2012 07/05

Valiantsin Stefanovich, the deputy head of the Human Rights Center “Viasna”

On 4 May the deputy head of the Human Rights Center “Viasna” Valiantsin Stefanovich filed a written application with the head of the Minsk City Court in connection with a gross violation of the legislation by Alena Siamak, a judge of the Tsentralny District Court of Minsk.

As it is stated in the appeal, on 21 March Mr. Stefanovich had applied to the Tsentralny District Court with an appeal against actions of the Ministry of Defense of the Republic of Belarus. (According to a notice, received from the citizenship and migration bureau of the Partyzanski District Police Department of Minsk, the human rights defender was temporarily prohibited to travel abroad on decision of this ministry). According to the mail notice, the appeal was received by the Tsentralny District Court of Minsk on 26 March.

“According to part 1 of Article 337 of the Civil Process Code of the Republic of Belarus, the cases which ensue from administrative and legal relations, are considered by court not later than a month since the receipt of the lawsuit by the court, unless otherwise provided by this Code and other legal acts. Thus, my appeal against the unlawful restriction of my right to move by the Ministry of Defense was to have been considered by Judge Siamak not later than 26 April. I cannot understand why the appeal still hasn’t been considered and why Judge A. Siamak violates the requirements of the present legislation during the administration of justice,” writes Mr. Stefanovich.

The human rights defender is convinced that by her actions Judge Alena Siamak admitted a gross violation of the legislation during the administration of justice. That’s why being guided by Articles 111, 114, 115 and 119 of the Code of the Republic of Belarus on judicial system and status of justice, he asks to instigate disciplinary proceedings and impose on her a disciplinary penalty, provided by the current legislation.

“This is a continuation of a special experiment I am holding in connection with the unlawful restriction of mu right to leave the country,” explains Valiantsin Stefanovich. “Its aim is to demonstrate once again what our so-called independent court system has become. After depleting all national remedies I intend to file an individual communication with the UN Human Rights Committee about the unlawful restriction of my right to movement in violation of the International Covenant on Civil and Political Rights, solely because of my human rights activity. Secondly, I was denied justice in the country, because I applied to the court, which simply ignores my case.”

Bear in mind that on 11 April 2012 Valiantsin Stefanovich wasn’t let out Belarus at the border crossing point “Kamenny Loh”. According to explanations of the head of the border service, the passport data of the human rights defender were in the database of the citizens who were temporary prohibited to leave the country.

By spring96.org

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