2011 11/11
Аляксей Лапіцкі

Aliaksiey Lapitski

Human right defenders Aliaksiey Lapitsky and Sviatlana Lapitskaya filed a cassational appeal against the decision of the Zhodzina City Court of October 17, which was used by the judge Tatsiana Tratsyuk in rejecting complaint about unlawful actions (inaction) of the executive committee’s officials to prohibit peaceful picketing in support of the well-known Belarusian human rights activist Ales Bialiatsky arrested in Miensk.

The complaint was filed on November 3, after getting on October 24 the reasons for judgment from the decision of Zhodzina court of October 17 (see Attachment).

The complaint notes that in spite of a long process, which consisted of three trials and preliminary interviews (each lasting from 2 to 2.5 hours for whole month), the fact that the arguments of the parties and evidence of violations of the organizers of the peaceful event were presented quite sufficiently, the inability of the interested party (represented by the head of the Executive Committee’s legal department Volha Verhel) to show the court explanation evidences, as well as to present the legal change of the initial official position of the Executive Committee… – the court delivered a negative decision on the complaint of the applicants.

The complaint of human rights defenders to Miensk regional court also draws attention to significant procedural irregularities in the preparation of hearing records, when delivering decisions and Private Court determining of October17, despite the fact that the latter still recognizes one of the numerous violations made by the Executive Committee of the law “On mass events in Belarus” and “On appeals of citizens”.

Сьвятлана Лапіцкая

Sviatlana Lapitskaya

The applicants made audio recordings of all proceedings and brought those audio files of the last 2 trials to court to improve the quality of the protocol. However, they note that despite the availability of this supporting material … – the trial protocol does not meet the requirements, placed by CPC to such an important procedural document. It reflects the significant for the applicant events and actions in the process not correctly, questions and answers of the participants and positions of the parties are distorted, etc.

Relative to the comments on the report filed previously to the court and entered in the proper order, the applicants have not received any response from the court yet.

On November 4, judge Tatsiana Tratsiuk made a decision according to which the appeal wass left without any change because of non-payment of state fees, and in the summon dated November 10, the applicants are offered to provide the court with documents about the payment of 17 500 rubles of state tax on the relevant bank requisites until November 14.

For reference use

State fee on the cassational appeal to the Court primary jurisdiction in Miensk region is paid in the trial court, which delivered the judgement – in the Minsk regional court with the following requisites: a/c current account 3602101000039 at CBD № 524 of JSC “Belarusbank”, code 795, UNP 101 530 339, purpose of payment 03 001, the payee WGC Main Directorate of the Ministry of Finance of the Republic of Belarus in Miensk.

Attachments:

1. Copy of cassational appeal of 03.11.2011 on Decision of Zhodzina court of 17.10.2011 (by);
2. Copy of reasons for judgment of the decision of Zhodzina court of 17.10.2011(by).

Quoting legal distribution,
Ales LETA,
Belarusian Legal Portal,
by.prava-by.info
Photo: Ales’ (Licviny-INFA)

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