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January 6th, 2003. Posted in News from Belarus

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Valery Levonevski has directed the complaint to the public prosecutor of the Grodno area

Valery Levaneuski has directed the complaint to the public prosecutor of the Grodno area on actions of officials which have detained his minor daughter Ekaterina on January, 4th, 2003 in of the Lead. The complaint text is resulted more low.

To the public prosecutor of the Grodno area

 

Levaneuski Valery Stanislavovich

THE COMPLAINT
On action of officials

4.01.2002 in Lida by the employee of militia District Internal Affairs Department of Lida and Lidsky area approximately my minor daughter Levaneuski Ekaterina Valerevna (30.03.1987 of the river) at 9.40 has been detained. Her, against her will, delivered in police station, and, by any private car where have illegally withdrawn the passport and tried to select a mobile phone by means of rough physical strength, forbade to call. She has had time to phone about it to me, I as heard, how the man’s voice forbade it to speak with me by phone. I have then called chief District Internal Affairs Department of Lida and Lidsky area and have demanded to stop illegal actions concerning my child. Only after that, attempts to select phone have stopped.

In infringement of item 240 of administrative code employees of militia have not informed me on detention of my daughter, moreover, obstructed in it.

I have asked by phone of chief of District Internal Affairs Department of Lida and Lidsky area (2-27-81), on duty of District Internal Affairs Department of Lida and Lidsky area (2-02-02), to release the child since she has a passport and she was in support of the full age girl-friend. Especially, at me a lot of familiar in of the Lead on what I have informed chief of District Internal Affairs Department.

To me have answered, that the given question will be resolved within 10-15 minutes and the child will be released. Having called in twenty minutes to a daughter, I have learnt, that she is not going to be released. Moreover, to she have informed, that if the father will not arrive in the near future she will place in the children’s receiver – distributor.

The person on duty on District Internal Affairs Department of Lida and Lidsky area this information has confirmed. I have been compelled to ask to postpone court judicial session on a civil case, planned this day and have gone for the child. In District Internal Affairs Department of the Lida and Lidsky area I have arrived at 13.20. Has asked to give the person on duty to me for acquaintance the report of detention and other materials connected with the given case, but was refused.

I have asked to give explanatory why my daughter was going to place in the receiver-distributor. She was in support of adults; it had with them money, the passport. I.e. the bases provided by item 3 of POSITION about receivers-distributors for minors, for a premise in the receiver-distributor were not. Instead of explanatory’s was refused.

The written statement (is applied) the person on duty also has refused to accept, motivating it that the office at 14.00 will open, and there my statement will accept.
Approximately, in minutes twenty militias Rossejnik Julia Dmitrievna who has informed me that it is on duty today has come local policeman of ИДН, and she is engaged in case of my daughter.

She has informed me, that my daughter has made an administrative offence and leaflets are withdrawn from her. I have asked to acquaint me with the detention report. Was refused. Then I have asked to make on me the administrative report since responsibility in case the child makes an offence, lays on parents. Was refused.

Because at the child, according to militiamen, leaflets have been withdrawn, I have asked to give me the report of examination and the report (certificate) of withdrawal. Was refused. Only after explanations about legal consequences of their behavior, to me the copy of the report of infringements and withdrawal has been given out employees of militia.

Apparently from the given document, examination of the teenager-girl was spent, including, and persons of an opposite sex, without presence of the social teacher. There are no references in the report that at examination and withdrawal there was a social teacher.

Besides, my daughter forced to giving of explanations and indications. The compulsion fact is proved also by record in the report «infringements and withdrawal» from 4.01.2002 where it is specified, that and the signature she has refused a giving of explanatories. I.e. employees of militia originally tried to take explanations without presence of the social teacher. Then all the same have forced to explanations in the presence of the social teacher.

At 14.05 I have tried to hand in accompanied by Rossejnik Julia Dmitrievna the statement in office of District Internal Affairs Department. But the statement at me has refused flatly to take the woman who was in office. She has refused and to be represented, having declared, that she the employee of militia, a visor my passport and has started to call somewhere.

The major on duty has come and too the beginnings me to convince, that the resolution of chief District Internal Affairs Department and only is necessary then the statement can be registered. The chief on a place has not appeared, and it was offered to me to wait for it. In general and legislations on the reference of citizens in particular I did not meet such ignorance of the legislation for a long time, especially, in militia. I have left one copy of the statement to the person on duty.

Only after 14.10 children have been released and have given the passport.
I convinced, as the child has spent in District Internal Affairs Department more than 4 hours because of ignorance by employees of militia of the legislation of Belarus.

The daughter also has informed me, that asked to give her the lawyer, on what the employee of militia has answered her: «That you for bosh bear?» (Infringement of item 13 of Belarus «About the rights of the child»). So anybody also has not explained to the child of its right for all time of a finding in militia, to feed have refused.

On the maintenance of the report on infringement and withdrawals from 4.01.2003 to make comments very difficultly since the full delirium there is written. The “leaflet” copy is applied.
Some employees of militia behaved politely and correctly. But ignorance of laws has entailed following infringements of the law concerning the child:

1. False arrest of the girl of the teenager (there were no bases, the detention report is not made, the report on an administrative offence according to the current legislation is not made)

2. Illegal examination

3. Illegal, without registration, withdrawal of the passport for the term of more than 4 hours.

4. Power attempts it is illegal to take hold of phone

5. Refusal to the child in legal aid rendering (granting of the lawyer).

6. Not an explanation of the rights to the child at detention and interrogation.

7. Articles 11,13, 35 laws of Belarus «About the rights of the child», articles 240 of Administrative code

8. Attempt (threat) of an illegal premise in the children’s receiver-distributor.

Apparently from the above-stated employees of militia did not have legal grounds to detain and hold in militia my daughter more than 4 hours, to demand from me personal arrival to Lida, to place the child in the receiver the distributor, to withdraw a congratulation on New year – of “leaflet”. Actions of employees of militia have caused in the daughter small psychological stress, and at me bewilderment.

On the basis of the above-stated, I ask:

1. To inspect on the facts stated in the given complaint.

2. To make answerable the officials who have made illegal actions concerning my daughter.

3. To organize certification (training) of employees of militia of District Internal Affairs Department of Lida and Lidsky area, especially regarding observance of legality of detention of minors, the reference with arrested persons and their premises in the receiver-distributor, the organizations of office-work and the observance of the legislation of Belarus connected with the reference of citizens.

The attachment:

1. “Leaflet”
2. A report copy

06.01.2003 V.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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