Kalinkavichy District Court punishes UCP activist Dzianis Rabianok with a fine
On 7 June the
hearings on the administrative case against the activist of the
United Civil Party Dzianis Rabianok finished at the Kalinkavichy
District Court. He was found guilty of causing bodily injury (art.9.1
CAO) and punished with a fine of 1 million rubles.
On 13
April, according to the activist, he suffered in a conflict with its
neighbor, who sprayed pepper spray into his eyes. The young man was
taken to hospital where an ophthalmologist diagnosed him with a burn
of the eyes. Meanwhile, ten days after it Dzianis Rabianok learned
that the police had charged him with violating Article 9.1 of the
Code of Administrative Offences by beating the neighbor.
The
young man filed a complaint with the head of the Kalinkavichy
District Police Department and the prosecutor of the Kalinkavichy
district, pointing at violations of the law on the part of the police
during the check-up on the incident. The violation report was drawn
up in advance, befor the The protocol was drawn up in advance, even
before the questioning of witnesses, which was stated by the police
inspector. The witnesses who could confirm the innocense of the
activist, weren't questioned. Dzianis Rabianok was not directed to a
forensic medical examination immediately after the incident, it was
done only a week later, on 19 April and without examination of the
victim. The local police inspector refused to hold a repeated
examination with a questioning of the ophtalmologist and the medical
attendant for getting a detailed description of his injuries.
The
head of the the police department did not even answer the complaint,
and the prosecutor responded that all his legal requirements would be
considered by the court. The court hearings were held intermittently
from 20 May to 7 June.
At the trial, Dzianis Rabianok
petitioned to summon witnesses to the incident: the ophthalmologist,
the medical attendant and the policemen who conducted the
examination. "As a result, the medical attendant and the
ophtalmologist confirmed that I received injuries and described them.
The testimonies of my witnesses were heard as well. However, the
court did not take this into account, and did not even consider the
question whether I was assaulted and any bodily injuries were
inflicted to me, including the burn of the eyes," pointed the
activist.
According to him, the court refused to summon the
police officers who held the check-up. The court ignored the fact
that the offender didn't present to the court the pepper spray, which
he had sprayed in the eyes of the young man, although it was
necessary to find out whether such sprays were allowed on the
territory of Belarus. The police didn't show any interest to the
spray during the check-up and didn't take it for examination.
According to Dzianis Rabianok, his case is "a kind of
illustration of the depravity of our system". "I I hoped to
ask the policemen all inconvenient questions: about the examination,
the refusal to question witnesses and the refusal of the DPD head to
consider my appeal. However, they weren't even summonsed to court.
It's a shame that that the court was not interested and the origin of
the pepper spray which was used for the attack – whether it was
legally allowed, where it was bought and why it wasn't taken for
examination. The court in fact did not take into consideration the
explanations of defense witnesses, but trusted to the only witness of
the accusation. It is quite surprising that the testimonies of the
medic and the medical attendant were ignored," commented the
activist.
Dzianis Rabianok considers himself completely
innocent and will appeal the ruling to the higher courts. He also
believes that all these events – the attack on him and further
administrative prosecution are directly related to his political and
social activities: an active participation in the work of the United
Civil Party and repeated participation in election campaigns at
various levels and social activities.