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December 19th, 2007. Posted in News from Belarus

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The official is punished, the court of Lenin area of Grodno has apologized to Valery Levaneuski

The Ministry of Justice of Belarus and Court of Lenin area of Grodno have in writing apologized to Valery Levaneuski for unreliable information granting.

Let’s remind that Valery Levaneuski has directed inquiry to court of Lenin area of Grodno «about information granting on materials of administrative case», connected with punishment in the form of administrative arrest for a period of 15 days in May, 2004 for the organization of peace meeting in Grodno.

The court of Lenin area of Grodno has refused to give such information, motivating it that the given administrative case is destroyed. Valery Levaneuski has subjected to doubts of the statement of officials of court. After three months of correspondence he was found out, that case is not destroyed, and Levaneuski have been deceived.

In the answer of №03-39/l-3099 the chief of central administrative board of judicial bodies A.V. Izvarin informs the following:

Dear Valery Stanislavovich!

Your application which has arrived 23.11.2007 is considered by the Ministry of Justice of Belarus.

During the spent check it is established, that by preparation of the answer to your application from 30.07.2007 the by assistant to the chairman of court of Lenin area of Grodno it has wrongly been specified, that administrative case considered by court of Lenin area of Grodno 03.05.2004 is destroyed on the expiration of periods of storage, administrative case has been destroyed from 23.10.2002. The court of Lenin area of Grodno by the letter has apologized from 04.12.2007 for granting to you unreliable information.

I inform that the Ministry of Justice of Belarus sends the letter to court of Lenin area of Grodno addressed to the chairman of court about impleading to a disciplinary responsibility of the assistant to the chairman of court…. »

Valery Levaneuski hopes, that the given case will help to reduce formalism and negligence in judicial bodies by preparation by officials of courts of answers to references of citizens.

The attachment: the Letter of Levaneuski in the Ministry of Justice of Belarus from 19.11.2007.

The Ministry of Justice of Belarus

 

Levaneuski Valery Stanislavovich

The statement

About giving of explanations

20.07.2007 I have addressed in Court of Lenin area of Grodno with the statement for information granting on administrative case (the decision of the judge of Lenin area of Kozel from 3.05.2004), connected with imposing on me  the official penalty in the form of arrest for 15 days.

The answer №6015 is received from 3.08.2007, from which follows that they can not to give the information on administrative case, since case is destroyed in connection with the expiry of the term of storage and correspondence on this question by them are stopped.

Hardly later I in the Supreme Court of Belarus had submitted the supervising complaint to the given decision of court from 3.05.2004. The answer from 21.09.2007 02a-449 is received, from which follows, that my complaint is considered with check of administrative case.

Two given answers contradict each other since as one of them affirms, that case is destroyed, and  the second – that case was studied by the Supreme Court, and studied after its destruction.

Someone from officials of courts misleads me – or case is not destroyed, or it was not studied in the Supreme Court of Belarus. In the second case, to me they should return a State Tax.

In connection with the above-stated I ask:

1. To inspect on given fact and to give me the answer in essence. In the answer I ask to explain: whether the given administrative case is destroyed at the moment of its check in the Supreme Court in November, 2007 and if it is destroyed, what had been checked the Supreme Court?

2. To take the measures provided by the law on return to me of a State Tax at a rate of 31.000 rubles which from me was obtained the Supreme Court for giving of the supervising complaint.

The note: I have been accused of the organization of peace meeting on May, 1st, 2004 in Grodno and to me is appointed the maximum administrative punishment in the form of 15 days of arrest. 1.05.2004 prior to the beginning of meeting I have been detained and placed in an insulator. The court has taken place 3.05.2004. It was forbidden to me to use the lawyer. Judge Kozel N.G. has promised, having told: «You will recognize fault – you will go home». But, as usually, has deceived. I have received the maximum punishment for the meeting organization on which I was absent. I was judged directly in a building of Leninski District Internal Affairs Department of Grodno. Session was secret; on the given process the judge has forbidden someone to be present, except employees of KGB and militia.

These circumstances have essentially broken my rights:

- On open litigation;

- On fair proceeding;

- On using services of the lawyer;

- On a call and interrogation of witnesses;

- On granting of proofs of absence of the fact of an offence.

19.11.2007 V.S.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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