2011 06/12
Касацыйнае абскарджваньне, Менскі абласны суд

Сassation, Minsk Regional Court

On November 5 from 10:00 to 14:00 hearing of cases was held in cassation instance of Minsk regional court. Panel of judges, chaired by Judge Kulakova considered the complaint of Aliaksey Lapitsky and Sviatlana Lapitskaya last.

Human rights activists challenged the decision of Zhodzina court on the case of officials’ misconduct in the executive committee about the ban of a peaceful demonstration aimed at protecting the chairman of HRC “Viasna” Ales Bialiatsky arrested in Minsk and persecuted for his human rights activities.

This cassation appeal was heard by the panel of judges consisting of judge Vainila (reporter), judge Kulakova (session chairman) and judge Kulbitskaya.

From the beginning, Aliaksiey Lapitsky challenged the speaker, judge Vainila, who is almost always entrusted such-like matters and who earlier at the previous cassation hearing of the appeal, together with the presiding judge Dalinchuk, violated basic procedural rules and did not allow applicants to express their position in the court.

The panel of judges did not accept the challenge of the speaker, and also did not grant the applicants’ appeal to familiarize them with the case.

The court agreed to conduct the meeting in Belarusian language and attached additional written explanations of the applicants’ position to the case.

Then, after judge Vainila have read a fairly short report on the case in which the applicant had noted two fundamental errors made by the reporter, the word was given to the applicant.

During the explanation of his arguments regarding unreasonable and invalid decision taken by Zhodzina court on October 17 and the way the decision was taken and partially the content of the decision adopted without disclosing in the court and informing the applicants – it turned out that in contrast to the 5 other cases considered by the panel of judges in the day before, the presiding judge Kulakova was not properly briefed on the case. It turned out that she did not even know what to cast on 15 sheets applicants comments on the report have been fully accepted by the court Zhodzina and substantiated.

In this regard, as human rights defender noted in the court, his position was supported by the facts he studied and presented in court that made the controversial court decision even more obviously illegal and invalid. The same is about procedural violations and incompleteness of the private decision imposed by the court of Zhodzina.

Аляксей Лапіцкі, Жодзіна

Aliaksiey Lapitsky, Zhodzina

However, after Aliaksiey Lapitsky’s speach judge Kulakova rushed to finish the session immediately. She did not even suggest her colleagues to ask questions and in fact did not end the session properly. The chairman of the board of judges only noted at court session that she knew and understood the arguments made by the applicant, and immediately announced the end of the proceeding.

After this, the decision which was sounded didn’t impress the participant of the process with its peremptory predictability.

Although, as reported by Aliaksiey Lapitsky, he had some hope that in the given situation when there was an accurate record of the investigated and confirmed important facts of the case, the board will be able to show its inherent (in the ordinary civilian, non-political matters) professionalism. It seemed that in such conditions, the judges once again won’t take the risk to completely ignore the fact of documented and certified important facts of the case, specifically approved by the court of Zhodzina, which are evidence of procedural irregularities and biased nature of appeals challenged on Zhodzina city court.

Aliaksiey Lapitsky noted that during the trial of cassation instance they also conducted sound recording. After receiving the court decision, it will be further challenged in the supervisory review, and also documents will be prepared to submit individual report on the case to the UN Human Rights Committee.

Quoting legal distribution,
Ales Volny,
Belarusian Legal Portal,
by.prava-by.info

2 thoughts on “Minsk Regional Court dismissed the complaint of human rights defenders from Zhodzina”

  1. justin says:

    The information provided by you was very useful thank you for sharing the information with us.

  2. Keep on working, great job!

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