At the end of last year, the head of the department of law enforcement and prevention of ATS Railroad Administration district of Viciebsk police major Alexander Rybakov had discontinued production in the administrative case against human rights activist Valery Misnikov. The reason for this decision – in the absence of acts of civil activist of an administrative offense.
According to the materials of the case, Valery Arkadevich was charged with insulting the assistant prosecutor of Viciebsk, a lawyer 2nd Class Sergei Sinitsky who could not clearly explain on what legal basis the authorities expelled him from the precinct election commission members.
It was checked for the presence of a human rights defender in the actions of the offense under Article 23.5 of the Code of Administrative Offences – insulting an official in the exercise of official authority. As part of the necessary proceedings was questioned himself Valery Misnikov. The human rights activist said that, indeed, in early September 2015, while on a personal reception at the Sinitsky assistant prosecutor, he had not received a clear answer to his own question, the prosecutor's behavior regarded as unacceptable and an employee at the same time used the word "inadequate". And Misnikov representative explained prosecutorial authorities why he used that word, and that it bears no evidence of abuse in the context of their relationship.
Nevertheless, Mr. Sinitsky informed about what had happened to his immediate superior – the prosecutor of Viciebsk Senior Counsellor of Justice Yuri Romanovsky, who in turn reported the incident to the Chief of Police of the Railway district of Viciebsk police colonel Alexander Cherniavsky. City Prosecutor considered that Misnikov struck his subordinates Sinitsky verbally insult, encroached on his honor and dignity, and asked the police officers to investigate the case within the framework of existing legislation.
In the course of the administrative process, he said Valery Misnikov request for linguistic expertise, which would give him a scientific assessment to determine the presence in them of profanity, obscene form.
The examination was assigned to the Deputy Director for Science of the Moscow State Scientific Institution "Research Center of Belarusian culture, language and literature," the doctor of philological sciences, professor Alexander Lukashanets.
Expert opinion, which was delivered to the administration of the Railway Police District of Viciebsk, says: "The words "inadequate", "unhealthy", "abnormal" does not refer to the indecent (obscene) vocabulary. In the words of "inadequate", "unhealthy", "abnormal" no linguistic features abusive, deliberate humiliation of honor and dignity. Unfounded (unmotivated) use of the word "unhealthy" (in the values of the mentally ill, who behave inappropriately: strange) against a specific person can be perceived as a last offensive."
The decision to dismiss the case on an administrative offense is said: "From the expert opinion, it follows that the situation of communication and linguistic context (the protocol interrogation c. Misnikov V.A quite clearly explain why and how the value of their use of the words "inadequate" , "unhealthy", "abnormal") does not provide sufficient reason to believe the words "inadequate" , "unhealthy", "abnormal" insulting, humiliating or degrading c. Sinitsky S.V."
Valery Arkadevich can only congratulate the small but weighty victory in establishing the rule of law and justice in the proceedings of an administrative offense. He hopes that the story is a good lesson for the prosecutors and during the parliamentary elections – in 2016, they will stand on the side of the law.
"I did everything to ensure that the next elections will be held in strict accordance with the letter of the law to prosecutors to adequately perform their duties and prevent all violations of electoral legislation" – summed Valery Misnikov.
Leon Efremenko
