Court dismissed damage claims of Mikhail Hladky, illegally condemned to 8 years’ term

The man was illegally condemned and spent 5 years in a penal colony, and then 2 more years in the open-type corrective labour facility.

In 2003 Mikhail Hladky was illegally condemned for a murder of his brother for 8 years of deprivation of liberty, later the term was reduced by one year after an amnesty. In 2011 the real murderer was found, Eduard Lykau (Lykov), who was sentenced to a death penalty for 5 murders. As informed by BelaPAN, Mikhail Hladky demanded to cover material and moral damaged for the years spent behind the bars, however the court dismissed the claims.

The reason is the confessionary evidence of Mikhail Hladky after he was detained and forwarded to Navinki mental hospital. “The thing I feared most was to be found insane. I am a sane person. One can be released from prison eventually. And I feared to stay in the mental hospital,” he noted, stressing that during detention a policeman in uniform hit him several times by the butt of his machine gun.

Representatives of the Finance Ministry referred to Article 461 Part 2 of the Criminal Procedure Code and insisted that as Mikhail Hladky incriminated himself, damages are not to be paid to him. The same opinion was expressed by Prosecutor Alyaksandr Lyaukovich.

Under the law, the compensation for illegally convicted citizens is paid from the budget. Officials which had been related to a false accusation and verdict, are not financially liable.

Judge Alyaksandr Baryla (Barillo) supported the arguments of the state institutions and dismissed the compensation claims of Mikhail Hladky. The ruling of the court could be challenged within 10 days’ term. Hladky plans to take review against the judgement of the court.