Haradok District Court dismisses lawsuit of Yan Dziarzhautsau

2014 2014-04-14T17:48:08+0300 2014-04-14T17:48:08+0300 en http://spring96.org/files/images/sources/dziarzhaucau-2.jpg The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”
Yan Dziarzhautsau, a member of the CCP BPF

Yan Dziarzhautsau, a member of the CCP BPF

Judge of the Haradok District Court Alena Vikhatsenka dismissed the appeal of the CCP BPF activist Yan Dziarzhautsau who wanted to prosecute workers executive committee for breaking the law "On appeals of citizens and legal bodies".

Since November 14, 2013, the officials have been ignoring his appeal to the Haradok City Executive Committee. The activist was concerned with the question on whose orders and for what purpose the trees along the road to the town from Vitsebsk were cut down. He asked the executive committee in writing. “There haven't been any answer for a long time. Finally I decided to go to court to get a punishment for those who ignore the law "On applications of citizens and legal bodies". However, at first my lawsuit wasn't accepted by the court. I was advised to go to the Vitsebsk Regional Executive Committee. I applied there and was answered that I had been given an answer back on November 27, 2013. I decided, that there was some confusion, because at first I was promised that the application would be considered by the management of the enterprise "Vitsebskautador". Then there was a report that the answer would be given by the Department of Housing and Communal Services of the Haradok Executive Committee.However, neither of the organizations have sent any answers.”

That's why Mr. Dziarzhautsau appealed to the court again. This time, his lawsuit was accepted. However, at the trial the lawyer of the Haradok District Executive Committee stated that the letter to Yan Dziarzhautsau was
sent in the due term, and the answer to his question was given: that the fir-trees along the highway were cut down on an order of the Chairman of the Vitsebsk Regional Executive Committee Aliaksandr Kasinets for the "Dazhynki" festival, which will be held in Haradok this year.

No evidence, such as the log of incoming and outgoing correspondence was presented at the hearing. Judge Alena Vikhtsenka just “trusted” the single witness, head of the department of housing and communal services of the Executive Committee, Tatsiana Pushkova.

As far as the activist hasn't received any response and the Vitsebsk Regional Executive Committee didn't protect his legal interests, Yan Dziarzhautsau filed an appeal against the actions of the
officials to the prosecutor's office. He is also going to appeal the verdict at the Vitsebsk Regional Court.