Pavel Sapelka believes that the security forces were acting unlawfully.
Viasna human rights activist, former lawyer Pavel Sapelka believes that the police violated the law at least twice when they brought a teenager to responsibility for a slap to the town policeman and posted the video of the teenager on the Internet, Radio Svaboda reports.
According to Pavel Sapelka, the detained young man could not be held accountable under the Criminal Code.
“In my opinion, there are a few incontestable moments that cast doubt on the rightfulness of the actions of the police.
The teenager’s actions did not cause any damage to the sculpture of the policeman. So, the application of the Criminal Code, which provides for responsibility for such crimes (Articles 344 and 345) is excluded.
It is also impossible to bring to justice the conditional “violator” under Article 346 of the Criminal Code, which is about historical and cultural values, since the sculpture of the policeman is not a historical and cultural monument. The second part of this article provides for responsibility for the desecration of monuments to defenders of Motherland, but here it is about a different time and a different image. Thus, criminal liability is excluded.”
Pavel Sapelka believes that the act of the detainee could be only considered under the Administrative Code. But even here, a number of the law’s requirements are not met, the human rights activist believes.
“It is possible that the policemen observed hooliganism in the actions of the teenager. They equaled a slap to other disrespectful actions towards immovable objects. For example, to inscribing obscene words, causing damage. They saw a violation of the order of mass events.
But in any case, it is necessary to do everything according to the law: to draw up a protocol, to call parents, because he is a minor, the law prohibits any actions without his representatives. The explanations are taken in their presence, and the case is sent for consideration to the court. I have big doubts that it was done.
In the video, which was posted by the police, there is not a word that the young man was found guilty of an administrative violation, meanwhile he is already apologizing. It is also unclear whether permission from him and his parents had been received for posting such a video. It can be assumed that he was forced to ask for forgiveness, and this is also a violation of the law, which requires an investigation,” – human rights activist Pavel Sapelka said.
Journalists have not yet been able to get a comment on this case from the Ministry of the Interior.