Elena Tonkacheva's appeal turned down
On January 13 at 2.30 p.m. consideration of the appeal of Elena Tonkacheva against the decision of the DCM concerning her expulsion from Belarus continued at the Pershamaiski District Court of Minsk.
The hearing was attended by the representative of the interested body (Department of Citizenship and Migration) Rudyshkina. The plaintiff's lawyer was absent due to health problems.
Five minutes before the beginning of the hearing Judge Natallia Petukh went out of the court hall to take a decision. A break was announced until 3.15 p.m.
At 3.30 p.m. the judge returned to the court hall and read the verdict:
“Having listened to the applicant, her representative, representatives of the interested body and witnesses, studied the case materials, the court considers that the demands of Tonkacheva shall not be satisfied. Taking into account the dangerous nature and the circumstances in which the administrative offenses were committed by Tonkacheva, her personal data, the motions of legal and physical bodies filed to the competent bodies the court concludes that the decision to prohibit her entry in the Republic of Belarus is well justified.
Elene Tonkacheva was absent at the time when the verdict was announced. She said that she was very anxious, feeling a great psychological tension, and might not be able to hold her emotions. Later she expressed her point of view on the decision:
"For my part, I think that I did my best while preparing to the trial and participating in it. We presented enough evidence, both documentary and in the form of testimonies of witnesses. I thing it was to have influenced the court decision at least what concerns a review of the term of expulsion. However, the court didn't go that way. According to the law, the court has the right to its own evaluation and opinion, that's how I treat it now. I intend to challenge this verdict.”
Elena Tonkacheva also pointed that if she and her lawyer had succeeded in defending their position at this trial, the Belarusian authorities would have had to review most of the previously made decisions on the expulsion of other persons. Thus, it would have created a precedent, putting the police bodies in a difficult situation.
Elena said that in three years she could be seen in Belarus again. She is going to accumulate forces, ideas and plans and will return to Bealrus to speak about law and democracy.
Here are our reports from the first, second and third days of the trial.