Volha Zavadskaya Demands from Prosecutor’s Office of Republic of Belarus to Renew Investigation of Disappearance of Her Son in Connection with New Circumstances
Volha Zavadskaya, mother of the ORT cameraman Zmitser Zavadski who disappeared in July 2000, filed to the Prosecutor’s Office of the Republic of Belarus demand to renew the investigation of the case, brought on disappearance of her son in connection with new circumstances and interrogate A. Lukashenka as a witness. On August 4 the appeal was accepted to the Prosecutor’s Office of the Republic of Belarus and registered by the state prosecutor Barys Zhyldzetski.
In the demand it is stated:
At the press conference of 20 July 2004 President of the Republic of Belarus A.G. Lukashenko made a statement concerning the criminal cases, brought on the facts of disappearances of citizens of the Republic of Belarus, including my son Dmitriy Zavadskiy. In private, A.G. Luashenko stated (shorthand record of the press conference of Aleksandr Lukashenko of 20 July 2004 http://president.gov.by/): “What surprises me: if the relatives worry so much, why don’t you come to me. One person came to me, woman, you know the reason why I can’t call her surname. She came to me, I accepted her. She asked me about one man, I again don’t call his surname. I was impressed by this woman. She’s brave. I spoke with her for three hours and showed to her certain documents. If I gave publicity to them now, Zavadskiy’s case would turn into “anti-case”. By the way, it’s my only pain – Dima Zavadskiy. I am also very interested to find about the fate of this man.”
The preliminary investigation of the criminal case on the fact of disappearance and forcible kidnap of my son Dmitriy Zavadskiy that was conducted by Prosecutor’s Office of the Republic of Belarus ended with passing of the case to court.
On 14 March 2002 Minsk Regional Court issued its verdict and found V. Ignatovich and M. Malik guilty of having kidnapped my son. Both of them received life sentence. I was confessed victim on this case by the investigation.
In connection with the statements of A.G. Lukashenko I have reasons to consider that the organs that conducted the investigation and the court didn’t investigate the case materials to the full extent and interrogated all witnesses. This statement lets me think that A.G. Lukashenko is a witness on this case as he possesses factual information and documents that can be of great importance for the case. Judging by words of A.G. Lukashenko, these materials have neither been given publicity to nor investigated. Words “But if I gave publicity to them – Zavadskiy’s case would turn into anti-case”. By the way, it’s my only pain – Dima Zavadskiy. I am also very interested to find about the fate of this man.” point that these materials have relation to the disappearance of my son Dmitriy Zavadskiy. I also don’t know who was the woman who applied to A.G. Lukashenko concerning the question of disappearance, Heither me, nor the widow of my son Svetlana Zavadskaya applied to A.G. Lukashenko on this issue.
I think that the abovementioned facts give reasons to renew the investigation of the criminal case in connection with new circumstances.
According to part 2 of article 420 of the Criminal Process Code of the Republic of Belarus, reasons for renewal of investigation can be statements of citizens and information from duty officials, one of which is A.G. Lukashenko.
Due to the fact that there is information about existence of documents that haven’t been investigated by the court, I, being guided by part 2 of article 420 and part 2 of article 418 of the Criminal Process Code of the Republic of Belarus, ask:
1. to hold prosecutorial check-up of the abovementioned facts.
2. to renew the investigation in connection with new circumstances in accordance with part 4 of article 420 of the Criminal Process Code if there are grounds for it.
3. to provide the applicant with motivation in the case of refusal from renewal of the investigation on new circumstances in accordance with part 5 of article 420 of the Criminal Process Code of the Republic of Belarus.