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November 3rd, 2007. Posted in News from Belarus

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How it is possible to lead judicial check on the destroyed administrative case?

Such question was set by Valery Levaneuski to Minister of Justice of Belarus. The leader of entrepreneurs has received two mutually exclusive answers. One answer is from chairman of Lenin court of Grodno in August, 2007, another from the vice-president of the Supreme Court of Belarus in October 2007.

Valery Levonevsky has appealed against in the Supreme Court against one of the penalty in the form of arrest for 15 day, imposed him for the organization of mass meeting in 2004. And, at inquiry in Lenin court of Grodno he has received the answer №6015 from 8/3/2007, that to give the information on administrative case they can not, since case is destroyed in connection with expiry of the term of storage and correspondence on this question is stopped.

And the Supreme Court of Byelorussia in the answer from 9/21/2007 №02a-449 approves to the leader of entrepreneurs, that it has checked up materials of administrative case and consider, that penalty is imposed correctly.

Nothing surprising, that the Supreme Court has supported the colleagues from regional court and has left the decision about attraction to administrative arrest in force.

Another is surprisingly – it is possible to study administrative case when it is destroyed. Valery Levaneuski has addressed for explanations in the Ministry of Justice, to chairmen of Lenin court of Grodno and the Supreme Court of Byelorussia. Valery hopes, that men of science will explain this paradox.

May be everything is much easier? Judges formally concern to performance of the official duties, do not read complaints of citizens and are engaged in formal replies. For what then the state contains them?

Valery Levonevsky has appealed against penalized on him in the form of administrative arrest in the commission of the United Nations under human rights. In the given complaint it is marked not only illegality of imposing of penalty, but also miracles of the Belarus justice with revival of the liquidated administrative case.

Note: It is known, Valery Levaneuski has been accused of the organization of peace meeting on May, 1st, 2004 in Grodno and to him the maximal administrative punishment in the form of 15 day of arrest is appointed. 5/1/2004 prior to the beginning of meeting he has been detained and placed in an insulator. The court took place 5/3/2004. It was forbidden to Valery to use the lawyer. Judge Kozel N.G. has promised, having told: « You will recognize your fault – you will go home ». But, as it is usual, has deceived. Valery has received the maximal punishment for the organization of meeting on which he was not present. Valery judged directly in a building of Police station of Lenin area of Grodno. Session was secret; on the given process the judge has forbidden someone to be present, except for employees of KGB and militia.
These circumstances have essentially broken the rights of the politician:
- On the 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.

We lead endurances from the decision about attraction of the responsibility of the leader of the Belarus opposition.

THE DECISION

On May, 03rd, 2004

The judge on administrative cases and executive manufactures of court of Lenin area of Grodno Kozel N.G., at secretary Boguk T.F., with participation of representative of administration of Lenin area of Grodno Bozik V.S., having considered administrative business concerning

LEVANEUSKI VALERY, Not involved in the criminal liability, involved in the administrative responsibility on June, 10th, 2002 by the court of October area of Grodno on item 166-1 of Adminstrative code of Byelorussia to administrative arrest for 15 day, on October, 23rd, 2002 on p-2 item 167-1 of Adminstrative code of Byelorussia to administrative arrest for 15 day, on February, 15th, 2003 on item.172-2 of Adminstrative code of Byelorussia to the penalty at a rate of 66.500 blr.

About fulfillment of the offence stipulated p.2 item 167-1 of Adminstrative code of Byelorussia,

HAS ESTABLISHED:

Levonevskij V.S. during from April, 20th, till May, 01st, 2004 on territories of Lenin area of Grodno by means of son of Levonevsky D.V. distributed leaflets with appeals about carrying out of not authorized meeting on May, 01st, 2004 to Lenin’s square of Grodno.

LevonevskyV.S his fault has recognized completely. Besides own recognition, fault proves by the report on infringement of item 167-1 p. 2 of Adminstrative code of Byelorussia, the official report of the employee of militia Savko P.V., imputations of Nemera S.V., the report of withdrawal from May, 01st, 2004, leaflets, other written materials.

I see in his actions structure of the offence stipulated by item 167-1 p.2 of Adminstrative code of Byelorussia.

At purpose assignment of punishment I consider character of an offence, the person of the infringer, a financial position, a degree of fault, that earlier made similar offences, the circumstance softening the responsibility: frank repentance guilty, I will apply penalty in the form of administrative arrest.

On the basis of stated and being guided by item.261, 262 of Adminstrative code of Byelorussia

HAS DECIDED:

Levaneuski V.S on the basis of item 167-1 p.2 of Adminstrative code of Byelorussia is subjected to the official penalty in the form of administrative arrest for 15 (fifteen) day.

Term of arrest to estimate since May, 01st 2004, 09:30 minutes.

The decision final and by way of manufacture on affairs about administrative offences is not a subject to the appeal.

Then to Valery it has been charged with « the Insult of the president of Byelorussia » and 5/15/2004 he from chamber of isolation ward in prison has been translated in chamber of pre-trial prison. 5/18/2004 the leader of entrepreneurs has translated in insulator of Grodno’s prison. After a verdict in the form of two years of imprisonment served time in various prisons and colonies of Belarus. In application of amnesty and is conditional-prescheduled clearing it has been given up. It is released on May, 15th, 2006 on the ending of term of departure of punishment.

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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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