2013 06/01

The appeal against the decision of Zhodzina City Court of November 22, with the reasoning part of November 29, 2013 which were presented by the judge of Zhodzina City Court Ivan Grynkevich to the applicants only on December 24, 2013 (! ), had to be filed on 03.01.2014 without a preliminary opportunity of familiarization with the record of the hearing and to making necessary comments on it.

The protocol, which must has had the important points of the 6 sessions of the trial on the actual ban by the local authorities a picket in Zhodzina in support of Ales Bialiatski and other political prisoners, – during 2 months of the trial and 1.5 months since the announcement of the decision still has not been prepared (! ?).

Zhodzina human right defenders Aliaksei Lapitsky and Sviatlana Lapitskaya, are the applicants in a civil case, which began in early November in Zhodzina City Court at judge Ivan Grynkevichy presidency.

The given case appealed the fact of not consideration of the applications for holding a picket in support of political prisoner Ales Bialiatski in Zhodzina, and the ban of a declared peaceful assembly of citizens without a sufficient legal grounds for this ban (without a clear, legitimate and necessary in a democratic society goal set by Art. 23 of the Constitution and Art. 21 of ICCPR permitted in the case of restriction of the right to freedom of peaceful assembly), as well as other facts of violations of the existing legislation by the legal entities to which the applicants applied to obtain copies of payment agreements with the militia, community services and medical professionals, required by the new decision № 1020 of Zhodzina Executive Committee.

At the trial the applicants succeeded to prove and document facts that:

- show divergence of testimonies, baseless and illogical position of the representative of ruling power in court Volha Verhel,

- show (in this context) intentional and deliberate obstacles for the implementation of the constitutional rights which are caused by executive power of Zhodzina and they also discriminate applicants of peaceful assemblies,

- directly prove the impossibility of fulfillment of authorities’ demands to conclude payment agreements with militia, community and medical services prior to filing applications for peaceful assemblies, according to the new requirements of p.5 of the new Zhodino Executive Committee’s decision number 1020, the illegitimacy of such claims,
as well as

- fix the obvious perjury of representatives of some Zhodzina services, who spoke at the court session as witnesses, but (probably due to a direct dependence on the Executive Committee) had to give such swore evidence… (!)

In the reasoning part of 29.11.2013. and in the negative judgment of 22.11.2013. filed by the applicant only on 24.12.2013. (!?) all the facts and evidence presented to the court were completely ignored, as well as the fact that the representative of the interested party simply did not show up for a session, for which she was given one day to prepare to answer at court Aliaksei Lapitski’s legal arguments.

In this context, Aliaksei Lapitski notes:

- Zhodzina Court clearly delivered a false judgment, if you take, of course, objectively recorded facts in court. CPC is obviously violated. The court for unreasonably long determinates how to “provide due to the protocol” delivered conclusions. Is that a gross and purposeful falsification of a procedural document (for which the appropriate penalties under the law are provided) and failure to give a complete procedural possibility to fix the data inconsistencies in the comments to the protocol, or … – it’s hard to imagine what it is.

- In any case, the case was conducted with gross procedural violations. For the whole period there was not a single protocol for proper examination, and the judgement of the court (together with its reasoning part) was delivered not taking into account protocol data, as these documents simply do not exist in the case file”, – states human rights activist.

- It should be noted that in spite of all participants of the process knew Belarusian language, the applicants were denied the proceeding in Belarusian. In addition, starting from the first session of the court it was clear (it should be fixed in the protocol, which still has not been seen) that the representative of the Executive Committee does not know herself how to run the requirements of p.5 of the Executive Committee’s solution (a complicated pun but it says a lot!). It was also clear that the Executive Committee made the decision on non-considering the appeal for picketing – without any doubt it contradicts the Law “On Mass Events in the Republic of Belarus”. In this situation, with such a large number of documentary evidences, the required by the Executive Committee judgment – is now a big problem for Zhodzina Executive Committee itself, and it becomes visible to the directly subordinated to it Zhodzina Court – says Aliaksei Lapitski.

The truth, whatever bitter it was for officials, will still be recognized and announced, and manipulators of law and violators of oath will be punished by law. Time brings the future. And the future is with the truth. That is – with all of us. It is with those who are suffering today from arbitrariness of officials and lack of professional independent judiciary in the country. We only need to gain endurance and patience, and to enjoy every new day, especially during holidays. The lie is every day approaching its sad ending. And the truth and the future every new day are inevitably approaching revival and prosperity – they are on our side and are always with us.

Attachements:

1) The cassation complaint of 01.03.2014

2 ) The appeal attached to a cassation complaint

Ales Volny
Belarusian Legal Portal
by.prava-by.info

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