Investigator ignores the demands of the prosecutor in the case concerning the death of a detainee in Svetlahorsk

2013 2013-12-06T17:36:24+0300 2013-12-06T17:36:38+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Svetlahorsk district prosecutor Uladzimir Tarasenka agrees with the arguments of the human rights defenders of "Viasna" stated in the appeal against the refusal to open a criminal investigation into the death of Aliaksandr Akulich in the Svetlahorsk detention center, but the policemen A. Bachko and R. Stseshankou remain unpunished.

The human rights defenders found about the details relating to the cancellation of the ruling on the refusal to institute criminal proceedings against the police officers.

Bear in mind that the previous such ruling was issued by the Svetlahorsk Regional Department of the Investigative Committee was issued on 10 August 2013, and the mother of the deceased Valiantsina Akulich again appealed the decision with the help of human rights defenders.

After this complaint, canceling the
aforementioneddecision of the Investigation Committee, the district prosecutor Uladzimir Tarasenka agreed with the arguments set out in the complaint. "The conducted examination was incomplete, the available materials are insufficient for making a lawful and reasonable decision. The decision not to institute criminal proceedings was issued prematurely and shall be abolished,” says the prosecutor in his ruling. Enumerating the actions which are necessary during the examination, he points out at the necessity to "question the experts of the State Committee of forensic examinations in order to obtain explanations concerning their conclusionNo. 57 from 21 August 2013" and "eliminate the contradiction between the testimony of the officers of the detention center and the entry in the log about the time of the use of the police gear and physical force, and re-interrogate the officers of the Sveltahorsk detention center for it.” These are the demands Valiantsina Akulich insisted on.

However, the investigator of the Svetlahorsk department of the Investigative Committee, against refusing from opening criminal proceedings by his decision for 24 October 2013, din't
consider these demands of the prosecutor. This made Valiantsina Akulich send another complaint to the prosecutor.

“As it is stated in the ruling,
during the additional examination the police officers were questioned and some documents were attached to the case by the investigator. This indicates the incomplete implementation of the prosecutor's requirements, who also demanded to interview experts of the State Committee of forensic examinations.

The conclusion about the absence of corpus delicti in the actions of the officers of the detention center was made without analysis of the data: the ruling provides noassessmentof the inconsistencies between the testimony of the officer of the detention center annd the entry in the log about the time the use of the police gear and physical force.

The investigator again referred to the documents defining the rights of law enforcement officers in the use of physical force and the police gear, excluding the fact that these rights of law enforcement officers can not be used to justify beating "inadequate" detainees, which don't understand the situation. “It was possible to achieve the legitimate aim, to immobilize the patient, only with the use of physical force, aimed at overcoming his resistance, and binding", is stated in the complaint for the abolishment of the ruling of the Svetlahorsk department of the Investigation Committee of 24 October 2013.

Bear in mind that the resident of Svetlahorsk Aliaksandr Akulich died in the detention center of the Svetlahorsk police department in May 2012. Valiantsina Akulich is sure that the police officers A. Bachko and R. Stseshankou, who were on duty that night, are guilty of her son's death, as instead of providing him with timely medical assistance they beat the detainee who was in a morbid state.


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