Condemnation Andrei Gaidukov is unfounded and politically motivated. This is stated in the joint statement of the Belarusian Helsinki Committee and the authorities closed the human rights center "Viasna".
Human rights activists say that the conviction of Gaidukov "largely was aimed at increasing the role and significance of the KGB in the State unacceptable in a democratic society, methods, and deprivation of liberty has been applied to the violation of the right to a fair trial, the other rights and freedoms guaranteed by the International Covenant on Civil and Political rights, the duration of detention is clearly disproportionate (inadequate) the offense of which the person has been convicted."
Authors of the statement require the immediate release Gaidukov, cancel illegally imposed sentence and revise it subject to the right to a fair trial.
Hajduk was convicted July 1 of Part 1 of Article 14 and Article 3561 of the Criminal Code (attempt to establish cooperation with the special service, security or intelligence agency of a foreign state). Vitebsk Regional Court presided over by Galina Urbanowicz was sentenced to one and a half years in prison.
As human rights activists, the prosecution Gaidukova began in November 2012 when he was arrested by the KGB and placed in the KGB detention center. November 13, 2012 the KGB spread information about the termination of the illegal activity of the citizen of the Republic of Belarus, which was engaged by a foreign intelligence collection and transmission of information, political and economic nature. Concerning the arrested was a criminal case under part 1 of article. 356 of the Criminal Code (treason in the form of intelligence activities). Already during the trial, the prosecution reclassified.
Human rights activists also have concluded that the preliminary investigation and the trial were completely closed and non-transparent, despite the increased interest in the case of the public and the media. In this case, the competent authorities have not given any justification for the consideration of the case in a closed court session.
"Given the fact that the first Gaidukov was accused of committing a serious crime (Article 356 of the Criminal Code - treason), and later his actions were reclassified to a less serious crime, it can be assumed that the need to address this matter in a closed trial was motivated by a desire to hide from the public unlawful methods of investigation and to provoke the accused in the commission of a serious crime, "- said in a statement.
According to human rights, such qualification offense by the court shows that the "KGB misled the public at the time, as the KGB did not reveal the fact of the establishment of a citizen of the Republic of Belarus of unlawful collaboration with the authorities of a foreign state." When prescribed circumstances KGB continued to decline Gaidukov to commit more serious crimes, ie committed a provocation, the statement said.
The statement authors also noted that the investigation violated the right to protection Gaidukov arbitrarily confined to his meeting with the lawyer. Contact with relatives was limited irregular, hard-censored correspondence. A measure of the impact of Gaidukov's lawyer was warning about criminal liability for disclosure of information from the preliminary investigation. "This measure, which is too broadly applied in practice, severely limits the ability of a lawyer to defend the interests of his client," - the statement says.
Human rights activists point out that the article was included in the 3561 Criminal Code of Belarus in November 2011. "Belarusian human rights activists had already pointed to the inadmissibility of the use of the criminal law of non-specific definitions, including permitting arbitrary or expansion of their explanation," the statement said.
At the end of May 2013 statement by the Chairman of the KGB Valery Vakulchik it became known that the criminal case against Gaidukov to the court, which will be discussed in a closed trial, the indictment did not change. According to human rights, "such excessive activity of the head of the KGB, not the prosecutor's office, which the prosecution in court, in the light details and prospects of the trial implied a possible KGB's influence on the findings and decision of the court proceedings." "The nature of the charges, taking into account the social significance of the case leaves no doubt that the consideration of it in court was to be held in compliance with the principle of transparency as prerequisites for its limitations provided by law, does not exist," - said in a statement.
Human rights organizations have also noted that the action of the commission which condemned Gaidukov belongs to the category of crimes, do not pose a danger to society. In relation to a person accused of committing it can not be used as a measure of restraint in custody.
"Analysis of the available data does not allow to conclude that a judicial sentence of imprisonment is warranted. In our view, the fact that a court Gaidukov guilty of attempting to commit a crime, a category that is not of great public danger, not before convicted, the court did not allow him to apply to the actual imprisonment. Thus, detention and conviction on the deprivation of liberty is arbitrary, "- the statement of the Belarusian human rights defenders.
Novopolotsk refinery operator "Naftan", the leader of the unregistered public association "Union of Young Intellectuals" Andrei Gaidukov was arrested Nov. 8, 2012. According to the investigation - "in the laying down of a cache with information of interest to foreign intelligence services." Representatives of the opposition and human rights activists associated with the prosecution Gaidukova his public activity. Protection activist convicted intends to appeal the verdict.
BELAPAN
