2013 05/11

Yury Rubtsou in Miensk,
Dziady – 2013

On 4 November the Savetski District Court of Minsk sentenced the participant of the mass event “Dziady” (“Forefathers Eve”) Yury Rubtsou to three-day administrative arrest. Judge Dzmitry Pauliuchenka, having considered the administrative case of the opposition activist, found him guilty of “insubordination” to police officers (Article 23.4 of the Administrative Code).

During the administrative proceedings the police officers who detained the activist, explained that he disobeyed their demand to get in their car, which they regarded as “insubordination”.

As explained by the lawyer of the Human Rights Center “Viasna” Uladzimir Labkovich, the detention of Mr. Rubtsou is arbitrary and devoid of legal basis.

“Even the formal cause, used to bring Yury Rubtsou to administrative liability, is void and illegal. After all, if you read Article 23.4 of the Administrative Code, it suggests that the requirement of the officials, in this case – the police, should be legitimate. That is, they needed to explain to Mr. Rubtsou why he was to follow them to the car. And, in fact, the police have a very limited list of legitimate reasons for inviting a person to go somewhere with them. They must explain the reasons… After all, they have the right to detain a person for any offense, any action that might lead to something. In this case, as is evident from the administrative case, Rubtsouwas simply asked to go to the car and had every right to refuse from such a “proposal”,” said Vladimir Labkovich .

Human rights activists believe that this arrest is nothing but revenge for a T-shirt with the inscription “Lukashenka, resign”:

“As far as Yury Rubsou was sentenced to the arrest solely under Article 23.4 of the Code of, it can be argued that they “ivited him to the car” not because he committed any offense. Then, the sentence can be nothing but a pure revenge for the T-shirt. After all, theT-shirt with the inscription itself doesn’t fall under any articles of, even in such a perversive legislation as ours. After all, the call for any elected official to resign from his job, is completely legal. Therefore, this shirt worn by Mr. Rubtsou does not contain any insults or humiliation.”

The human rights activist points out that in the case of Yury Rubtsou the administrative arrest is a result of arbitrary detention.

Quoting spring96.org
Prepared by Ales LETA
Belarusian Legal Portal

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