Homel: psychiatrist manages to get justice only after a year of struggle

2013 2013-07-10T18:13:13+0300 1970-01-01T03:00:00+0300 en http://spring96.org/files/images/sources/sudy.jpg The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

The man who served time in prison for a crime he did not commit, finally managed to get the justice.

Bear in mind that the court issued two accusative verdicts to Yauhen Dzedushkin, which were subsequently abolished. He managed to get his case reviewed only after three years of investigation of the criminal case, after losing his health, job and reputation. The young man spent 398 days in jail.

In summer 2008 an unknown
person repeatedly set fire to garagesin the Navabelitski district of Homel. The psychiatrist was arrested near one of the garages after coming there out of curiosity. The court found him guilty and sentenced to 4 years of imprisonment.

After three years, in March of 2011, the panel of judges of the
Homel Regional Court fully justified the former doctor "due to the lack of evidence", he was cleared of all charges.

In July 2012 the Regional Court
also recognized the right of Yauhen Dzedushkin to compensation for material and moral damages. On 23 October 2012 the Chyhunachny District Court of Homel ruled that the state was to pay him 50 million rubles as compensation for moral damage, resulting in the unlawful conviction and sentence. Yauhen received these 50 million rubles. However, the case with the compensation of the materials damage lasted for almost a year. At first the court admitted found that the government (the Treasury of the Republic of Belarus) was to to pay him 20 million rubles, with the inflation indexing. However, the Treasury disagreed with it and filed an appeal to court, claiming that just 8 million rubles was to be paid (without indexing). Moreover, representatives of the Treasury stated that as far as a part of the expenses for the legal services were paid by the psychiatrist's mother, they wouldn't be recovered.

The
case was considered by various court instances since September 2012. Finally, in late June, the Homel Regional Court nevertheless took the side of Yauhen Dzedushkin and decided to pay him a compensation of material damage in full, with indexing, which is about 23 million rubles. This decision took effect in early July.

"
It is easy to get in prison, even if you are innocent, but it is very hard to receive a compensation from the state for groundless conviction. I am still unsure whether I will be able to receive this money, as the Treasury can again delay something again, or appeal the court ruling," says Mr. Dzedushkin.

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