Zmitser Kramianetski continues struggling for his right to monetary compensation

2014 2014-09-16T01:19:45+0300 2014-09-16T01:19:45+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”
Dzmitry Kramianetski

Dzmitry Kramianetski

The Tsentralny District Court of Homel dismissed the claim of the activist of "Young Front" Dzmitry Kramianetski to the police department of the Homel Regional Executive Committee and the Ministry of Finances of the Republic of Belarus for pecuniary compensation for moral damages.

Bear in mind that that the activist was seeking compensation for degrading conditions of detention at the detention center in Yelsk.

Mikalai Dzemidzenka and Zmitser Kramianetski were detained on the Ukrainian border back on February 22. February 24, Yeslk cort sentenced them to ten days of arrest, declaring them guilty of “disorderly conduct”.

The arrestees were held in
prison in violation of the rules. "In particular, the norm of personal space was not observed in the cell, I was not provided with an individual berth, it was not possible to take a shower, for two days I was kept in a cell with a person suspected of committing a crime," wrote Mr. Kramianetski in his lawsuit.

There was no natural ventilation in the prison cell where he was kept and the toilet sink was quite near the place where the arrestees had to eat and sleep. Food was poor and was given just once a day. Thus, the author of the claim felt anguish from lack of fresh air, shame and disgust at the fact that he could not properly maintain personal hygiene, eating in close proximity to the toilet sink humiliated his honor and dignity. He also suffered from hunger and felt fear and uncertainty having to share the cell with a criminal suspect.

The “Young
Front” activist demanded in court compensation for moral damages in the amount of 10 million rubles.

In the reasoning of the
Tsentralny District Court of Homel for August 19 it was stated that in his claim Mr. Kramianetski referred to an examination conducted by the Yelsk District Prosecutor's Office, which confirmed the aforementioned violations. However, Judge Maryna Damnenka stated that the prosecutorial examination wasn't a legal reason for exacting pecuniary compensation for moral damages from the defendant.

The Human Rights Center “Viasna” helped Mr. Kramianetski to compose
a cassation complaint to the Panel of Civil Cases of the Homel Regional Court, as he believes the judgment is illegal and subject to cancellation. The activist asks to cancel the decision of the Tsentralny District of Homel and render a new decision that would satisfy his material needs.