Baranavichy court refuses to consider Prosecutor’s protest on Milavidy Festival case
Viachaslau Bolbat in the Court of Baranavichy district and the city of Baranavichy during the consideration of the case of Milavidy Festival
An activist of the civil campaign "Tell the Truth" Viachaslau Bolbat received a letter from the court of Baranavichy district and the city of Baranavichy signed by Judge Taropina. It reports that the court returns back to the Prosecutor’s Office a protest against the activist’s complaint of the illegal ban on Milavidy Festival imposed by Baranavichy district executive committee.
On July 15, Judge Vera Uhlik found the actions by Baranavichy district executive committee as a legal action in the case of the ban on Milavidy Festival and therefore dismissed the complaint lodged by Viachaslau Bolbat to challenge the actions of the public authority.
However, a week after the trial the activist received a copy of a cassation protest written on behalf of Baranavichy inter-district Prosecutor Aliaksei Bildzeika and sent to the judicial board on civil cases of the Brest Regional Court. In this protest, the Prosecutor argued that the court's decision was illegal because "the court did not take into account the applicant's claim over the essence of the claim." In this regard, the Prosecutor asked the court to reverse the decision of the Court of Baranavichy district and the city of Baranavichy of July 15, 2013.
“For us, the Prosecutor's cassation protest was a big surprise, as no representatives of the Prosecutor’s were present at the trial and I did not write a complaint to the Prosecutor's Office against a biased decision. It is clear that we were hoping for a judicial review of the illegal ban on Milavidy Festival imposed by Baranavichy district executive committee,” said Viachaslau Bolbat.
But, according to the letter from Judge Taropina, the City Court will not follow the decision of the Baranavichy inter-district Prosecutor's Office.
“If the case of the ban on Milavidy Festival is considered, as advised by the Prosecutor, in its essence, it is obvious that it is necessary to reverse the decision of the executive committee. We as organizers of this cultural event, met all requirements of the law, and the court is well aware of that. But our court is now so dependent on the executive power, that it cannot take such a bold and legal judgment,” says the activist.
