"The pictures in the internet group of persons with paper cells and birds have generated a large amount of administrative work for the police and judges Zheleznodorozhny District of Vitebsk. It should be noted that in the process of judicial review and there have been changes in the charges of the participants in a photo shoot, and a part of the sentence," - said a series of lawsuits against participants in a photo shoot on a background of graffiti, which took place recently in Vitebsk, a human rights activist Valery Misnikov. He wrote about this in his blog on livejournal.com.
"During the trial, the administrative case against K. Mardzvincau chaired by Judge E. Tsygankova 01.12.2014 year, a prosecutor, a police major Rybakov, dropped the charges of violating the right to picket for the free expression of their social and political views, that is, recognize this right for the person called to account. And he left the charge of violating the procedures established order of holding mass events. But at the same police station, and in particular Major Rybakov, it was not possible to establish the artistic photo shoot organizer and author of the comment, and the person who placed on the websites of photos and commentary. Moreover, the judge in any of the trials have not established an organizer and performer of this performance, but in a police-like judges and — picketing," - Valery Misnikov said.
"Everyone held liable parties were represented by their photos with a group of people with cells and birds on the background of graffiti, ie as part of nature. That pose for a photograph at the request of a policeman, prosecutor Rybakov, five people (sitters) Judge D. Gubanov and E. Tsygankova subjected to administrative fines of 2.7 million rubles to 3 million rubles," - the Vitebsk human rights activist reminded readers of his blog about penalties imposed on participants in a photo shoot.
But especially angered Valery Misnikov latest court decision taken in respect of Peter Berlinov "Sixth sitter who became casual passer-by, a resident of the city of Vitebsk P. Berlinov, was immediately subjected to police three-day imprisonment... P. Berlinov himself in photography did not see violations ... On the contrary, wrongful acts he has seen recently by the police ... then demand the police and prosecutor Rybakov to the railway court on application to P. Berlinovu exceptional administrative penalties of imprisonment for three days, which he had already served, the judge granted the E. Tsygankova Order dated 03.12.2014 of the year. The judge once again, in favor of the police, ignored and enforcement of legislation, in accordance with its precise meaning, and the exact meaning of the requirements of Article 23.34. The Administrative Code and the requirements of Articles 2, 23, 33 of the Constitution of the Republic of Belarus".
"Prosperity zakononarusheniya Zheleznodorozhniy gramotonositelem court provided for the Protection of Human Rights and Freedoms, Chief Justice RK Lupenkova - says Valery Misnikov. - Since last perpetrated on the comments of the public, publicly violations of the substantive and procedural law judge E. Tsygankova December 1, 2014 reported that the comments and suggestions considered and found to be unsubstantiated. But while the response is not a word that Judge E. Tsygankova not write and read out from paper Decision to dismiss the disqualification of a judge. President of the Court found no violation of confidentiality shall, in which there was a secretary and of which the judge came out and went from office to office."
"From the rulings of judges D. Gubanov, Tsygankova E. and R. K. Lupenkova follows that they are not able to understand the principles and objectives of justice, the exact meaning of the Russian word" procedure "and, therefore, the disposition st.23.34. The Administrative Code of the Republic of Belarus ... P. Berlinov this event is not held. "Objective side" of human behavior, aimed at the destruction of the established order of the event. But it was not his event. As he approached the event has already passed. With the "subjective side" offense is characterized by direct intention. That is, the person realizes that his actions are illegal, and wants to make them. He, P. Berlin, "did not know what was going on, but saw people taking pictures, there correspondents, well-dressed, nice to speak Belarusian, they have bird." A state responsible official, administrator of justice E. Tsygankova, understood and 12.01.2014 year, and the year 03.12.2014 that his actions and decisions are illegal and unlawful, and desired them to make with respect to K. Mardzvincau, and in relation to P. Berlinova, and in relation to the state and society."
"It is clear that the judge is able to and obey, execute and procedural requirements of the police, contrary to the principles, objectives and justice requirements of Articles 2, 3, 6, 7, 14 of the Constitution of the Republic of Belarus. The presence of these trials (conducted by judges events) caused outrage, frustration and negative attitudes not only the judges, but also to the court as a whole", - concluded the human rights activist Valery Misnikov.
