Paval Sapelka: “KGB can initiate reconsideration of “extremist” case”

The Hrodna Court didn’t find materials, published in “Svaboda” independent newspaper extremist. But according to lawyer Paval Sapelka, it doesn’t mean that the case of “extremist” character of “Svaboda” is closed.

The judicial bench of the Hrodna city court reversed a judgement of Iuye district court, which, by an order of head of the KGB directorate for the Hrodna region Ihar Syarheenka, found extremist materials published in “Svaboda” unregistered newspaper in August.

The region judges explained their decision with the fact their district colleagues had heard the case in absentia of the parties concerned.

In particular, the region court recognised plea of the cassation appeal of Minsk dweller Dzyanis Mazur, who was seized copies of “Svaboda” on Minsk-Hrodna highway on August 19, as justified.

Lawyer Paval Sapelka, introducing interests of Dzyanis Mazur in the region court, said this decision of the judicial bench was “the only lawful one”.

According to the human rights activist, it doesn’t mean that the case of “extremist” character of August “Svaboda” is over.

“The Court of Iuye will reconsider a claim of the KGB directorate. But this time, the court must invite all party concerned to a trial,” Paval Sapelka told in an interview to the Belarusian Association of Journalists.

The lawyer also says if initiator of the case don’t introduce proofs that “Svaboda” contained extremist information, the only possible results of the proceeding on the claim of Hrodna KGB officers will be refusal to accept it for consideration.

Alyaksandr Sitsko, a judge of the Kastrychnitski district court of Hrodna, did so when considering a similar case.

According to the information, received by Viasna human rights center, judge Sitsko refused to consider a claim of Ihar Syarheenka, head of the KGB directorate for the Hrodna region, on recognising “Review-Chronicle of Human Rights Violations in Belarus in 2004” extremist.

Viasna received this information from secretary of the Kastrychnitski district court of Hrodna. But Paval Sapelka, a lawyer in this case, warns against hasty conclusions.

On Wednesday, the human rights activists couldn’t get a copy of the judicial decision saying the claim of the KGB directorate against Viasna’s materials was denied consideration.

There were no information materials on “extremist” character or a judgement in the registry of the Kastrychnitski district court of Hrodna. Officers of the registry said the judge still had all the materials.

The lawyer supposed that the fact a judge is keeping the materials of the case after delivering a judgement, contradicts the legal practice. “It is impossible to estimate legal consequences without learning the text of the judgement,” Sapelka said.

The lawyer doesn’t exclude it can b written in such a way that the KGB directorate may initiate consideration of the case of “extremism” of Viasna’s materials again after the errors have been corrected.