Homel Regional Court justifies assault on UCP activist

2014 2014-01-27T11:22:21+0300 2014-01-27T11:22:21+0300 en http://spring96.org/files/images/sources/rabianok-dzianis.jpg The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”
Dzianis Rabianok

Dzianis Rabianok

On January 24, a UCP activist of Kalinkavichy Dzianis Rabianok received a copy of ruling by the Homel Regional Court, saying that the young man’s appeal was turned down, thereby justifying a tear gas attack he suffered back in April 2013.

The complaint stemmed from an incident of April 2013, when Dzianis Rabianok was attacked by a neighbor, who sprayed pepper gas in his face. As a result, the UCP member’s eyes were injured and he had to seek treatment from an ophthalmologist. Earlier, the activist was said to have conflicts on political grounds with the neighbor.

"Later, both the local police department and the district court did their best for the attacker to escape responsibility. In particular, the police charged the neighbor only after several complaints, including one sent to the Prosecutor of Kalinkavichy district. Later, in violation of legislation, the judge refused to consider the charges and closed the case. Her decision was supported by the Regional Court. Only a complaint to the Chairman of the Homel Regional Court was a success – the illegal decision by Kalinkavichy Court was quashed and the case was sent for a new trial," says the activist.

On November 28, a new session of Kalinkavichy District Court adopted a resolution according to which the case was again closed and assaulter was released from liability. After that, the activist endured an entire saga just to submit a complaint to the Regional Court – he even had to apply to head of the Homel Regional Department of Justice.

Eventually, the Homel Regional Court considered Dzianis Rabianok’s appeal, upheld the decision of the District Court, justifying the actions of the attacker as completely legitimate.

"I'm not surprised by this decision, since a year-long saga with this trial showed that the courts of different levels can take unreasonable and unlawful decisions. And they do not bear any responsibility for it, even if they were later canceled. The Regional Court somehow totally rejects the testimony of a witness, claiming that he did not witness the conflict. My witness is fully responsible for his testimony and does not wish to abandon it, moreover he signed a statement acknowledging liability for knowingly giving false evidence. The testimony of another witness was taken into account, either, although it is very important," stresses the UCP activist.

He emphasizes another circumstance of the case: the Regional Court's decision was somehow sent to the address of the person who attacked the activist. But for the postman, Dzianis Rabianok would have never received a copy of the judgment.

"I believe that this was done intentionally to make me lose time, energy and health for receiving a copy of the decision and to complicate its appeal. I can make such a conclusion because after the previous consideration of my complaint by the Regional Court the ruling was never sent to me. And in order to exercise my legal right to appeal, I had to contact the Chairman of the Homel Regional Court," emphasizes the activist.

He believes that both the attack on him and all the circumstances of the case are directly related to his active social and political activities.

The activist says he will appeal the Regional Court's decision.