Trade union activist appeals violations of trial procedures

2012 2012-10-24T19:21:19+0300 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Aliaksei Paulouski has lodged an appeal to Mr. Maimusau, chairman of the main department of justice of Mahiliou regional executive committee, to request an investigation to bring Leninski District Court chair Halina Kuzhaleva to liability for violation of procedures for the conduct of a court hearing.
Aliaksei Paulouski also requests oblige her to make an additional decision to cancel a decision by Leninski District Court of 19 October 2012 that ordered to recover from the activist a state fee of 300 thousand rubles.
According to Aliaksei Paulouski, Judge Halina Kuzhaleva not only violated the procedure of the trial, but ignored his arguments and did not take into account the evidence provided by the activist of the independent trade union of Radio Electronic Industry.
The reason for the trial were the words of Eduard Siankevich said during a TV debate with Aliaksei Paulouski, when Mahiliou Regional Prosecutor denied the fact of a collapsed wall  at the construction of a factory for the production of IKEA furniture. Aliaksei Paulouski possessed photographs of the incident, and local TV made a story about it.
In addition, Prosecutor Eduard Siankevich rebuked Paulouski that he did not want to be employed, that he was 53 years old, and he was still sitting on the neck of the voters.
The trade union activist considered the statements as an insult and filed a lawsuit. He requested the court to order Eduard Siankevich to pay him 10 million rubles for moral damages.
The prosecutor himself did not appear. He presented his arguments in writing, read out by the Judge. She suggested that there had been no spread of false information by Eduard Siankevich, no one denounced the dignity and honor of Aliaksei Paulouski, especially since it was the pre-election debates. The activist is going to appeal the Judge's decision.
Human rights defender Barys Bukhel says that Judge Halina Kuzhaleva violated a number of mandatory procedures of the hearing. This was the reason for the complaint.
“First of all, Aliaksei Paulouski in his lawsuit asked the Judge to be released from duties as an unemployed. The Judge refused and stated that Paulouski had to pay a fee of 300,000 rubles, which he did. However, with announcement of the decision, she suddenly said that he had to pay another 300 thousand rubles. The judge refused to answer the question why this was done. Under the law, she was to clarify whether her decision was clear.
Secondly, on October 18 Halina Kuzhaleva adjourned the trial till the following day. However, when everyone appeared, she, to everyone's surprise, announced her decision not to continue the trial without a declaration that she was to retire to the jury room to decide.
Thirdly, the court was provided with evidence that a wall collapsed at the factory under construction and that the prosecution did not conduct an appropriate investigation. However, the Judge refused to issue a separate order for the prosecutors.
Fourthly, the Judge accepted undated documents submitted by Eduard Siankevich. It is against the law. According to it, they have no legal effect,” says human rights defender activist Barys Bukhel.    

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