May 17 in the district court of Vitebsk Railway was completed hearing on the case with a predictable result. Judge for yourself: ordinary pensioner sued for compensation once confiscated from her embroidery. However, it is a simple matter of common Vitebsk pensioner may have to Belarus is not only a political but also a huge economic impact. After all, behind the pensioner is not only true, but the Human Rights Committee of the UN.
The story began back in 2008 on Freedom Day. Antonina Pivonos recalls:
- The idea to embroider a prayer I was born a long time ago - not even 5 years ago. I then went and watched, I thought - how best to do it. Then I decided to do it exactly the Belarusian language - not in Latin and in Old ... Although for me it was very difficult because my nationality Ukrainian. And be sure to red thread on a white flax. It turned out quite long embroidery - about my height. Very difficult to embroider it. First, it was necessary to choose a font - I originally painted the entire book, then it was necessary to adjust the size of the ... Moreover, this is my first job and it gives a really difficult, especially for flax. Zalesskaya Elena, God rest her soul, took part in the making of this embroidery. The fact is that the embroidery was illuminated, so Elena forged her, hem the edges.
On the day (25th March 2008) there were a lot of journalists. Five years ago, on the day in Vitebsk was some confusion: police everywhere, and in plain clothes were. On that day, together with us (Zalesskaya, Khamaida) detained and Borshevsky. But then no fuss, all was well and peacefully. When I gave Boris Khamaida embroidery - all have been asking - "Show me that there." Here I am, and it has deployed. Then he gave Boris - we saw where it will hang, hang her. So I went home. I even walked about 50 meters - and then the policeman comes up to me and says, "You're under arrest." I said, "And for what? '. He is to me and says, "When we get to the police station, you know - what." We went to the police department in "UAZ". Then with us and Borshevsky detained, but it almost immediately and released - as a journalist.
Minutes later made, the inspection made ... But although there is some clearance - I would call it compulsion to "voluntary" surrender of a white-red-and-white logo. For example, the same was Zaleskaya scarf. So it's a scarf - not draped flag. Then she took off nearly all - but the scarf stubbornly refused to take ... Frankly, knowing her character, I do not know how they filmed it with this scarf, but still they did it, I think that some fraud ... I remember when they scarf was, they said - can already dressed. For them it is - like a red rag to a bull. Then there were reports ...
Well, then - on the UAZ and were taken to court. Even in court, as I have proved that I had nothing, and I was detained even in time of the gift - to no avail. They said I was holding a tapestry with a prayer and so guilty. Prayer then confiscated to the state, and I was given two basic units. What kind of a country, where a prayer to the 70-year-old peace pensioners are worse than the latest bullies who used obscene language in public places. We really had no shouting and no one interfered.
Later, together with the Vitebsk human rights activist Leonid Svetsik we filed an appeal with the Vitebsk Regional and then the Supreme Courts. The result of all one and the same - a reason to change the sentence there. Having exhausted all the possibilities here, we have filed a complaint with the United Nations. And earlier this year, came the official answer in Russian to satisfy my complaint. We then and filed a lawsuit against the Railway District of Vitebsk. But it seems that our state and it is not a decree ... We will fight on - to submit to the General Prosecutor's Office and the Supreme Court.
It should be noted that the pensioner has filed a lawsuit against the Ministry of Finance of Belarus and demanded to compensate for her 7 million rubles: your embroidery is estimated at 5,000,000 (handmade, size - 0.9 x0, 64 meters, the period of performance - six months), and 2 million in non-pecuniary damages plus the costs of litigation. Law enforcement officials did not appear in court, as in those days took place in Vitebsk "Gazprom's corporate" "Torch" and probably like the rest of the city, everyone was on its service.
The representative of the respondent (Ministry of Finance) the claim is not recognized as an administrative case was not canceled, and, according to the Belarusian legislation, only in this case the payment is made. In addition, the Ministry of Foreign Affairs explained that the decision of the Committee on Human Rights is of an "advisory" in nature ...
The most eloquently expressed the essence of the debate Antonina Pivonos attorney Michael Zamalin. He said the following:
- The President of the Republic of Belarus has confirmed its commitment to the UN Human Rights Committee and confirmed its agreement to comply. But there is a contradiction between what is written Deputy Minister of Foreign Affairs and the HRC. The latter says that the state must comply. Today, we have to decide - what is more important for our country: our official approval or obligation of our state. The obligations shall be holy, inviolable and not distorted by any officials. After all, if the opposite will happen, then it turns out that the state waives all its obligations.
When we departed from the one we can not pay attention to anything else. A situation like when Hitler invaded the Roman demilitarized zone directly after swallowing all of their previous commitments. We are a democratic country, which is in the heart of Europe, does not have to emulate a scoundrel, branded history. The state can not until this fall. Indemnification - a requirement of justice. On one side of the scales - it damages, which the Treasury and recall should be ashamed, on the other hand - the authority of our state.
What about the position of the defendant: it boils down to is that the decision entered into force, not canceled and not subject to appeal. Yes, but keep in mind that all of this - our domestic laws. And the 8th article of the Constitution says that local law works when it meets in full and in no way contrary to international norms, which we approved, signed and acknowledged. Therefore, I consider the objections of legal casuistry, since priority is indisputable.
Unfortunately, the court decided not to use the authority of the Republic of Belarus: judge Valentina Kovaleva dismissed the lawsuit Antonina Pivonos, explaining his decision "unjustified."
Comments on the situation Vitebsk human rights activist Leonid Svetsik:
- This is the first such case in Belarus in the history of our country since the actual ratification of the Covenant on Civil and Political Rights. Unfortunately, our government does not actually make a decision on the allocation of compensation to the HRC. Apparently, the trial court simply did not want to take on that responsibility. It should, of course, understand that a positive decision on the matter after provoke a lot of lawsuits. And this is a loss. In addition, it would be a defeat - but the state is not accustomed to suffer defeat.
While on the other hand, suffers authority of the country. After all, international agencies say about it. This will be recorded in the Committee on Human Rights. The government does not actually perform its obligations - will be told that we refuse to carry out the decision of the CPC. It turns out that the documents are signed, commitments were made: a wish - fulfilling them, do not want - do not perform. Here is an example. As we enter into the WTO, the judicial system should be unquestioned in respect of international law. After all, if the courts will not listen to independent competent authority, then, for example, the same serious partners and investors are unlikely to want to go here. It turns out that this process is not only political but also economic effect that is very important for Belarus.
In the near future, Antonina Pivonos going to write the corresponding appeal to the Prosecutor General and the Supreme Court. Time will tell: how these authorities are concerned about the authority of the state to the international community.
“Our generation”
