Volha Zavadskaya Sues Republican Prosecutor’s Office

Volha Zavadskaya sued to Republican Prosecutor’s Office with the demand to bring the criminal case concerning the disappearance of her son Zmitser Zavadski because on 20 July A. Lukashenka publicly stated he had materials that could turn Zavadski’s case into anti-case.

In her suit to Minsk Tsentralny Borough Court Volha Zavadskaya stated:

On 4 August 2004 I filed to the Prosecutor’s Office of the Republic of Belarus the application for initiation of criminal case on new circumstances upon part 2 of paragraph 4 of article 420 and article 418 of the Criminal Process Code of the Republic of Belarus on the criminal case about the forced kidnap of my son Zmitser Zavadski. At that time this application was registered by the state prosecutor of the Republic of Belarus Barys Zhyldzetski.

I still haven’t received motivated answer to this application as it is demanded by article 420 of the Criminal Process Code of the Republic of Belarus. I think that such actions of the Prosecutor’s Office of the Republic of Belarus violate my rights and inflict moral harm to me.

1. According to article 8 of the Law of the Republic of Belarus “About applications of citizens” the application was to have been considered within one month since the moment of its submission and within 15days if it didn’t need additional checking up and examination. In the case it is necessary to conduct special check-up or request additional materials, the head of the body, organization or enterprise that received the application, can prolong this term for up to two months and must inform the applicant about such decision. My application was filed on 4 August 2004. The term for its consideration ended up on 4 September 2004. I haven’t received nor answer, nor notification about prolongation of the consideration term.

According to part 3 of article 5 of the Law of the Republic of Belarus “About the Prosecutor’s Office of the Republic of Belarus” citizens have the right to receive explanations and information from prosecutors’ offices, familiarize with the materials that concern them after the end of the check-up or investigation. Those who think their rights and legal interests were violated by workers of prosecutor’s office, have the right to complain to supreme prosecutor or, in the stated in the law, to court.

In this case the Prosecutor’s Office of the Republic of Belarus rudely violated the norm of the Law “About applications of citizens” and the Law “About prosecutor’s office in the Republic of Belarus”.

2. Being guided by article 13 of the Law of the Republic of Belarus “About applications of citizens” the duty official of body, institution, organization or enterprise that is guilty of illegal refusal to consider application, violation of the terms for consideration of application without a good excuse, taking a decision that contradicts to the law bears responsibility, provided by the legislation of the Republic of Belarus.

3. Non-answering to my applications made me suffer morally, because the investigative bodies of the Republic of Belarus still haven’t given any answer about the fate and location of my son and use all possible ways to evade from the investigation of this crime that has already got wide public resonance.(…)

Being guided by the abovementioned and article 353 of the Civil Process Code of the Republic of Belarus and article 14 of the Law of the Republic of Belarus “About applications of citizens”, I ASK TO:

1. oblige the Prosecutor’s Office of the Republic of the Republic of Belarus to give motivated answer to my application of 4 August 2004;
2. exact the compensation of the moral harm and the sum of the state fee for the application to the court;
3. make private admonition to the Prosecutor’s Office of the Republic of Belarus concerning strict execution of the legislation of civil applications.