Baranavichy observer charged with “disorderly conduct” addresses prosecutor

2012 2012-08-14T17:26:41+0300 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”
Siarhei Housha

Siarhei Housha

Observer Siarhei Housha filed a written application to the Baranavichy prosecutor against actions of officers of the Baranavichy District Police Department. On 2 August he was summonsed to room #100 of the Baranavichy DPD by police inspector Mikalai Kudrautsau in connection with an administrative case brought against him under Article 17.1, “disorderly conduct”.

As the observer learned, the case was brought on application of the head of the election commission of Baranavichy-Western election constituency #5 Tatsiana Latyshova who accused him of having purposefully insulted her and the present commission members with obscene language on 23 July.

In his appeal Siarhei Housha argues that he provided the policeman with a Dictaphone recording of the sitting of the election commission of 23 July. Police captains Mikalai Kudrautsau and Vital Rachkouski listened for the recording twice and heard no foul expressions there. However, instead of an objective discrimination in the case they proposed that he signed not only a report of questioning, but also a violation report drawn against him under Article 17.1 of the Code of Administrative Offenses. Moreover, they refused to issue him with copies of these reports.

Indignant at the reluctance of the police to discriminate in the case, Siarhei Housha made an appropriate entry in the complaint book of the Baranavichy DPD.

The observer informs the prosecutor that he had a talk with the head of the public order and prophylaxis department, lieutenant-colonel Eduard Sudnik and his deputy, major Pavel Kulhavik and had an audience with the deputy head of the DPD Eduard Vilchkouski. He informed all of them that police captain Mikalai Kudrautsau refused to present him a copy of the violation report and refused to study the case. Mr. Housha asked the DPD administration to attach the audio recording of his talk with Latyshava to the case materials on the basis of Articles 6.3 and 6.11 of the Process-Executive Code of the Code of Administrative Violations and conduct a professional pre-trial investigation of the case. Only on 8 August he received a letter from the Baranavichy DPD, signed by the head of the civil security department Aliaksei Trafimau. The letter just informed Mr. Housha that an administrative report was drawn up against him on 2 August.

Siarhei Housha states that the violation report drawn up against him is knowingly incorrect, the statement of the head of constituency election commission #5 Tatsiana Belashova discredits him as an independent observer and the protocols of questioning of witnesses insult him as an individual. This is also confirmed by the Dictaphone recording of the talk, presented to the Baranavichy DPD and the prosecutor's office of Baranavichy.

Siarhei Housha asks the prosecutor to take a proper reaction. He attached to his application a copy of his application to the head of the Baranavichy DPD, a copy of the Dictaphone recording of his talk with T. Latyshava on a CD-R disk and a copy of answer #5471 of the Baranavichy DPD dated 7 August 2012.

“Human Rights Defenders for Free Elections”