Valiantsin Stefanovich demands punishment for judge Alena Siamak
On 4 May the deputy head
of the Human Rights Center
“Viasna” Valiantsin Stefanovich filed a written application with the head of
the Minsk City Court in connection with a gross violation of the legislation by
Alena Siamak, a judge of the Tsentralny District Court of Minsk.
As it is stated in the appeal, on 21 March Mr. Stefanovich had applied to the
Tsentralny District Court with an appeal against actions of the Ministry of
Defense of the Republic
of Belarus. (According to
a notice, received from the citizenship and migration bureau of the Partyzanski
District Police Department of Minsk, the human rights defender was temporarily
prohibited to travel abroad on decision of this ministry). According to the
mail notice, the appeal was received by the Tsentralny District Court of Minsk
on 26 March.
“According to part 1 of Article 337 of the Civil Process Code of the Republic of Belarus, the cases which ensue from
administrative and legal relations, are considered by court not later than a
month since the receipt of the lawsuit by the court, unless otherwise provided
by this Code and other legal acts. Thus, my appeal against the unlawful
restriction of my right to move by the Ministry of Defense was to have been
considered by Judge Siamak not later than 26 April. I cannot understand why the
appeal still hasn’t been considered and why Judge A. Siamak violates the
requirements of the present legislation during the administration of justice,”
writes Mr. Stefanovich.
The human rights defender is convinced that by her actions Judge Alena Siamak
admitted a gross violation of the legislation during the administration of
justice. That’s why being guided by Articles 111, 114, 115 and 119 of the Code
of the Republic
of Belarus on judicial
system and status of justice, he asks to instigate disciplinary proceedings and
impose on her a disciplinary penalty, provided by the current legislation.
“This is a continuation of a special experiment I am holding in connection with
the unlawful restriction of mu right to leave the country,” explains Valiantsin
Stefanovich. “Its aim is to demonstrate once again what our so-called
independent court system has become. After depleting all national remedies I
intend to file an individual communication with the UN Human Rights Committee
about the unlawful restriction of my right to movement in violation of the
International Covenant on Civil and Political Rights, solely because of my
human rights activity. Secondly, I was denied justice in the country, because I
applied to the court, which simply ignores my case.”
Bear in mind that on 11 April 2012 Valiantsin Stefanovich wasn’t let out Belarus at the
border crossing point “Kamenny Loh”. According to explanations of the head of
the border service, the passport data of the human rights defender were in the
database of the citizens who were temporary prohibited to leave the country.