Trade union activist appeals violations of trial procedures
Aliaksei
Paulouski has lodged an appeal to Mr. Maimusau, chairman of the main department
of justice of Mahiliou regional executive committee, to request an investigation
to bring Leninski District Court chair Halina Kuzhaleva to liability for
violation of procedures for the conduct of a court hearing.
Aliaksei
Paulouski also requests oblige her to make an additional decision to cancel a
decision by Leninski District Court of 19 October 2012 that ordered to recover
from the activist a state fee of 300 thousand rubles.
According
to Aliaksei Paulouski, Judge Halina Kuzhaleva not only violated the procedure
of the trial, but ignored his arguments and did not take into account the
evidence provided by the activist of the independent trade union of Radio Electronic
Industry.
The
reason for the trial were the words of Eduard Siankevich said during a TV debate
with Aliaksei Paulouski, when Mahiliou
Regional Prosecutor denied the fact of a collapsed wall at the construction of a factory for the production
of IKEA furniture. Aliaksei
Paulouski possessed photographs of the incident, and local TV made a story
about it.
In
addition, Prosecutor Eduard Siankevich rebuked Paulouski that he did not want
to be employed, that he was 53 years old, and he was still sitting on the neck
of the voters.
The
trade union activist considered the statements as an insult and filed a
lawsuit. He
requested the court to order Eduard Siankevich to pay him 10 million rubles for
moral damages.
The prosecutor himself did
not appear. He
presented his arguments in writing, read out by the Judge. She
suggested that there had been no spread of false information by Eduard
Siankevich, no one denounced the dignity and honor of Aliaksei Paulouski,
especially since it was the pre-election debates. The
activist is going to appeal the Judge's decision.
Human
rights defender Barys Bukhel says that Judge Halina Kuzhaleva violated a number
of mandatory procedures of the hearing. This was
the reason for the complaint.
“First
of all, Aliaksei Paulouski in his lawsuit asked the Judge to be released from
duties as an unemployed. The
Judge refused and stated that Paulouski had to pay a fee of 300,000 rubles, which
he did. However,
with announcement of the decision, she suddenly said that he had to pay another
300 thousand rubles. The judge
refused to answer the question why this was done. Under the
law, she was to clarify whether her decision was clear.
Secondly,
on October 18 Halina Kuzhaleva adjourned the trial till the following day. However,
when everyone appeared, she, to everyone's surprise, announced her decision not
to continue the trial without a declaration that she was to retire to the jury
room to decide.
Thirdly,
the court was provided with evidence that a wall collapsed at the factory under
construction and that the prosecution did not conduct an appropriate
investigation. However,
the Judge refused to issue a separate order for the prosecutors.
Fourthly,
the Judge accepted undated documents submitted by Eduard Siankevich. It is against the law. According
to it, they have no legal effect,” says human rights defender activist Barys Bukhel.