Homel: incompetency of judges or justice imitation?
For the last six months
the Belarusian Themis has been unable to find the issue of bringing a civil
case on appeal of the head of Homel regional branch of the Belarusian Leftist
Party "Fair World, Ualdzimir Siakerka, against his unlawful detrainment by
Homel border guards on 14 October 2012 in the border crossing point
Bear in mind that the border guards put Mr. Siakerka off the train "Chernihiv-Homel", stating that he was in some "database on errand of law-enforcement agencies". The same formulation was put in the report on the incident. When Uladzimir Siakerka tried to find about the reasons for the detrainment, he was charged with insubordination to lawful demands of duty officials and subsequently fined by court.
Uladzimir Siakerka didn't agree to such situation and went to Savetski District Court of Homel, on the territory of which the military unit of the border guards, # 1242, is located. Judge Halina Sytsko refused to bring a civil case and stated that the the case was to be considered by the military court in Babruisk, as far as the defendants were border guards of the State Customs Committee.
It didn't matter for Mr. Siakerka who would consider the case, that's why he applied to Babruisk Military Court with an analogical lawsuit. The head of the court Uladzimir Hryharovich, accepted the lawsuit. However, at the second hearing he came to the conclusion that it was to be considered by a civil court.
Therefore a protest was filed to Homel Regional Court which was granted by its deputy head, Vasil Belavusau. Thus, now Uladzimir Siakerka is waiting to be summonsed to Savetski District Court again, and is also looking for an answer what is more in his case – incompetency or imitation of justice?