Valiantsin Stefanovich: nobody conducts investigation in such a way

2010 2010-09-10T16:24:18+0300 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Aliaksandr Frantskevich’s counsel cannot find his client for three days. On 3 September several anarchists were detained within the framework of the criminal case that had been instigated under Article 339, part 2 for an assault on the Russian Embassy. In three days they were released and immediately detained again, in connection with the criminal case under Article 339, part 1 – connected with an assault on the building of the Federation of Trade Unions. They were to have been taken to the Leninski District Police Department, but this information wasn’t confirmed. The actual whereabouts of the detained people remains unknown.

The lawyer of the Human Rights Center Viasna Valiantsin Stefanovich comments on the situation:

’We think that the actions of the investigative agencies grossly violate the rights of the persons who were detained on 3 September.

First of all, none of the detainees fall under the enumeration of the reasons for detention listed in Article 108 of the Criminal Process Code: nobody saw witnessed them commit the criminal action, nobody indicates at them as at its perpetrators, there are no traits on their clothes, etc.

However, the most important moment is violation of the right to defense. It is nonsense that Frantskevich’s counsels hasn’t been able to reach his client for three days. They are re-detained all the time for other three days, and the investigation is conducted by another district police department each time. Yesterday, officers of the Leninski DPD didn’t answer to the lawyer where his client was and why he didn’t participate in any investigative measures for three days. I consider it as a serious violation of the right to defense.

Secondly, the circumstances of the detention. What is this? There are procedures and terms that are defined by the existing legislation – the Criminal Process Code: persons can be detained only for 3 days under Article 339, part 1 and 2 of the Criminal Code. Instead, the investigation first detains the people in connection with the assault on the Russian Embassy, then – on suspicion in the assault on the Palace of Trade Unions and then for something else again. It is a natural sophistry. They can also mention all stolen cellular phones (there are many such cases) and keep detaining anyone for other three days on each concrete case.

The detention can be conducted if there are enough reasons for such kind of restraint, but 10 days after the moment of the actual detention the investigation agencies must present official charges or release the detainee, which means that the investigation must be held strictly within the legally established guidelines. However, now it looks as if some footpads seize people and keep them in unknown places regardless of legally established terms and conditions.

In these circumstances we consider it as arbitrary detentions and demand the release of the arrested persons, because nobody conducts investigation in such a way. Our policemen can only keep seizing people with pillows instead of abiding by the existing legal norms.