Viciebsk human rights activist, Paul Levinau, who continues to fight in court for the right to publicly express his opinion, faced with an unusual argument from the judges panel of the Viciebsk regional court refused to satisfy the complaint of a human rights activist, basing its decision on... Wikipedia's definition.
With the cassation complaint to the Judicial Board on Civil Cases of the Viciebsk regional court turned human rights activist in July. A fighter for civil rights contested decision deputy chief of staff of the Railway District of Viciebsk Natalia Lepeshkin which denied him in the conduct of December 12, 2014 a mass event – a performance in the form of photographs near the uninhabited house number 39 on the Illinski street in Viciebsk.
In his complaint Mr. Paul pointed out that the judge of the Railway District of Viciebsk Svetlana Vorotynskaya refused to recognize his claim to be held in the city all kinds of events without permission. Human rights activist wrote that the decision of the lower court disagreed, finding it illegal and ungrounded. With full confidence in the correctness Levinau tried to convince the members of the board that photographing people is not a mass event, and therefore does not require the consent of the local authorities. Thus, he comes to the conclusion, the participants of the performance are not offenders and are not subject to administrative punishment.
However, the judges of the regional court, which considers complaints of human rights activist, having examined the materials of the case and examining the arguments set out in the complaint, decided that the complaint will not be entertained.
Justifying his controversial verdict, members of the board – Judges Marina Ostrikova, Tatiana Matushaykes and Natalia Khil'kevich referred to the infamous decision of Viciebsk City Executive Committee №881, which requires applicants events concluding agreements with the police, doctors and communal services before obtaining permission for their conduct. As qualified lawyers, judges know that the decision №881 laid absurd demands to the organizers of the shares in the conclusion of contracts, but they turn a blind eye to any legal absurdity in order to rein in government opponents.
To strengthen his argument in favor of the performance if a mass event, the panel of judges turned to Wikipedia.
Perhaps even schoolchildren know that Wikipedia is a universal encyclopedia, not a dictionary of legal terms. It belongs to the online edition of the American non-profit organization "Wikimedia Foundation" and is not an official recognized source of reference information.
The main feature of this encyclopedia is that to create and edit the materials in it any person who complies with certain rules. Reliability and accuracy of Wikipedia articles cause distrust among professionals, and therefore its use in the practice of law is unacceptable.
But the board of judges is not confused, and they are in his ruling wrote the following:
"According to information posted on Wikipedia, performance (also commonly used choice name – performance, Eng. Regformance – performance, performance, performance) – a form of contemporary art, in which the product up action artist or group in a particular place at a particular time. For the performance can be attributed to any situation involving the four basic elements: time, space, the body of the artist and the attitude of the artist and the viewer.
Under these circumstances, and taking into account the content of the statement Levinau PI, with the approval of the last of what they claimed event is not widespread and is not regulated by the law "On mass events in Belarus" cannot accept."
Thus, despite the fact that the legislation does not address how performance of any type of mass event, the Civil Division of the Viciebsk regional court, based on the definition of Wikipedia, took the liberty to reckon performance events.
After the decision of cassation decision of the judge Vorotynskaya of the Railway District of Viciebsk entered into force. But there came an unexpected circumstance that may relate to, as they say, everyone. Because now all the participants of photographing in Viciebsk, such as family gatherings or corporate events, which are unique performances, automatically become participants in the unlawful government events and, according to the administrative law shall be punished by a fine or a short prison up to 15 days.
Vitebsk Spring
