2011 16/12
Вярхоўны Суд, Менск

Supreme Court, Меnsk

Chairman of the Supreme Court Valiantsin Sukala reversed the decision of Minsk Piershamaysky district Court supported by Minsk city court, according to which the 27-year-old resident of Mahiliou Julia Harachankova was serving administrative detention for a period of 5 days for “using obscene language in a public place” in July.

According to the decree of Pershamaysky district court, Julia Harachankova was found guilty of art. 17.1 of the AOC – that “on July 6, 2011 about 19:30 in a public place – on Independence Avenue 116 in Minsk was swearing, did not respond to comments, violated public order and showed a clear disrespect for society “.

Julia has denied her guilt in committing the offense and explained in court that on July 6, going to the National Library, she saw two men in civilian clothes who were leading up a young man against his will, and she tried to intercede for him. She was arrested for this.

Meanwhile, a witness at the trial Slabko gave other explanations, according to which of Julia Harachankova was swearing and refused to leave the square.

The court, in its turn, described the denial of guilt by the woman as “the desire to avoid responsibility” and reinforced its decision by interview protocols of witnesses Slabko and Ghushcha, reports of a militia officer, militia report, drawn up by a militia officer Lazarau, and other written materials of the case.

“In spite of such explanations from Y.Harachankova and A.Slabko and, the court has not taken measures to clarify the cause of controversy, “- Valiantsin Sukala reported in his decree. The Chairman of the Supreme Court also gives other evidence of incomplete and one-sided investigation of the case by Piershamaysky Court. For example, he points out that the court disregarded the following fact: in the case file the protocol made by Lazarau was dated by June2nd, although Harachankova was accused of the offense committed on July 6. Also, according to the court case, in Piershamaysky district Court the record of the witness Ghushcha was read referring to his explanation in the court case.

“However, the court’s decision on disclosure of the document was not fixed in the record of the hearing, – wrote V. Sukala. – The protocol on administrative violation does not reflect by whom and when the decision was made about sending the materials of administrative violation to court, there was no accompanying letter about the decision’s direction to the court for the further consideration. ”

Based on these facts, the Chairman of the Supreme Court recognized that the case “did not ensure a full, complete and objective investigation of all circumstances connected with the accusation of Y.Harachankova on the administrative offense under Art. 17.1 of the CAO, and that “the incompleteness of the trial in Minsk city court did not receive an appropriate response and consideration of complaints about the woman’s innocence.”

After abolishing the decision of Minsk Piershamaysky District court of 7 July, and the decision of the Minsk City Court of July 22, the Chairman of the Supreme Court Valiantsin Sukala sent the administrative case of Julia Harachankova for a new trial to another judge.

As noted by the lawyer of the HRC “Viasna” Uladzimir Labkovich who helped Julia Harachankova to make a complaint to the Supreme Court, this case can be called an exception. After all, most of the complaints about administratively convicted for actions of silent protest were rejected by the Supreme Court. According to human rights defenders about only ten of such-like complaints reached the highest court instance. In most cases, the appeal process stops at the stage of Minsk City court, because citizens do not believe in justice and believe that writing further complaints does not make sense.

Quoting spring96.org,
Prepared by Ales LETA,
Belarusian Legal Portal,

One thought on “Mahiliou citizen won the repeal of detention decree for July “silent” picketing”

  1. Miroslav says:

    You’ve captured this prfecelty. Thanks for taking the time!

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