The trial in defence of Kurapaty begins on 26 June

2014 2014-06-10T11:41:28+0300 2014-06-13T15:08:49+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

On 26 June at 15.00 in the Tsentralny district court of Minsk a judge Ivan Maiseichyk will begin a consideration of a civil case against the General Prosecutor's Office in defence of Kurapaty.

In the complaint submitted to the court on 17 March, public representatives asked to oblige Prosecutor General to take measures and fix the violations of the legislation on protection of Kurapaty by "BelRestInvest" as well as make an order to remove four houses of a roadside service facility with the original title "Bulbash Hall" from the protected zone with real material historical and cultural value.

Among the applicants of a complaint – a Chairman of a civic organization "Hryscianskaja zluchnasc “Kurapaty" a 85-year-old Vatslau Niamkovich, a chairman of the Belarusian Association of Victims of Political Repressions Zinaida Tarasevich, public figures and scientists Vatslau Areshka, Vintsuk Viachorka and social activist Ales Makaeu.

However, on 24 March the judge of the Tsentralny district court of Minsk Ivan Moiseichyk refused to consider an appeal in defence of Kurapaty from the public representatives. Among the reasons for refusal - the fact that Mr. Niamkovich did not reveal his certificate of a Chairman of the organization, although he could do it at the meeting, which did not happen; and also a non-existent "terms of the realization of property rights” between the applicants and "BelRestInvestam"; and the fact that the Prosecutor General's Office "did not consider the appeal on the merits” and therefore there is nothing left to consider in this case.

 Also in violation of paragraph 3 of Article 16 of the Civil Procedure Code of the Republic of Belarus judge Ivan Maiseichyk sent his decision of 24 March to the applicants in Russian, despite the fact that the complaint was presented to the court in the Belarusian language.

Applicants deemed the decision in which the Tsentralny district court of Minsk refused to institute a civil case against the General Prosecutor's Office illegal, unreasonable and subject to termination. They sent a private complaint to the civil chamber of Minsk city court on the decision of judge Ivan Maiseichyk asking to cancel it and to refer the matter for consideration to a court of first instance.

In its judgment of 22 May Minsk city judicial panel chaired by Natallia Zhupikava supported the position of the applicants and ordered the court of first instance to initiate a civil case on the complaint of Kurapaty defenders against the Prosecutor General.

“Novy Chas”