Concise analytical review of the trial of Zmitser Dashkevich and Eduard Lobau: Day 1
On 22 March 2011, Minsk Maskouski District Court hosted the trial of the Young Front leader Zmitser Dashkevich and the organization’s Minsk city office head Eduard Lobau. The activists face charged of malicious hooliganism (Par. 3 Art. 339 of the Criminal Code), namely an attack on two persons, allegedly committed on 18 December 2010. They are also accused of using a crow-bar during the attack.
The case, although formally not affiliated with the 19 December 2010 events, is directly linked to the rest of the charges, as on 18 December 2010 the KGB attempted to detain the Young Front activists to isolate them ahead of the anticipated post-election protest. However, the following day the youth opposition leaders themselves were charged with committing a grave offence.
The court session was chaired by Judge Mrs. Alena Shylko, with participation of the state prosecutor Mr. Kanstantsin Mazouka, who had earlier acted as state attorney in the trial of Mr. Miadzvedz, defense lawyers Mrs. Mariana Siameshka and Mrs. Alena Ausiannikava, and complainants Aleh Malyshau and Kanstantsin Savitski. A few days before the trial, the alleged victims entered a motion for security measures, met by the Judge on 21 March. Therefore, they could not be seen during the hearing, providing testimony from the adjoining room.
From the very outset, Zmitser Dashkevich impeached the Belarusian judiciary and challenged Judge Alena Shylko. Eduard Lobau supported the motion, which was, however, dismissed since the Code of Criminal Procedures does not provide for such instances.
Zmitser Dashkevich then entered two more motions, requesting the victims to testify publicly. However, the Judge explained that they reportedly could risk their lives through possible harassment by the families and friends of the defendants. The counsels objected the decision.
I his accusatory pleading, the state prosecutor argued that on 18 December 2010 Zmitser Dashkevich, together with Eduard Lobau, defying moral standards, acting from hooligan motives, attacked Aleh Malyshau and Kanstantsin Savitski, hit Malyshau in the abdominal region and resisted Savitski by hitting him in the forearm and striking his forehead with a crow-bar, thus committing an offence under Par. 3 Art. 339 of the Criminal Code.
The alleged injuries and short-time impairment of health were confirmed by a medical examination.
Dashkevich and Lobau plead not guilty. Meanwhile, the prosecutor claimed that their guilt was substantiated by the victims’ testimony and the investigation materials.
The defense lawyers requested to arrange a simultaneous examination of the victims and the witnesses so that they could not coordinate their testimony, which was objected by the attorney. The Judge met the objection. As a result, the victims were able to converse with the witnesses after their testimony to coordinate their positions.
The court proceeded to the examination of Zmitser Dashkevich, who refused to testify during the preliminary investigation. According to Dashkevich, on 18 December 2010, he, together with Lobau and Lazar, were standing outside 24 Yanka Bryl Street, when he saw a group of 5 people. One of them was reportedly speaking on the phone. Dashkevich says that he heard him say “They are here… What do we do?” Two persons (Malyshau and Savitski) left the group, approached Dashkevich and asked for a light. Then they reportedly attacked him, yelling “Police! We are being beaten!”, knocked Dashkevich down and pressed him to the ground, using an arm-lock. A few minutes later, a special police car appeared and the police detained everyone. According to Dashkevich, the overall incident lasted for no more than 5 minutes. With his face to the ground, Dashkevich could not see what happened to Lobau and Lazar. The victims were separated and shortly released. Dashkevich explained that he had been under surveillance by some of the persons among the group. Besides, while being pressed to the ground, he could hear one of them speaking on the phone. Dashkevich said that he knew that Lobau had a crow-bar, but he did not know that Lobau was going to use it. Dashkevich also said that he still did not know who had called the police. He also added that during the incident someone said “Where are you?” He reportedly saw blood on Lobau’s forehead in the police bus. Dashkevich himself was also beaten up during the incident. As for Lazar, Dashkevich said that the only thing he could see was that Lazar had a leg injury and therefore was left unattended.
At about 4 p.m. the court began the examination of Eduard Lobau. He confirmed Dashkevich’s testimony. He also said that it was Malyshau who had seized him, while Savitski had hit him in the lips. Then, Eduard Lobau reportedly took out a crow-bar out of his bag to use psychological intimidation and demanded to stop the violence. However, Savitski attacked Lobau and kicked his arm. As a result, Lobau dropped the crow-bar. Savitski then reportedly knocked Lobau down and hit him in the head for a couple of times. Lobau managed to turn around and saw Lazar lying on his back and Dashkevich with his face to the ground. Lobau also saw Lazar being kicked and Dashkevich being beaten. The following day Lobau underwent a medical examination in the detention center. However, its results are still unknown. Lobau declared that the incident was a provocation.
The Judge asked whether Savitski had had anything in his hands and whether there was any necessity for taking out a crow-bar. Lobau said that there was a psychological necessity to stop the attack. However, he did not intend to hit anyone and did not do that.
Then the court proceeded to the examination of the first victim Aleh Malyshau, born 1981, unemployed. According to Malyshau, he ran into his friend Kanstantsin Savitski after getting off the bus in an unknown place. They then approached three youths (Dashkevich, Lobau and Lazar) to ask for directions. Malyshau was going to leave, while Savitski asked for a light, when Dashkevich reportedly hit Malyshau in the abdominal region. Savitski pushed Dashkevich, while Lobau took a swing at Savitski’s head. Savitski dodged the blow, receiving a blow in the forearm instead. Then Lobau reportedly drew Savitski’s hat upon his eyes and hit him with a crow-bar. Simultaneously, Malyshau had a fight with Dashkevich. 5 minutes later a special police car appeared and everyone was detained. Malyshau also said that he had seen blood on Savitski’s face.
After that, the court examined Kanstantsin Savitski, born 1979, unemployed. On 18 December, he reportedly hitch-hiked to the incident area, visited a friend of his and then met Savitski. His testimony on the incident was similar to that provided by Malyshau. Speaking about the blow he reportedly received from Lobau, he said that it was “a powerful one”, however, he was able to continue the fight. Savitski said that Lobau had hit him with a crow-bar only 2-3 seconds after Lobau had drawn Savitski’s hat upon his eyes. He also said that it was not until they had been taken to the police station that he discovered that they were the victims. An ambulance was called for and he was taken to hospital, where he was diagnosed with “dissection”. However, the injury was not overcast and a surgeon was not called for. Defense lawyer Mrs. Siameshka objected that the initial interrogation record did not mention Savitski’s home address and phone.
Both victims insulted defense lawyers, rejected their questions, using foul language.
Mrs. Siameshka requested that the Judge read out the interrogation records of the victims during the investigation, featuring certain divergence from the court testimony. Besides, the lawyer noted that the records were identical and written in professional legal language. The victims failed to provide explanations on the allegations, after the Judge disallowed the question.
After that, the court examined witness Yury Milinets, special police unit commander, on duty on 18 December 2010. He said that there was an incoming report about a fight. He arrived there 5 minutes later and tried to stop the fight. All the 5 persons were detained. The police found a crow-bar on the crime scene. After the detention, they reportedly tried to find witnesses. However, only one person agreed. After the persons were taken to the police station, they called for an ambulance, seeing blood on Savitski’s face. He said that they had failed to establish why the conflict had started. He also said that he did not remember whether any special police means had been used against the detainees. Milinets himself detained Savitski. He could not explain why Lazar had been detained, when he was simply lying on the ground. Savitski and Lobau reportedly did not want to go the police bus at first.
Mariana Siameshka requested to read out the report of 18 December 2010, where the witness had written that there were two pairs of fighting people, with two persons standing nearby. In the same report, the witness stated that Lobau has used foul language and resisted the arrest, therefore the police used violence against him.
Thus, the following conclusions can be made, considering the first day of the trial:
- The court hearing has an evident accusatory tendency, with crucial defense motions being dismissed. The absence of the victims in the courtroom does not secure their full-fledged examination.
- The divergent testimonies by the victims and the witness, as well as the rapid arrival of the police, suggest a planned provocation against the pro-democratic youth activists.
