No case, no justice abuse?
The PACE’s resolution was passed on April 15 following a report by Christos Pourgourides (Cyprus, EPP/CD). The resolution noted that numerous abuses of the criminal justice system had been observed in Belarus over the past several years. Several opposition leaders went missing; peaceful demonstrators were brutally beaten by the police; the operation of non-governmental organizations is regarded by courts as a felony offense. PACE’s Legal Committee called to stop this practice and to abolish unjust laws. The resolution was approved by 56 delegates, with 11 voting against and 2 abstaining.
The European Radio for Belarus approached the Belarusian courts for comments over the resolution. But it turned out that the judges knew nothing about either abuses or the passed resolution. Viktar Yatsko, an aide to the chairman of the Minsk Regional Court, confessed to the European Radio for Belarus that he would be interested in reading this document.
“This resolution was not published in the newspapers that we are subscribed to. I would like to read it. How was the rapporteur? The Greek? Pourgourides is his name, I guess? Did he provide the facts, because any resolution should be based on something? If I read it, I could possibly say something in this regard. I can express my civic position after 6 p.m. when the working day is over”, he said.
Ruslan Huryn, an aide to the chairman of the Hrodna Regional Court, does not know anything about the PACE resolution. But he says he has not read anything in the Belarusian newspapers about the abuse of justice by judges. So he made a conclusion that there were no abuses.
“I have not heard any reports from our media that our judges abuse the justice, etc. Our judges do not abuse their office. This is a simple answer as my comment for you”.
When asked what he would say in respond to European parliamentarians’ claims that judges in Belarus abuse criminal justice, Anatol Tozik who serves as a deputy chairman in charge of criminal justice at the Homel Regional Court said that he would invite such a parliamentarian to his office. Sviatlana Akulava, a deputy to the chairman of the Minsk City Court, complained that she was not briefed about the PACE resolution and noted that one could talk about abuses only when a criminal case in this regard is opened.
“Every fact of abuse is a criminal offense. One can talk about abuse when there is a criminal or other case. Otherwise, these statements are unjustified. When there are abuses, there are criminal cases. If there is no criminal case, there is no abuse”, Akulava said.
The European Radio for Belarus reminds that the Parliamentary Assembly of the Council of Europe called in its resolution on Belarus to set moratorium on death penalty and abolish Article 193-1 in the Penal Code of Belarus which envisages criminal prosecution for acting on behalf of an unregistered organization.
The resolution appeals to Belarusian judges, prosecutors and police officers to show courage and imagination in order to mitigate the effects of this legislation. It is pity that this appeal has not reached the Belarusian judges.
