Judge Refuses To Arrest Oppositionist In Homel

Uladzimir Niapomniashchykh was detained on September 12 when he was going to Minsk to participate in the protest action against the “elections” results.

Two administrative charges made by the police against activist of the United Civil Party, ex-candidate for deputy Uladzimir Niapomniashchykh, were considered by the Chyhunachny district court of Homel on September 27.

The oppositionist was detained on September 12, when he tried to go to Minsk to participate in the protest action against the “elections” results. He was charged with swearing in public (Article 17.1 of the Administrative Code) and disobedience to the police officers (Article 23.4 of the Administrative Code). Niapomniashchykh pleaded not guilty, the BelaPAN news agency writes.

“I was on my way to Minsk, and just went out of a trolley-bus near the railway station, when the riot policemen seized me and dragged me to the car with no explanations. They delivered me to the Chyhunachny district police department. Later on, they wrote in the case materials that I allegedly used foul language, flapped my arms, gave no reaction to their reprimands and tried to run away from them. Me, the old man with a 10-15 kg backpack, tried to run away from those overstuffed muscleheads with fattened snouts?” — Niapomniashchykh told the journalists before the trial.

Judge Mikalai Bakunou considered the case. He declined almost all pleas filed by the UCP activist: on involvement of a lawyer of defense into the trial, on summoning the witnesses-policemen to the court hall, on extracting and viewing the records of the surveillance cameras and the dashboard camera on the police car.

“They deprived me of my legal right to any form of defense, refused to view the video-records, to summon the riot policemen to the court. I was forced to apply for the judge disqualification,” — Niapomniashchykh said.

This appeal wasn’t satisfied either, alongside with the plea to hold a psychiatric examination of the UCP activist.

“If I, totally sober, go out of the trolley-bus and swear in public, flap my arms and do not react to reprimands of the police, on my way to Minsk, well maybe there is something wrong with me and there’s a need to hold a psychiatric examination?” — the oppositionist suggested at the trial.

The administrative case contained also an appeal from the Chyhunachny district administration of internal affairs – they asked the court to punish the oppositionist with arrest as it wasn’t the first time he was subjected to administrative responsibility.

“This is pressure on the court. Have they already organized the “NKVD troika” system for the courts? Or even, if they did not send such paper to the public prosecutor, there are two actors in the scheme instead of three? — Niapomniashchykh said at the trial.

The judge resolved to consider him guilty and punish with a 3 base fees fine (Bn 63).

The oppositionist considers the court’s decision illegal and will appeal against it.

“Alongside with that, I think that the judge did a good thing. I believe he understands very well that I am not guilty, and punished me with a minimum. Yes, he did wrong, but he could have fined me for 50 base fees, or even arrest, so far so good”, — the UCP activist told.

HR defender Leanid Sudalenka underlined that the court decision should be appealed in all instances, including the UN Human Rights Committee.

“It needs to be done so that riot police wouldn’t meet mine and your kids in the street, setting unreasonable demands, giving false evidence in courts, fulfilling the orders of their superiors,” — the human rights defender clarified.