A Homel resident filed an appeal against the decision of Minsk's Maskouski district court.
Yury Rubtsou was sentenced to 25 says in custody. He went on hunger strike in the detention centre, but the jail authorities charged him 1,650,000 rubles for meals. Policemen seized his shirt with the text “Arrest me! Grounds? I am against Lukashenka”. They refused to return his shirt, so the activist was taken to a court half-naked. Yury Rubtsou thinks the actions by police and the jail staff were illegal. He filed a complaint to the Maskouski district court in Minsk. The court answered the complaint did not fall within its jurisdiction and refused to consider it, Viasna human rights centre reports.
Yury Rubtsou does not agree with the conclusion of the court. He thinks he was denied justice. The activist filed an appeal to the Minsk city court noting that article 60 of the constitution guarantees protection of the rights and freedoms of every citizen by a competent, independent and impartial court. Under the Civil Procedure Code, judicial protection cannot be denied to a citizen due to absence, incompleteness, controversy or ambiguity of a regulatory act. A court must consider cases based on the constitution and relative regulatory acts.
“The court refused to open a case referring to the inner rules of special facilities of the law enforcement agencies that execute administrative punishments in the form of detention. According to the court, the rules set another order of challenging actions of police officers. However, the rules do not provide the order of challenging actions of police officers that infringe on the rights of arrested people.
“I think the court's refusal to open a civil case on the ground of failure to fall with the jurisdiction of the court is not based on constitutional norms that guarantee judicial protection of a citizen's rights and freedoms and on articles of the Civil Procedure Code,” the activist wrote in the appeal.
He asks the Minsk city court to overturn the decision of the Maskouski district court and give his complaint to another judge of the same court.