New trial in Nina Bahinskaya case: fine of 20 basic units

On February 20 the court of Tsentralny district of Minsk held a reconsideration of the administrative case of an activist Nina Bahinskaya.

As it was informed earlier, the 67-year-old activist was charged with participation in an unsanctioned mass event on January 22 in front of Taras Shevchenko monument.

For this rally Nina Bahinskaya was punished by the court of Central district of Minsk by a fine of 20 basic units under Article 23.34 Part 3 of the Administrative Code (participation in an unsanctioned mass event, committed for the second time within a year), Viasna human rights informs.

However, when the complaint of Bahinskaya filed against the ruling of the Central court of Minsk to the city court of Minsk was considered, Judge V. Kamisarau came to an unexpected conclusion that “proceeding from the statement of reasons for the ruling of the court in the case of Bahinskaya it follows that it had not been established exactly, in which event she had been taking part on January 22, in an unsanctioned meeting or in an unsanctioned picketing.”

That is why the city court of Minsk issued a ruling that the case of the activist is to be forwarded for reconsideration in the same court, and that the previous court ruling should be annulled.

Judge Viktorya Shabunya, who considered the administrative case in the same court of the Central district, when she established the guilt of Bahinskaya, proceeded from the fact that while she knew the factual materials of the case, presented them to the court from the favorable side:

“The court believes that the arguments of Bahinskaya that she had not been taking part in the unsanctioned picket, but openly and peacefully expressed her civil position in the framework of the law currently in force to be in opposition to the facts…

As she knew the materials of the case on administrative violation, and its evidence, and knowing the circumstances of the offence committed, Bahinskaya presented her story in the most favourable light. She tried to present the situation and to interpret the law to her best advantage…”

Thus, Judge Shabunya came to a conclusion that there are no grounds to relieve Bahinskaya from administrative liability, and ruled to fine the activist 20 basic units (Br3,600,000).

Nina Bahinskaya has not agreed to this ruling of the court of the Central district, and with the assistance of human rights watchdogs of Viasna she is going to appeal against the ruling on the fine at a higher court.