Homel Regional Court rejected a cassation complaint filed by a Narodnaia Volia reader regarding the refusal of the Chykhunachny Borough Court to consider the suit against the republican communications company Belposhta.
On 24 January Homel Regional Court chaired by Judge Lieanora Buiankov rejected a cassation complaint filed by Uladzimier Niapomniashchykh, a Narodnaia Volia reader, regarding the refusal of the Chykhunachny Borough Court to consider the suit against the republican communications company Belposhta.
The businessman Uladzimier Niapomniashchykh is a regular Narodnaia Volia reader. However, in the 17th post office of Homel he could not subscribe to the newspaper for the first half-year. The Belposhta catalog did not contain the Narodnaia Volia. According to the law “On Post Communications", Belposhta with its branches distribute mass media and must provide this service to any willing party on the basis of a public contract.
Mr. Niapomniashchykh filed a suit with Chykhunachny Borough Court. The reader believes that Belposhta and its branches have violated both his rights to use communications service and his constitutional right to receive information freely. Chykhunachny Court, however, refused to consider the suit filed by the Narodnaia Volia. It said that Belposhta is based in Minsk. So this case has to be taken to Leninski Borough Court of the capital.
The session of the regional court also agreed, rejecting the cassation appeal from the independent newspaper reader.
The suit filed by Mr. Niapomniashchykh demanded that Belposhta pay moral damages worth 100 million rubles. The size of the suit was explained by Mr. Niapomniashchykh as follows: “I can say that it is based on experience. A criminal (recognized by court as such) Iahor Rybakou had sued the Narodnaia volia for an article about Belarusian TV and Radio Company, demanding moral damages worth 100 million rubles. And this happened two years after the article was published. The Narodnaia Volia was ordered by the court to pay 50 million. If a criminal can receive so much, why cannot a law-abiding citizen require as much for violation of his rights? I want to read the newspaper I want. I want to known the truth about what is happening in Belarus”.