughout the country who do not know laws? And how fair are the verdicts of “ignorant” judges who, administering “justice” do not orient themselves in the law, certain codes of the Republic of Belarus?

Quoting “For Human Rights”
Prepared by Ales LETA,
Belarusian Legal Portal,
by.prava-by.info

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