2012 11/01
Уладзімер Няпомняшчых, Гомель

Uladzimir Niapomniashchykh, Homel

On January 11 judge of Homiel Central district Alena Tsalkova passed a resolution: to stop the administrative case against Uladzimir Niapomniashchykh on “dirty swearing” (Article 17.1 of the CAO) for the failure to prove his guilt.

That means that in court militia could not prove that the activist of UCP and the Movement “For Freedom”, a retired official of the Ministry of Internal Affairs was using bad language. This is probably the first “political” process in Homiel, when the fact of using dirty language by opposition leader was not “proved” in court.

Let’s remind you that in court Homiel militia officers refused to confirm the words of their colleague Valery Amielchanka that Uladzimir Niapomniashchykh was swearing.

On January 10 in Central District Court a new hearing of the administrative case against Uladzimir Niapomniashchykh took place. The opposition activist was detained by militia on October 7, on the eve of the National Assembly, for putting up flyers for the event. Two protocols were made up – for violation of holding mass events (Article 23.34 of the Administrative Code), and disorderly conduct (17.1 of CAO). Immediately after the detention Uladzimir Niapomniashchykh was taken to the detention center, where he spent two and a half days before trial.

If what the militia report says is true, the activist committed two offenses at one time – at 22.50. Moreover – Uladzimir Niapomniashchykh haven’t ever seen the protocol of disorderly conduct, namely dirty swearing, until he was summoned by a subpoena. This is confirmed by the fact that the protocol was not signed by the detainee, or record that he refused to sign the protocol was absent. And the protocol under Article 23.34 was made only on October 8, when the opposition activist was in a detention center. The militia officer who detained the activist, Valery Amielchanka, didn’t even register the protocol of disorderly conduct; he left the necessary sections there blank, and at the trial was constantly confused and changed the testimonies.

On December 5 judge Alena Tsalkova adopted a resolution – to send the report back for revision. But after more than a month, on January10, it was found that the protocol has remained almost the same as in the original form. Only on December 31 in the blank sections of the militia protocol Amielchanka wrote that Uladzimir Niapomniashchykh refused to sign it. The activist drew the attention of judges to this fact in the court, adding that it is the falsification of the document and asked to punish militia officer for violating the law. The judge asked the militia officer, when and under what circumstances this record that Uladzimir Niapomniashchykh refused to sign the protocol appeared? Amielchanka said that it appeared on December 31, when a new protocol was made. The judge then asked whether the Niapomniashchykh was asked to sign the protocol? The policeman muttered that “they wanted to suggest”. But the judge was insistent and requested clarification – what did it mean “wanted to offer?” And the militia officer began to explain confusedly that he didn’t remember clearly if the oppositionist was called, it seems, he was invited to the militia office, and perhaps he refused. The militia officer didn’t remember exactly who have called the opposition activist, and which phone was used. Uladzimir Niapomniashchykh got indignant and asked the judge to require phone calls connection information within that day.

Amielchanka gave different testimony about the circumstances and place of the offense – activist’s filthy swearing. Moreover, two more militia officers and a driver were present at the arrest. But none of them have heard any dirty swearing by Uladzimir Niapomniashchykh. Only Amielchanka did. Other militia officers claimed about it repeatedly, and on January 10 in the court they also confirmed that the citizen had behaved quietly and they hadn’t heard any swearing and dirty language from him.

At the trial, when militia officers testified, some interesting facts were presented. For example, on October 8 it was “a stronger version of service” (let’s recall that it was the day of the National Assembly), and that “we were given direction setting to pay attention primarily to the printed materials”.

Criminal investigator Alexander Demin, who was also present during the arrest, told the court he had not heard dirty swearing and even harsh words from Niapomniashchykh.

The opposition activist, as a former militia officer was glad that there were still decent people in law enforcement agencies. “Yes, there are those that lie in the eye, such as Amielchanka, who altered the case, gave false testimony. But there are also decent people, like his colleagues, who did not commit perjury, and didn’t say that I was using a dirty curse. Although I think they were asked to do so. But we must be able to say “no” and I am sure that Amielchanka could say “no” when the leadership gave the order to forge a protocol, and nothing would have happen to him for this”- said Niapomniashchykh.

He was pleased with the decision of the court, but noted that it would be true to recognize his innocence, because of the absence of elements of a crime in his actions.

Quoting Radio Svaboda,
Prepared by Ales LETA,
Belarusian Legal Portal,

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