Prosecutor's office identified “some violations” in the examination of Uladzimir Lemesh's apartment

2014 2014-12-12T17:03:00+0300 2014-12-12T17:03:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Most of the violations set forth in the activist's complaint against the illegal actions of police officers during an inspection of his apartment in the so-called "case of the red band" either “weren't noticed” by Salihorsk District Prosecutor's Office, or were considered legitimate. Still the institution had to react to some of the violations.

The prosecutorial inspection established that the police inspector of Salihorsk District Police Department D. Husachenka had violated the law while drawing up the inspection report. In particular, he didn't put the names, surnames and duty positions of all participants of the inspections in the report. This concerns the unidentified man in plain clothes who refused to introduce himself and show his documents to the activist, but nevertheless,
with the tacit consent of the other police officers, was actively digging in the things and documents of the youngster. Nevertheless, the prosecutor of Salihorsk district Aleh Audzei didn't disclose the name and legal status of this “stranger”.

The prosecutor's also office revealed that, contrary to the Criminal Procedure Code, the report didn't clearly reflect the sequence of actions of police officers during the inspection. However, the reviewing authority didn't regard these violations as gross and didn't see any reasons for prosecutorial reactions, taking into account the fact that Husachenka had ceased working at the police by the time of the answer.

In order to prevent similar violations of criminal procedure legislation in future, the findings of the inspection were discussed at a working council with the participation of the leadership of the Salihorsk District Police Department.

The prosecutor's office refused to recognize as violations the non-issuance to the activist the copies of the inspection and the list of the withdrawn items, referring to the absence of such norms in the Criminal Procedure Code.

Let us remind that all things had been returned to the owner and the police had refused to instigate a criminal case on the painting a red band on the entrance shield of Salihorsk.