Process Basil Parfyankova. Review.
17.02.2011, in the court of the Frunze district of Minsk, chaired by Judge Olga Komar, with the participation of the public prosecutor - the prosecutor Anton Zagarovskaga, as well as a protector - Lawyer Igor Papkovsky held the trial of Vasily Parfyankova charged with a crime under Part 2 of art.293 of the Criminal Code of the Republic of Belarus - riots. This is the first trial of participants in a peaceful protest against the rigged presidential election 19/12/2010, the
At the beginning of the hearing in the court of public complaint was lodged by the GSU of the Presidential Administration, who in court supported employee GSU Lepesh Dmitry V.. At the beginning of the trial the plaintiff's representative filed the documents on the calculation of damage caused by protestors of public assets. Such damage, in accordance with calculation was 14,144,000 rubles. It should be noted conclusion that the accused prosecutors figured the amount of twice as much, namely, 29 million rubles. Thus, before the trial amount damage was reduced by more than two times compared with the sum, which sounded in the preliminary investigation.
After clarification of the claims court began its consideration of a criminal case on the merits.
state prosecutor, in his speech limited formal voice to the indictment, which indicated that Vasily Porfenkov took part in the riots 19.12.2010 in Minsk in the Square. Independence and, along with others, caused at least 61 strike on the door of the building of the Government House. Also, with the words prosecutor became clear that Mr. Parfyankovu charged with armed resistance to the authorities.
Basil Porfenkov partially admitted his guilt, but only part of what he actually participated in a peaceful protest, but not recognized in part that it seemed have participated in massacres and armed resistance.
State abvainavavtsa build the entire evidentiary basis for the investigation, among them, and videos operational surveys.
After the court moved on to questioning, the Parfyankova.
During interrogation, the Porfenkov explained that he was a member of the initiative group of Vladimir Neklyaeva. He described the procedure for collecting signatures, also said that during the campaign to actively disseminate campaign materials campaign headquarters Vladimir Neklyaeva. Mr.. Porfenkov explained that the area he came to express their civic position. Decision to take part in the action taken independently.
Mr Porfenkov dwelled on the fact that, at about 19.00 19/12/2010, he took part in a procession from the office of the civil campaign "Speak the truth." Described how a column demanstranatav attacked by unknown people in black, all laid on the ground, beaten presidential candidate B. Neklyaeva and destroyed a minibus that was traveling in a convoy of demonstrators.
After Mr. Neklyaeva carried into the building its headquarters in an unconscious state, city Paryankov with others prasledvav activists on October Square, where he took part in the procession to the Square. Independence. Mr Parfyankovym repeatedly emphasized that He did not hear warnings from police, not seen in participants in the peace march fittings lomikav, wooden batons and other devices for violent action. He emphasized that the only thing that kept the demonstrators - this flags of various companies and democratic movements.
on Independence Square during the speeches candidates for president have heard the sounds of smashing glass and the interest went up to the doors of Government House, where he saw that the glass in the door was already all broken, he was jammed crowd of unknown persons, who knocked in the rubble of broken glass openings with wooden fixtures, like stationery cupboards. Participation these actions have taken no more than 20-30 people. Porfenkov himself succumbing to the crowd struck several blows on the hand and foot wooden fence.
Also, the Porfenkov explain in detail what a presidential candidate B. Rimashevsky approached the group, which did violence to cease such acts, then was made a living corridor on which approached the presidential candidates Sannikov and Statkevich, who also urged to stop violence. Thus Porfenkov strongly emphasized that the presidential candidates had no intention to organize a violent action, and all the forces held back a small group of citizens, which provoked the violence.
Porfenkov also stressed that he had not seen in the hands of protesters valves and other devices. After the appeals candidates for the termination of illegal actions, Porfenkov also tried pavzdeynichats on the protesters, who continued violent acts.
After the appearance of SWAT officers, Porfenkov left the area, and ceased to participate in the action.
After questioning Parfyankova, was interviewed a witness, the Fabishesvki, who was also activist Vladimir Neklyaeva headquarters. Mr.. Fabisheski, as well as the next witness, the Elovikov, could not confirm or deny participation in Parfyankova shares, ie they he was not seen.
After questioning the witness Fabisheskaga court examined the written submissions of the case and watched videos. To video, which basically did not describe the behavior was Parfyankova, but in those frames, where he was seen Porfenkov - you could see it without having to hand weapons, or other devices inflicted several blows on the wooden fence. Video does not prove that Porfenkov tried to enter the building, as well as the fact that he had in the hands of weapons or other devices. Also, video footage showed that the violent actions adytsyavlyalisya a short period of time that they participated a small group of individuals.
Also featured on the record that after the crackdown of protests in the square were found ledaruby, hoes, hand-held stun grenades, the armature, which seems to be left to the protesters, but can not be established by fingerprints, who owned these items, and especially to set up - whether attitudes towards Basil Porfenkov. It should be noted that conducted forensic examination did not recognize the objects of type ledarubav, hoes or machetes, as they are all made in the workplace.
After reading the case materials, and examination of witnesses was taken civil suit where the plaintiff's representative said that in accordance with the accounting of the damage has been corrupted doors of the building of the Government House, downspout, as well as five shrub juniper.
Then in the hearing behind closed doors, without the participation of the audience were dasledvany sms-messages from your phone Parfyankova. Decision to hold a closed part of the hearing was taken because the reports contain personal information.
The court then proceeded to litigation.
state prosecutor argued that Porfenkov took part in the riots, caused NOT menesh 60 strokes. This seems to be proved videos, and other case materials.
In conclusion, given that Parfenkov previously been brought to justice, which has not yet been repaid in accordance with legislation of Belarus, poorly characterized in the home, and again committed a serious crime, referring to a relapse in the actions Parfyankova, invited six years in prison freedom. After
made Parfyankova defender, who reasonably proved that the actions of his padabaronaga, as well as other participants of the rally does not constitute a crime, under art.293 of the Criminal Code of the Republic of Belarus, that action Parfyankova no means took the form of riots, as they have been localized in time, accompanied by arson, violence against persons armed resistance to the authorities. Was not in court and proved that there was collusion Parfyankova with others, that he had a desire to damage to property, assault on police officers. Therefore, a lawyer asked to justify his padabaronaga.
himself Porfenkov apologized for his actions and urged not to punish him harshly.
judge retired to the deliberation room, and a half hour verdict, in which recognized Parfyankova guilty of a crime under Part 2 of Art. 293 of the Criminal Code, which has resulted in the participation in the riots, together with the unbridled crowd of attacking barrage in the House of Government. Judge adhidila charged with armed resistance and arson by Parfyankova. The judge sentenced Parfyankova to 4 years imprisonment, as well as fully satisfied a civil claim for damages.
At the end of the hearing lawyer said he intends to appeal the verdict.
Conclusions:
first During the hearing and was not charged with evidence that taking Porfenkov participated in the riots, was not given an answer to why the court came to the conclusion that there Parfyankova collusion with other persons against illegal acts there was no proof that Porfenkov broke glass, attacks on police officers, urged other citizens to attack government buildings .
second The Court, rejecting charged in an armed attack, the lack of evidence of violence against persons by Parfyankova, according to human rights defenders, would have to justify Basil Parfyankova.
http://spring96.org/be/news/41365
Davedka:
RB CC Article 293. Riots
http://www.pravo.by/webnpa/text.asp?RN=hk9900275 # & Article = 293
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