13:22, — Politics
Human right activist Yana Palyakova, found guilty by the court of Salihorsk, committed suicide in Salihorsk on March 7.
The information was announced on Assembly of NGO congress that is taking place in Minsk.
On March 3, judge Burautsau of Salihorsk court found her guilty of violating article 400, part 2 of the Criminal Code – “deliberate false accusation”.
Representatives of Belarusian Helsinki committee Leanid Markhotka and Valery Shchukin were present at the trial. The court sentenced Yana Palyakova to 2.5 years of restraint of liberty (so called “chemistry”) and demanded to compensate ”moral damage” of police officer Puhachou, who had retired recently.
In November 2008, there were many reports about persecution of Salihorsk human right activist by law-enforcers. Yana Palyakova informed that she had been detained by policemen for her oppositional activities several times. It was also reported that the woman was beaten in a police department and her hand was about to be broken. It is also important to mention that Yana Palyakova was a member of Volha Kazulina's initiative group during the last “parliament elections”.
“The sentence was a shock for Yana,” human right activist Valery Shchukin commented. “I spent a day with her after the trial, and she was saying one thing: ‘I am not going to be a prisoner’. It was really a shock for a normal person. I remember the first time when I was imprisoned. My wife was ashamed to go out, it seemed to be shame for her. Probably it was the same with Yana. She felt helpless, she was unable to resist this persecution and defamation. I attended many trials, but this trial was a real lawlessness.”
How was the trial over Yana Palyakova held?
Valery Shchukin told details about the trial over human rights activist Yana Palyakova:
“I have attended many trials in different cities of Belarus, I have seen work of many judges, but it’s the first time I have seen such a short trial. On March 3, 2009, a representative of the prosecutor’s office announced a decree on giving a status of accused to Yana Palyakova. The prosecutor said the criminal case had been instigated on demand of the Minsk region prosecutor’s office. The prosecutor’s office of Salihorsk didn’t initiate the case against Yana Palyakova. Judge Burautsau handed the decree to the accused.
According to article 316 of the Criminal Procedure Code, if an accusation has been changed, trial must begin at least five days after a copy of the changed accusation has been handed in.
But judge Burautsau continued the trial on the same day. Yana Palyakova didn’t have even five minutes to get acquainted the decree. The judge didn’t even recess the trial, so Yana couldn’t learn the prosecutor’s decree.
I see only one reason for this outrageous violation of the procedure of a judicial procedure – it is a desire of judge Buraursau to make a gift for the militia on their professional holiday? He wanted to imprison a human rights activist from Salihorsk. The judge was in such a hurry that he didn’t question the militia captain, a victim, and witnesses, colleagues of the captain, he didn’t read the materials of the case.
What we saw in the court room can’t be called a trial. After announcement of a new accusation, the prosecutor started the debate.
So, the trial over Yana Palyakova, accused of violation of article 400 of the Criminal Code (deliberate false accusation), consisted just of the announcement of the accusation and debates. The prosecutor even named the article of the serious crime – 426 (part 3).
This article is abuse of power or official misconduct (abuse of power by an official; violence, torture and insult of an injured person).
Yana Palyakova wrote some appeals to the district prosecutor’s office, the Minsk region prosecutor’s office, and the General Prosecutor’s Office. “Captain Puhachou V. offered to sign some papers. When I tried to read them, I got a strong hit on my right hand. Captain Puhachou hit me. I jumped out of the chair on my feet with pain. I didn’t expect a militia officer was able to do this. I was shocked, I tried to run out of the office, I turned back on the people in the office, and was stricken on my legs,” Yana Palyakova wrote in a complaint. She asked the prosecutor’s office to react to these actions of the officer of the Salihorsk militia department aimed at suppression of the democratic movement and political activity, enshrined in the Constitution of Belarus, and to appoint a forensic medical examination to record her bodily injures.
In her another complaint, Yana Palyakova wrote that he had received calls on her home and mobile phones. People, who introduced themselves as officer of the Salihorsk KGB department , demanded her to meet and give explanations on her participation in a campaign of gathering signatures for Volha Kazulina, MP candidate.
“I asked to send me a summons, but they refused at first, and later began to threaten me and my mother. Then militia officers began to phone me and demanded to meet them and explain why I had refused to talk with KGB officers,” Palyakova wrote.
All appeals by Yana Palyakova don’t say militia captain Puhachou exceeded his power, so he hadn’t violated part 3 of article 426 of the Criminal Code. It’s right! Beating can’t be regarded as official misconduct and excess of power. Neither Constitution, nor Criminal Procedure Code, the Law on Militia, and regulations of the Ministry of Internal Affairs, regulations of militia commanders do not give militia officers a right to beat people.
How can power and authority be exceeded if one doesn’t have it?!
Article 149 or 153 of the Criminal Code (intended bodily harm) provides criminal responsibility for actions by militiaman Puhachou and his two accomplices.
All prosecutors’ offices refused to take measures to identify Palyakova’s injury severity level.
Such actions by militia (beating) are not excess of power. Thefts, false evidence at trials, rape and other crimes, committed by militia officers, are not abuse of power, too. During the investigation it was found out that a phone number, from which Yana Palyakova had received threats, belonged to a law enforcement agency. But no one was brought to responsibility for criminal actions against life and health of Palyakova. Unfortunately, these are the rules of the Belarusian regime.
No one was brought to responsibility for the actions, aimed at suppression of the democratic movement of political activity, enshrined in the Constitution of Belarus. But it was the main point of the appeal to the prosecutor’s office.
Judge Burautsau gave two and a half years of enforced labour for demands of human rights activist Palyakova, asking to stop unlawful actions aimed at suppression of the democratic movement. The court decided that brave captain Puhachou should receive one-million bonus at cost of Palyakova for compensation for moral damage. This militia officer was really anxious – he may have been brought to criminal responsibility, of course if there were other court and investigation in Belarus.
By the way, Yana Palyakova wasn’t going to appeal against the political judgement. She believed the Minsk region court wouldn’t see outrageous violation of the rules of the procedural law in this judgement.
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