Afgelopen week heeft rechter Volha Husakova van het het Maskouski district van Minsk de klacht van de weduwe van de geweldadige ontvoering van cameraman – van de zender ORT  – Dmitry Zavadsky afgewezen.

Bron: www.charter97.org

According to the Criminal Code, insult of state symbols is punished by a fine or public labour, or corrective labour for a term of up to two years, or an arrest for up to three months, or restriction of freedom for up to a year.

Appeal

Svyatlana Zavadskaya is to appeal against the ruling of the chairman of Minsk city executive committee Mikhail Tsitsyankou of June 30, 2008 who banned a picket on July 7, 2008, on the anniversary of Dzmitry Zavadsky’s disappearance.

“On June 18, 2008 Svyatlana Zavadskaya filed an application to Minsk city executive committee with a request to authorize a picket on July 7, 2008, on the anniversary of Dzmitry Zavadsky’s disappearance. Svyatlana Zavadskaya was an organizer of the picket, and she accepted related obligations.

The aim of the picket was to attract attention of the public to the demands about real investigation the cases of the disappeared pubic leaders in Belarus, and a demand to accept and ratify the International Convention for the Protection of All Persons from Enforced Disappearance by Belarus. The place for holding the picket was Freedom Square in Minsk (on the square near the City Hall), 7 p.m. – 8 p.m. the planned number of participants up to 50 persons,” the appeal states.

On July 2, 2008 Svyatlana Zavadskaya received a letter signed by the deputy chairman of Minsk city executive committee M. Tsitsyankou about prohibition of the rally.

“Holding a picket with about 50 participants at the spot near Minsk city hall would get in the way of the traffic and passers-by near the houses, sidewalks and streets next to Minsk city hall,” Tsitsaynkou wrote.

Protest

Svyatlana Zavadskaya found the denial of Minsk City executive committee unlawful and infringing the right for assembly.

“It is impossible to imagine a protest rally in the city which wouldn’t hinder at least pedestrians. It is a natural difficulty accompanying any protest rally. To ban a picket on the grounds that it would impede pedestrian traffic is obviously an arbitrarily decision concerning towards citizens who want to express their opinion.

As for justification that the picket would impede traffic, it is a fantasy (unsubstantiated statement) of the deputy chairman of the city executive committe,” Svyatlana Zavadskaya said.

Dzmitry Zavadsky’s widow demanded the court to reverse the illegal decision of Tsitsyankou and obliged Minsk City executive committee to authorize holding the picket.

Trial

Minsk city executive committee was represented by the head of public events department of ideology work directorate Eduard Tamilchyk, and a lady who was sitting silent for almost the whole process.

It should be noted that producing his arguments to the court, Eduard Tamilchyk several times mentioned that Svyatlana Zavadskaya took part in mass events many times, including unsanctioned rallies, and there were incidents between her and policemen…

Svyatlana Zavadskaya said that she didn’t understand why Tamilchyk emphasized the facts which were beside the point.

“It is not the first time we meet with Mr. Tamilchyk in the court. At one of the court sessions I explained to this official that my “incident with law-enforcing agencies” was when riot policemen overstepped their authority, and one of them stroke me in the face.

I addressed the prosecutor’s office. Riot policemen tried to prove that it was I who attacked them. But finally the court didn’t bring to responsibility them or me. I do not understand why Tamilchyk underlines the things that are beside the point. My reputation cannot be the reason for denial of a sanctioned picket. I would like to look at the actions of this official in case somebody from his family would have disappeared,” Svyatlana Zavadskaya said.

Judge Volha Husakova decided that Tsitsyankou hadn’t violated the law by banning the picket. That is why the appeal of Svyatlana Zavadskaya was dismissed.

Svyatlana Zavadskaya: I will address UN Human Rights Committee if needed

Svyatlana Zavadskaya plans to appeal against the decision of judge Husakova in higher court.

“I think that the decision of Minsk city executive committee is illegal and that the Law on mass events contradicts the Constitution, which guarantees citizens of Belarus right for peaceful rallies. And the Law on mass events gives officials a possibility to ban rallies on far-fetched reasons. I would like the practice of prohibition peaceful rallies to be stopped in Belarus. But unfortunately our courts remain dependant on the regime as they were before. It is very difficult to redress injustice, but I do not lose hope. If it would be needed, I will address the UN Human Rights Committee,” Svyatlana Zavadskaya said.

As we have informed, cameraman of the Belarusian office of the ORT TV channel (Russia) Dzmitry Zavadsky went missing on July 7, 2000.

On that day the journalist arrived to the airport Minsk-2 to meet his colleague Paval Sharamet. But when leaving the plane, Sharamet found just an empty car on a parking place. Since that time there is no information about Zavadsky.

In 1999-2000 the first Vice Speaker of the Supreme Soviet of the 13th convocation, chairman of the Central Election Commission Viktar Hanchar, a businessman and public leader Anatol Krasouski, former Interior Minister Yury Zakharanka later turned into an oppositional politician. There is no information about these people.