Controversial decision by Prosecutor’s Office: every law has a loophole
The politically motivated draft of a number of youth activists brought forth several extremely disputable legal issues, e.g. the arrest of Zmitser Khvedaruk on 28 January, resulting in his imprisonment for participating in the 1 May rally in Minsk.
Article 13.6 of the Code of Civil Procedure specifies the terms of the enforcement of administrative sentences – 3 months. Thus, the imprionment of Zmitser Khvedaruk appears to be illegal, since it started over 8 months after the verdict was passed. Considering the above-mentioned fact, Khvedaruk’s lawyer Pavel Sapelka lodged a complaint against the detention with Minsk Pershamaiski Prosecutor’s Office.
In his reply to the complaint, Prosecutor Mliavy said that ‘under the circumstances indicated there appear to be no apparent violations of the legislation regulating the procedure of administrative proceedings by Minsk Pershamaiski Police Department policemen.’
However, he later says that ‘due to the introduced violation of Article 13.6 of the Code of Civil Procedure of the Republic of Belarus, Pershamaiski Prosecutor’s Office has addressed Chair of Pershamaiski Police Department with a demand to take adequate measures to prevent similar violations occurring in the future.’
Still, it is unclear what kind of address was sent to Pershamaiski Police Department…
Thus, Pershamaiski Prosecutor’s Office is knee-deep in phrase-mongering. On the one hand, there was no violation; on the other hand, Prosecutor Mliavy says there was.
The decision will be appealed at Minsk City Prosecutor’s Office.