2014 28/11

There were court sessions in Czyhunaczny district court f Viciebsk for taking photos against graffiti.Everybody was found guilty in nonauthorized picketing.

Zmicier Kazakievicz and Alena Sciapanava were fined in the amount of 20 basic amounts (i.e. for 3 million rubles each), and activist of organizing committee of Belarusian Christian Democracy Party Alena Szabunia – in the amount of 18 basic amounts (which is 300 hundred less) taking into consideration the fact that she has three children and that she in unemployed.

In the middle of November there were protocols drew up on five journalists and civil activist from Viciebsk for supposedly taking part in a nonauthorized picketing. The single “evidence” in cases to which the policemen appeal is photos from websites which show several people against a graffiti. On November 28 there were court trials of three defendants in the case.

At 11.00 court trial of Zmicier Kazakievicz began. It lasted 20 minutes, says Zmicier: “I insisted that it was art photo session, art photo session, that I liked the graffiti on the wall and its’ art idea. The judge asked what the art idea was. I answered that it was just beautiful. The only evidence of the policemen was a text from the internet and a print out of technical data of the photo. During the trial he confirmed the accusation that was written in the protocol by him that it was a picketing.”

Judge Aliena Cyhankova made her decision immideately – 20 basic amounts, i.e. 3 million rubles.

After lunch cases of Aliena Sciapanava and Aliena Szabunia were investigated by Dzianis Hubanau.

Alena Sciapanava consider strange even the fact that how this case was opened. Major Rybakou who was present at the trial told how in two weeks after the photos were published on the internet there was an order received in Czyhunaczny District Department of the Interior from the Regional Department of the Internal Affairs to get through participants of the picket:

He told that he received all the papers of the case ready. And punishments were similar. Alena Shabunia got even 2 basic amounts less – considering underage children. And what about my case and Zmicier Kazakievicz’s  – the decisions are the same. I had a lawyer, the trial was long. And his case was investigated in 20 minutes, but the decisions are the same. And accusations are based only on suggestions of protocol by major Rybakou, who doesn’t hide his plea like “I suppose”, “I read that”, “I believe so because I think”…”

The court was loyal to Alena Szabunia taking into consideration miligating circumstances – underage children and that she is unemployed. As the result the fine for her is 2 million 700 hundred, not 3 million as for others. Alena Szabunia was also impressed by arguments of policeman Rybakou:”The police made a request to administration of Czhunaczny district whether we applied for holding a picket. The administration gave a reply that nobody made such an apply that’s why there was no permission for picketing. And that’s why we hold a non-authorized action. I asked: “show me the law which says that one needs permission for taking photos with their acquaintances?” There was no answer for this question.

On December 1 court sessions in Viciebsk will continue. The will be cases of journalist Kastus Mardzvincau and coordinator of organizing committee of Belarusian Christian Democracy Party Tacciana Sieviaryniec investigated.

We remind that human rights defender Paval Levinau is intended to receive an official reply for the question, weather it is possible to take photos in Viciebsk without permit from authorities.

Quoting www.svaboda.orgvitebskspring.org

Prepared by Ales LETA,

BelarusianLegalPortal,

by.prava-by.info

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