Minsk City Court considers Bialiatski's appeal against a new fine

2012 2012-07-12T17:49:54+0300 1970-01-01T03:00:00+0300 en https://spring96.org/files/images/sources/videa-ales.jpg The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

On12 April the Minsk City Court considers the appeal of the imprisoned head of the Human Rights Center “Viasna” Ales Bialiatski against the verdict of the Pershamaiski District Court of Minsk according to which he was sentenced to pay 140 million rubles of fine for an untimely payment of taxes.

Bialiatski was sentenced to the fine of 140 million rubles by Judge of the Pershamaiski District Court of Minsk Volha Baham'ya on 29 March, on lawsuit of the Pershamaiski District Tax Inspection of Minsk. Neither Bialiatski, nor his lawyer, friendsor relatives knew anything about this trial.

Where has the new fine been taken from?

It's known that during the consideration of the criminal case against Bialiatski at court the Pershamaiski District Procuracy asked to exact from him “the harm he has done to the state by the non-payment of the income tax, (plus the state fee), indexing it with respect to the inflation)”. The court did it, despite the illegality of such a decision, as the tax legislation provides only one kind of indexation – a fine which is appointed on the basis of the refinancing rate.

As a result, the sum increased to 750 million rubles. The Pershamaiski District Tax Inspection, in its turn, considered 2008 as the starting point for the debt, which lasted till the payment in 2012 (after the imprisonment of Ales Bialiatski), and filed a civil lawsuit, demanding that he pay 140 366 151 rubles of fine.

While appealing the verdict of the Pershamaiski District Court, Bialiatski's lawyer Dzmitry Layeuski pointed at the illegality of the indexation of the sum of the “inflicted harm”, but the panel of justice of the Minsk City Court ignored this fact. The lawyer also put this question in the feview appeal, filed to the head of the Minsk City Court, but with no results.

Thus, ignoring the legal norms, the procuracy and the court are trying to extort as much money as possible from the human rights defender in order to make him confess his guilt and repent.