Four Ex-Defendants In 'Patriots' Case' Seek Moral Damage Compensation

The patriots filed a lawsuit for compensation of moral damage to the Minsk court.

The former defendants in the case of "mass riots preparation" Andrei Dundukou, Viktar Maroz, Siarhei Strybulski and Viktar Danilau filed a collective civil action to the Maskouski district court of Minsk, human rights center "Viasna" reports.

The plaintiffs ask to compensate the moral damage caused by illegal detention, bringing as accused, holding in custody and the implementation of non-leave and proper behavior obligations. The Ministry of Finance acts as a defendant in the case.

The preliminary court hearing is scheduled for March 27, 2.30 p.m. The case will be considered by Judge of the Maskouski district court Volha Krauchanka.

In the said lawsuit, the former defendants in the case of "mass riots preparation" refer to articles 939 and 968-970 of the Civil Code of the Republic of Belarus, providing for compensation of non-pecuniary damage by the state treasury regardless of the guilt of the tortfeasor.

The plaintiffs believe that they should receive compensation, since all this time, which they spent behind bars, as well as after the liberation, they experienced deep moral sufferings. So, one of the plaintiffs Siarhei Strybulski says that he decided to seek compensation because of his concern for relatives, friends, and because of their worries for him. The former defendant in the notorious case has most regrets about the lost time. The plaintiffs also link their mental sufferings with the feeling of their honor and dignity being discredited by the state media, with a feeling of legal insecurity, with lowering of social and professional status of some of them, etc.

During the preliminary hearing, Dundukou, Maroz, Strybulski and Danilau will be able to present all the evidence at merits of the case, that is, explain the circumstances, which affected their morale during incarceration and afterwards, in detail.

The criminal case under part 3 of Article 293 of the Criminal Code was initiated by the KGB on the eve of the March 25 action in 2017. More than 30 people were detained in the framework of the case, they were held in the detention centers of the KGB and the Interior Ministry. Gradually, some of them were released from custody and prosecution against them was discontinued, and 16 persons involved were additionally charged under Article 287 of the Criminal Code. At the moment when 14 defendants in the case remained behind the bars, the Investigatory Committee reported initiating another case on creating an illegal armed formation, and the criminal prosecution of the same persons under Part 3 of Article 293 of the Criminal Code by the KGB was stopped.

After the appearance of information on tortures in the KGB detention center, the Belarusian human rights organizations demanded the release of all defendants in the criminal case from custody. On June 27 - 30, in connection with the change of restraint for a non-leave obligation, all 14 defendants in the criminal case on the creation of an illegal armed formation, who remained in detention centers, were released. On November 27, the Investigatory Committee terminated the prosecution of all the defendants in the case under Art. 287 of the Criminal Code of the Republic of Belarus.