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September 17th, 2002. Posted in News from Belarus

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Levaneuski demands to collect with pre-trial prison 15 million rubles

To pre-trial prison of October District Internal Affairs Department of Grodno is made the claim at a rate of 15 million Belarus rubles, on one million rubles for every day of arrest. We result the text of the statement of claim in court and the text of the statement addressed to the chief of District Internal Affairs Department October District Internal Affairs Department of Grodno.

In court of Lenin area of Grodno

 

The claimant: Levaneuski Valery Stanislavovich

 

The respondent: pre-trial prison October District Internal Affairs Department of Grodno, of Grodno of street Karbysheva 3

 

The sum of the claim 15.000000 (fifteen millions) rubles

The statement of claim

About contract cancellation on rendering of services

And indemnifications of moral harm

From 10.06.2002 till I under the court decision left administrative punishment in detention centre On data detention centre render paid services. Which it is not clear, but money takes from calculation one thousand rubles a day. I tried to find out, what services to me appeared, to give accounting, the documents confirming rendering of services, but was refused. That is infringement of item 5 of the law of Belarus “About protection of the rights of consumers” (new edition).

On my request to give accounting about given services – was refused, that is infringement of item 33 of the law of Belarus “About protection of the rights of consumers” (new edition).

According to one of workers of detention centre money from prisoners takes for a food, but I have gone on hunger strike and did not accept food since the given food was distributed with infringement of all sanitary norms, the people (vagabonds) who do not have the sanitary admission. The volume of food did not exceed pair of spoons of any slop (soup) and pair of spoons of porridge in dirty plates. Of 1,5*2 meters where there were 2-3 persons forced to accept food in the chamber in the size, there was a constant stench from decaying emptying (it was necessary to put in order natural needs directly in the chamber in full of holes 40 liter barrel, standing in the chamber). That is infringement of item 12 of the law of Belarus “About protection of the rights of consumers” (new edition) since the legislation, by sanitary norms and rules establishes other conditions at which should be accepted peeping, norms of the given food and its distribution.

I asked, that to me have provided a normal food, was ready even to pay in addition, but in infringement of item 22 of the law of Belarus “About protection of the rights of consumers” (new edition), me have been given up in replacement of the poor-quality goods (food).

As to other services, I remained them extremely dissatisfied. To me have was forbidden all 15 days to take a shower, a bath to sleep on a bed (I slept on a floor), did not give out pastel linen, the mattress, a pillow, illumination in the chamber practically is absent, for works did not deduce, daily walks have been forbidden, placed in the chamber abnormal and criminals. In the first night, in general to sleep it was impossible, since the tortures of the arrested person accompanied by blows and groans at night were carried out. (Under my statement, on the given fact, it agree the answer of Office of Public Prosecutor of October area of Grodno №53 from 07.08.2002, in the relation detective branches of criminal investigation department October District Internal Affairs Department Batyrhanov D.G. raises criminal case under item 426 p.3.of Criminal Code).

Nobody is checked at settlement in detention centre about diseases, at settlement in detention centre it is forbidden to arrested person to take a shower (bath), concentration of  people big, it was necessary to sleep on a floor a side by side with smelly bodies and to worry, not to pick up any infection.

I repeatedly in writing and orally complained of bad rendering of services during a finding in detention centre, but the administration of the given organization did not accept any measures.

For rendering of services I now demanded 15 thousand rubles with what I do not agree.

Moreover, I consider, that the executor and has not rendered me any services and in every possible way evaded from execution of the obligations on rendering of services.

I consider, that the executor in the course of rendering of services has brought to me strong moral sufferings poor-quality rendering of services (feeling of feebleness, shame, humiliation, fear for the health, the sufferings caused by illegal restriction of my rights: reception of legal aid, refusal to give the lawyer, an interdiction for meetings with relatives, the wife, children, an interdiction for the attraction right to work, the right to safety of health, the right to a high-grade and safe food, the right to reception of the information on maintenance conditions in detention centre, the right to answer reception in essence on my written and oral inquiries, a right to rest, a right to health protection, the right on favorable environment, etc.).

Viewing of telecasts, radio listening have been forbidden. They have forbidden to bring from the house the computer, the TV, radio and other personal things.

In a place of rendering of paid services (detention centre) there is no opinions and proposals book, a consumer corner.

In connection with the above-stated I consider, that workers of detention centre do to me moral harm at a rate of 15000000 (fifteen millions) rubles, at the rate of one million for every day findings in detention centre.

On the basis of articles 3,8,9, 11,12,15,16,17, 18,22, 30, 33, 43 of laws RB  “About protection of the rights of consumers”, item 152 of Civil Code RB and item 968 of Civil Code of RB and being guided by item 6 Civil Code RB

I ask:

- To terminate the public contract on rendering of services between me and detention centre

-Collect from the respondent 15.000.000 (fifteen millions) rubles as indemnification of moral harm.

- To suspend executive manufacture on collecting from me 15 thousand rubles for rendering of services in detention centre (executive manufacture is in court of Lenin area of Grodno) to the resolution of dispute in essence

The note: I for convenience result norms of the new law of Belarus “About protection of the rights of consumers” (new edition). Similar (duplicating) norms contain in old edition of the law of Belarus “About protection of the rights of consumers” (new edition) and Civil Code RB.

The attachment:

Copy of the inquiry on arrest serving

Copy of the statement of claim

Valery Levaneuski

To chief of detention centre October District Internal Affairs Department of Grodno, Grodno of street Karbysheva 3

 

Levaneuski Valery Stanislavovich

The statement

From 10.06.2002 till 25.06/2002 I under the court decision left administrative punishment in detention centre. On yours detention centre render paid services. What it is not clear, but money takes from calculation one thousand rubles a day. I tried to find out, what services to me appeared, to give accounting, the documents confirming rendering of services, but was refused. That is infringement of item 5 of the law of Belarus “About protection of the rights of consumers” (new edition).

On my request to give accounting about given services – was refused, that is infringement of item 33 of the law of Belarus “About protection of the rights of consumers” (new edition).

According to one of workers of detention centre money from prisoners takes for a food, but I have gone on hunger strike and did not accept food since the given food was distributed with infringement of all sanitary norms, the people (vagabonds) who do not have the sanitary admission. The volume of food did not exceed pair of spoons of any slop (soup) and pair of spoons of porridge in dirty plates. Of 1,5*2 meters where there were 2-3 persons forced to accept food in the chamber in the size, there was a constant stench from decaying emptying (it was necessary to put in order natural needs directly in the chamber in full of holes 40 litter barrel, standing in the chamber). That is infringement of item 12 of the law of Belarus “About protection of the rights of consumers” (new edition) since the legislation, by sanitary norms and rules establishes other conditions at which should be accepted peeping, norms of the given food and its distribution.

I asked, that to me have provided a normal food, was ready even to pay in addition, but in infringement of item 22 of the law of Belarus “About protection of the rights of consumers” (new edition), me have been given up in replacement of the poor-quality goods (food).

As to other services, I them too is extremely dissatisfied. To me it have forbidden all 15 days to take a shower, a bath to sleep on a bed (I slept on a floor), did not give out pastel linen, the mattress, a pillow, illumination in the chamber practically is absent, for works did not deduce, daily walks have been forbidden, placed in the chamber abnormal and criminals. In the first night, in general to sleep it was impossible, since the tortures of the arrested person accompanied by blows and groans at night were carried out. (Under my statement, on the given fact, it agrees the answer of Office of Public Prosecutor of October area of Grodno №53 from 07.08.2002, in the relation of detective by branches of criminal investigation department October District Internal Affairs Department Batyrhanov D.G. raises criminal case under item 426 p.3 of Criminal Code).

Nobody is checked at settlement in detention centre about diseases, at settlement in detention centre it is forbidden to arrested person to take a shower (bath), concentration people big, it was necessary to sleep on a floor a side by side with smelly bodies and to worry, not to pick up any infection.

I repeatedly in writing and orally complained of bad rendering of services during a finding in detention centre, but the administration of the given organization did not accept any measures.

For rendering of services from me now demand 15 thousand rubles with what I do not agree.

Moreover, I consider, that the executor and has not rendered me any services and in every possible way evaded from execution of the obligations on rendering of services.

I consider, that the executor in the course of rendering of services has brought to me strong moral sufferings poor-quality rendering of services (feeling of feebleness, shame, humiliation, fear for the health, the sufferings caused by illegal restriction of my rights: on legal aid reception, refusal to give the lawyer, an interdiction for meetings with relatives, the wife, children, an interdiction for the attraction right to work, the right to safety of health, the right to a high-grade and safe food, the right to reception of the information on maintenance conditions in detention centre, the right to answer reception in essence on my written and oral inquiries, a right to rest, a right to health protection, the right on favorable environment, etc.).

Viewing of telecasts, radio listening have been forbidden. Have forbidden bringing from the house the computer, the TV, radio and other personal things.

In a place of rendering of paid services (detention centre) there is no opinions and proposals book, a consumer corner.

In connection with the above-stated I ask:

1. To send in my address the list rendered by you to me of services

2. To send in my address accounting on the rendered services

3. To explain me why norms of a food in detention centre mismatch the established norms

4. To explain me why food in detention centre distribute persons not having the sanitary admission (prisoners)

5. To explain to me why a ware sink, contact to products (cutting breads, etc.) is carried out by persons not having for this admission (prisoners and vagabonds)

6. To explain to me why in detention centre there are no three meals a day

7. To explain to me why food intake is not carried out in specially established place

8. To explain to me why I forced to accept food in the chamber

9. To explain, why to me it has been given up in a separate food for which I was ready to pay in addition.

10. To explain to me why to me separately standing bed has not been allocated

11. To explain to me why to me have not given out bed-clothes, a pillow, a mattress and other sleeping accessories

12. To explain to me why at a premise in detention centre to me and other arrested persons it was forbidden to take a shower or a bath

13. To explain to me why in a current of 15 days it was forbidden to me to take a shower or a bath

14. To explain to me why to me it has been given up in a conclusion to works

15. To explain me why illumination in the chamber №4 below the established norms in 2-7 times

16. To explain to me why you broke concerning me sanitary norms (in the chamber in the size about 3 sq. meters contained three persons).

17. To explain to me why I and other arrested persons should be emptied in the chamber in not intended for this purpose full of holes barrel.

18. To explain to me why I was not authorized to get acquainted with finding rules in detention centre and order of rendering of services in detention centre

19. To explain to me why at reception in detention centre not to be spent medical survey of arrested persons.

20. To explain to me why to me have handed over the Decision about my arrest only 25.06.2002 instead of when it has been received.

21. To explain to me why to me prevented to sleep deducing of at night the arrested person and then tortured him at night with 10 for June, 11th.

22. To explain to me why the arrested person did not stand out boiled water but only water from under the crane

23. Why in one the chamber place administratively condemned, people of criminal offences suspected of fulfillment, mad, people sick of “delirium tremens”.

24. To explain to me why it was forbidden to me to watch TV and listen to radio.

25. To explain to me why to me have given up that from the house would transfer me the TV, radio, the computer.

26. To explain to me why to me it has been given up in contact to the lawyer in the first days of my arrest (I will remind, that the lawyer has appeared only after my relatives have employed the lawyer)

27. To explain to me why to me forbade seeing my wife and children who came to me in detention centre

28. To explain to me why the arrested person does not give possibility to visit a toilet room of 4-6 times in day (on biological requirements)

29. To explain to me why in the chamber there is a constant stench, the chamber is not aired and in it the temperature mode is not observed.

30. To explain to me why in the chamber in the afternoon practically there is no naturally an illumination

31. To explain to me why you do not organize leisure and rest of films administratively detained – display, the organization of concerts, the organization of sports competitions, sports hall visiting, viewing of telecasts, there is no library, there is no place and conditions where it is possible to esteem the book, the newspaper, to write the letter, to be engaged in self-education and increase of the intellectual level. Though possibility for this purpose in detention centre is available. For example, it is possible to equip one of chambers under a reading room. Or to allow administratively condemned visiting “the Lenin room” in the October District Internal Affairs Department which practically is empty. To allow administrative – condemned to be engaged in a sports hall together with militiamen or at stadium under militia supervision. For library I can give books.

32. To eliminate lacks specified in the given letter.

Yours faithfully Valery Levaneuski

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Note: Translated by means of machine translation. The original text in Russian is on a site www.levonevsky.org or www.levonevski.net
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