Vitebsk resident Peter Berlinov addressed with individual complaints to the United Nations Human Rights Committee, as he was, in his view, unfairly or unjustly subjected to short-term imprisonment in the administrative case.
The reason for this severe punishment was the random part of Peter in the group photographed on a street in the city. Judge Railway district court of Vitebsk Alena Tsygankova after police major Alexander Rybakov considered photographing public events, recognized Berlinov guilty and subjected to administrative detention for three days with the content of it in a temporary detention facility.
In his complaint Berlinov argues that he was the victim of action by the public authorities and organizations. So Peter says that the cassation and supervisory courts, where he complained about the referee's decision Tsygankova, considered the complaint against him. According to the applicant, the judge was biased Tsygankova. It clearly took the side of the prosecution and did not find out all the circumstances, the facts of the case, did not find objective evidence of his innocence and innocence.
According Berlinov, the judgment of the trial court is not fair. All participants of the photo shoot were punished with fines. And he alone for the same offense as the other (participation in picketing), was subjected to administrative detention. After all, this kind of punishment is regarded by society and the state as the most punitive, ie It is used only in extreme, special cases in administrative proceedings.
"Administrative detention is perceived by me as a punishment is not proportional to the act committed. After all, if my behavior is seen as a part in the picket, then my behavior was not infringed the rights and reputation of others. Besides, I did not encroach on protected state security, public order or morals. At least, I did not it was charged by the court ", – says Berlinov.
He believes that the state has been grossly violated his right to a fair, impartial and independent court. And show regret that the cassation and supervisory courts have not considered all the arguments he rehabilitative circumstances.
Peter Berlinov, offended the Belarusian State citizen who requests the Human Rights Committee to recognize its application admissible on its merits. He insists that the Republic of Belarus has been recognized by the infringer of the International Covenant on Civil and Political Rights, has eliminated all violations and restored his civil rights, as well as pay him moral damages in the form of monetary compensation.
Vitebsk Spring