2014 28/11

On November 28 court of Leninski district of Minsk investigated the administrative case of deputy head of the Conservative Christian Party of Belarusian Popular Front Juras Bielenki and fined him for the amount of 30 basic amounts (4.5 million BYR) for the demonstration to the place of shooting of victims of Bolshevik terror on November 9.

Representative of human rights defender center “Viasna” Nasta Lojka who observed the court proceedings told that the proceedings began 30 minutes later – at 12 a.m. and there was also a change of the judge – instead of declared Nadzija Navickaja the case was investigated by Maryna Zapasnik.

The judge allowed all the requests of mister Bielenki (of the lawyer present, the examination of witness), but further denied to watch the videos from general meeting at the Minsk executive committee on October 27 and from the action in Loshyca.

The representative of Minsk executive committee Jury Uralski as at the meeting on November 17 proved the correctness of their decisions, however was rude a lot towards the lawyer and didn’t want to answer a number of questions of mister Bielenki, estimated them as incorrect himself. Mister Jury in court said that the measures of safety were coordinated on the meeting on October 27 (watching the video of which was not allowed by the judge), and also before the action on November 9, and that he wasn’t aware of the procedure of payment, and that they drew up the protocol on November 12, however the Conservative Christian Party of Belarusian Popular Front was obliged to pay for it during 10 days after the action. 

As the result judge Maryna Zapasnik recognized Jury Bielenki to be guilty of violation of legislation on mass events as a provider (part 4 article 23.23 of Administrative Code) and sentenced him to a fine in the amount of 4 million rubles.  

 “Absurdity of the situation lies in that on the one hand there is no regulated procedure of payment for measures of security for Main Internal Affairs Directorate of Minsk executive committee, on the other hand in conflict of such a demand from the provider by the authorities, because generally recognized standards of freedom of assembly provide positive duties of the state to guarantee maintenance of public order during public event and not the responsibility of providers. The latest universal periodical review of Human Rights Council for the year 2010 contains recommendation for the government of the Republic of Belarus to bring national law “On public events” in accordance with International Covenant on Civil and Political Rights. However since then the situation got only worse , there is no real right on peaceful assembly in Belarus, what is also symbolized by this case”, – says Nasta Lojka.   

We remind that it is the second fine for Juras Bielenki for providing mass events on the occasion of traditional commemorative date Dziady.

On November 17 court of Pierszamajski district sentenced him according to the same article to a fine in the amount of 20 basic amounts for demonstration to Kurapaty on November 2.

Quoting  spring96.org

Prepared by Ales LETA,
Belarusian Legal Portal,
by.prava-by.info

In photo: Juraś Bieleńki – deputy head of the Conservative Christian Party of Belarusian Popular Front

Fota: Alaksiej Łapicki,
Lićviny-INFA

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