2011 29/11
20111128_viluha_t

Ruslan Viliuha, Krupky

In the district center Krupky in the night of November 18 to 19 during a special operation “Law and order” militia acted lawless.

Quoting “Belarusian News», just one document refutes the so-called “refutation” of Minsk regional executive committee’s MIA, who claimed that “actions of militia officers from Krupky RDIA were completely legitimate”.

The same document, to put it mildly, intimidates the deputy of Internal Ministry Yauhen Paludzen, who told reporters that “everything was within the law” in Krupky. Is the colonel living within his own laws, or is he a very poorly informed senior militia official.

That night at least three people were detained illegally, reports on administrative violations were groundlessly drawn up on them and they were kept in prison in vain for almost three days. These conclusions we can arrive at from the decision of the Krupky district court.

On the site of “Havary Praudu!” photocopies of the order terminating the proceedings in the case of administrative violation against Ruslan Viliuha were published. The document was dated November 21. The case of a 25-year-old man was considered by the court chairman of Krupky district Liubou Sivakova.

Two protocols at a time were drawn up on Ruslan by the officer of Krupky district militia department V. Chapianets. The reports from special service militia fighters of Minsk regional executive committee’s MIA, who organized “preventive practicing” in Krupky were grounds for filling the forms.

In particular, militia officer D. Madenkou wrote in a report that at 2 a.m. at the store “La Hascintsu” Vilyuha in a state of alcohol intoxication “in the presence of police officers acted offensive, picked on the citizens, interfered shopping, was talking loudly, using coarse language, disrespected militia officers”.

The second law enforcement representative – Sgt A. Anishchanka – argued that Ruslan “did not obey the order to proceed to a service car for further investigation and medical examining, resisted, and seized the different objects and uniform”.

In court as well as to journalists, Ruslan Viliuha (by the way, a former militia officer himself) accused by the police of “terrible sin” told a completely different story about the events of that night. He really was in the store “La Hascintsu” when a bus stopped near and special service officers came in.

«There were about twenty of them – he told. – They also came to do some shopping. And then one woman, a customer, when coming out of the store, accidentally caught one militiaman. After all, the shop was small and many people crammed tightly. But the officers were very rough and told the woman that she should have been more careful. Some of my friend made a remark for them to be more polite. This has driven them crazy. They threatened all the present people, and their faces expressed hatred of us and it seemed they were ready to tear us. It was then that I, knowing the internal regulations of the Ministry of Internal Affairs about treatment of citizens, also made a remark to the officer who was present there. For these words I was asked to follow him. I walked out calmly. I was told to get into the “paddy wagon.”

My friend asked: “What has he done wrong? Why are you taking him?” Well, for this he was also taken under the arms – and put in after me. We set at the very end of the car. When the car started to move Special Forces agents swooped at us. Five persons for each of us. They knocked us to the floor. They batoned our ribs several times. My friend after such “procedures” felt such a great pain that the next day he was even taken from the detention centre to a hospital were, we thought they’ve broken his ribs. Thank God, there were only strong bruises recorded… ”

Witnesses of those events played a positive role. Shop assistant M.Vashkievich said that in her presence no one was shouting, swearing, and the order wasn’t violated. The woman explained that she did not call militia. There was no reason for this. Witness E.Dubovik, who also became a detainee, has confirmed the testimonies of the shop assistant and added that the behavior of Special Forces agents was provocative.

Surprisingly, but in this situation, judge Sivakova believed not Special Forces, whose actions a few days later were approved by the Deputy Minister Paludzen, and there were no reasons not to trust public witnesses, as was noted in the court decision. In fact, Liubou Sivakova was on Ruslan’s side, finding that his guilt has not been proven in Court. And that’s why – the proceedings in relation to the Krupky citizen “must be terminated for the lack of composition of the administrative offense in his actions”.

And there is another important legal issue on the merits. At the time of illegal detention Ruslan Viliuha was in his cups. The medical examining showed alcoholic intoxication -1.28 ppm. Not much, but enough … we’ve got a saying: “If you are drunk – you are guilty”. However, the chairman of Krupky area court has her personal opinion on this account based on law, which is documented in the resolution. It is as follows:

“The mere fact of R.Viliuha being intoxicated in public does not constitute an administrative violation”.

Those words should be marked to everyone who has a baton on the side, but the mirror is not to blame?

So we see that the militia officers had no reason to find fault and detain Ruslan, who in the context of judicial decisions should be viewed as a victim of extremists in uniform who absolutely do not care what people think about them. But what if people spit on them?

… Declared not guilty by the court Ruslan is going to appeal against actions of militia officers at the Attorney General’s Office. And he’s hoping for justice.

Quoting charter97.org
Prepared by Ales LETA,
Belarusian Legal Portal,
by.prava-by.info

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