21 February 2019, Thursday, 3:43
Appeal of the BPR Rada

Patriot Bialiauski Goes On Fighting System


The Supreme Court refused to change the verdict to Andrei Bialiauski.

A month ago, artist-designer Andrei Bialiauski, the former defendant in the "Case of Patriots," sent a complaint to the Supreme Court against the verdict of the Leninski district court of Minsk, who sentenced him to one year of restriction of freedom without placing to a correctional institution for storing one cartridge, the human rights center Viasna reports.

The other day he received a response from the highest court, saying that his complaint remained without satisfaction, and the verdict was in force.

The answer signed by Supreme Court Deputy Chairman Ruslan Aniskevich, notes that the decision of the first instance court on Bialiauski 's guilt is in line with the actual circumstances of the case, is correct in essence and is not to be disputed in the complaint. The Supreme Court found the complaints about excessive severity and inadequacy of the appointed punishment to the deed unsubstantiated. Moreover, the Supreme Court, like the Minsk City Court in its time, generally ignored the remark that two and a half months spent by Bialiauski behind bars during the investigation in the case of "illegal armed formation" were not taken into account by the Leninski district court in making a decision.

Thus, the former defendant in the "Case of Patriots" has exhausted all means of internal protection in the case for the storage of the cartridge.

We remind that Andrei Bialiauski was arrested on March 21 and charged under Part 3 of Art. 293 of the Criminal Code – "training and preparation for participation in mass riots" and Art. 287 of the Criminal Code – "the creation of an illegal armed formation". He was released from the KGB jail with a written undertaking not to leave the city on June 2 with the termination of the case under Art. 293 of the Criminal Code. Police found a serviceable cartridge at his place during a search immediately after his arrest.

At the end of November the Investigative Committee closed the case on "an illegal armed formation", but a new case against Bialiauski was initiated – for storing ammunition (Part 2, Article 295 of the Criminal Code of the Republic of Belarus). On December 12, the Investigation Committee presented the young man with a charge, and one month later, on January 12, the Leninski district court announced its verdict on the case. Judge Maryna Zapasnik found Andrei Bialiauski guilty under Part 2 of Art. 295 of the Criminal Code ("Illegal manufacture, acquisition, transfer to possession, sale, storage, transportation, transfer or carrying of firearms, ammunition, explosives") and imposed a 1-year restriction on freedom without placing to an open type correctional institution. After consideration of Bialiauski's appeal in the Minsk city court, the verdict came into force.