Homel: incompetency of judges or justice imitation?
For the last six months
the Belarusian Themis has been unable to find the issue of bringing a civil
case on appeal of the head of Homel regional branch of the Belarusian Leftist
Party "Fair World, Ualdzimir Siakerka, against his unlawful detrainment by
Homel border guards on 14 October 2012 in the border crossing point
"Tsiarukha".
Bear in mind that the border guards put Mr. Siakerka off the train
"Chernihiv-Homel", stating that he was in some "database on
errand of law-enforcement agencies". The same formulation was put in the
report on the incident. When Uladzimir Siakerka tried to find about the reasons
for the detrainment, he was charged with insubordination to lawful demands of
duty officials and subsequently fined by court.
Uladzimir Siakerka didn't agree to such situation and went to Savetski District
Court of Homel, on the territory of which the military unit of the border
guards, # 1242, is located. Judge Halina Sytsko refused to bring a civil case
and stated that the the case was to be considered by the military court in Babruisk,
as far as the defendants were border guards of the State Customs Committee.
It didn't matter for Mr. Siakerka who would consider the case, that's why he
applied to Babruisk Military Court with an analogical lawsuit. The head of the
court Uladzimir Hryharovich, accepted the lawsuit. However, at the second
hearing he came to the conclusion that it was to be considered by a civil
court.
Therefore a protest was filed to Homel Regional Court which was granted by its
deputy head, Vasil Belavusau. Thus, now Uladzimir Siakerka is waiting to be
summonsed to Savetski District Court again, and is also looking for an answer
what is more in his case – incompetency or imitation of justice?
http://gomelspring.org/