2014 28/01

Human rights activists in Zhodino challenge ban of peaceful picketing in support of Ales Bialiatski and other political prisoners in Belarus. But Zhodzina Court demonstrates record procedural violations, including ones relating to the time limits specified by the Civil Procedure Code of Belarus for the preparation of Court Records.

So, in Zhodzina Court 2 months after the decision there still lack the necessary protocols on a social-political case about another arbitrary ban of peaceful assembly by Zhodzina Executive Committee. Still no one can familiarize themselves with them and challenge this negative decision of the court of 22.11.2013.

This decision was obtained by Judge Ivan Grynkevich on 22.11.2013 with the reasoning part of 29.11.2013 – it was presented applicants to familiarization only on 24.12.2013. And in the case file for the entire period of the trial (6 hearings) not a single protocol appeared (!).

Aliaksei Lapitsky and Sviatlana Lapitskaya, the applicants in the case, were forced to file appeal against the decision of Zhodzina City Court of 03.01.2014 without prior important procedural documents and actions. In this regard, human rights activists additionally appealed to the trial court to ask to provide them the necessary procedural documents and time to make comments on the report and filing an additional appeal.

In response Zhodzina Court delivered a judgement on 03.01.2014 in which the appeal had been left without movement until the payment by the applicants of the state duty determined by the court within 10 days “after the entry of the judgement into force”. But this court ruling of 03.01.2014 for some reason was registered in the office only on 09.01.2014 and was sent to the applicants within 12 days from the date of its adoption (on 15.01.2014). At the same time its implementation was appointed 10 days “from the date of its entry into force”. The judgement states that in case of failure to implement the judgment of the court within the appointed time “the cassation will be returned”.

Therefore on 20.01.2014 the applicants brought a receipt of payment of state duty determined by the court. The office of the court, in this case, explained that so far (more than 2 months after the decision, and 3 months from the beginning of the case procedure!) the protocol on the case has not yet been prepared for familiarization (!?), and when this documentation is prepared, the applicants will surely be reported about it properly.

Let’s remind, that the case of the prohibition of picketing in Zhodzina started on 01.11.2013.

Ales LETA
Belarusian Legal Portal
by.prava-by.info
Photo by A.Lapitsky

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