The Ministry of Internal Affairs expels the Russian with a 5-year ban to enter the country “in the interests of public order”.
On June 21, Sviatlana Lupichenka, a judge of the Buda-Kashaliova district court, dismissed the complaint of a 38-year-old Russian citizen Vladimir Trauter, whom the local authorities of the Ministry of Internal Affairs expel from the country for 5 years “in the interests of public order”, reports Homel Spring.
The interests of the police department are represented by Victoryja Vasilenka, an employee of the citizenship and migration department. At the meeting, Trauter repeated once again that he had no place to go to in Russia - in Belarus he had a family, a sister, a sick mother, a job, a house and loans. Legal assistance was provided by the legal inspector of the independent REP trade union Leanid Sudalenka. He represents Trauter’s interests in court under a power of attorney.
In his opinion, both the officer of the local police and the district judge during legal proceedings fully manifested legal nihilism in the matters of human rights.
“A police officer, for example, allowed the court to ask why the person being deported does not accept Belarusian citizenship. Only after my statement about the right of everyone to choose both religion and citizenship, did the judge clear this question. The law on the legal status of foreigners explicitly states that if an international treaty provides for other rules than the national law, international norms should be applied. The judge was unable to substantiate her decision by excessive and disproportionate interference both in the privacy of the expelled person and in the privacy of his family and minor child. She was fully satisfied with the fact that the order of expulsion in the case was not violated by the police,” Leanid sudalenka commented on the court’s decision.
Speaking in the debate, the human rights activist noted that on June 24 the UN Human Rights Council Special Rapporteur on the situation of human rights in Belarus Anais Maren will provide a report in which the previous Buda-Kashaliova case, when the regional court in Homel overturned the decision of the local court to expel a citizen of Ukraine Serhii Protsenko, is reflected as a positive moment to end the discriminatory practices against foreigners in Belarus.
“I propose to preserve this good start noted at a high international level towards the observance of human rights in our country,” the human rights activist suggested to the court.
The woman in the mantle of the judge at that moment apparently thought - where am I and where is this high UN tribune!
The expelled man is a citizen of Russia, but has been living in Belarus for 26 years in the village of Hubichy, Buda-Kashaliova district. Trauter is married, has a minor son, a permanent job, a large household.
The Department for Citizenship and Migration of the Buda-Kashaliova District Department of Internal Affairs decided to expel the Russian citizen from Belarus with a five-year ban on entry because of an administrative offense. In February 2019, Trauter was caught on drunk driving by the traffic police. Another offense that he was charged with was talking on a mobile phone while driving.
The leadership of the Hubichy Communal Agricultural Unitary Enterprise, where Trauter works as a livestock breeder, sided with him. The petition for the Russian to be left in Belarus was signed by 67 residents of the village of Hubichy. His relatives, fellow villagers, colleagues and friends came to the court to support Trauter.
The man asks the court to cancel the decision of the police to expel him. Legal assistance is provided by the legal inspector of the independent REP trade union Leanid Sudalenka. He represented Trauter’s interests in court.
Legal inspector Sudalenka also added that all the witnesses questioned by the court described the expelled person as a “decent man”, “good son, brother, husband and father” as an “executive employee”. “Let's give him a chance for correction,” the collective farm brigadier, the man’s supervisor at work, suggested to the court.
The district judge did not provide such a chance to the expelled person. Trauter’s representative said that the decision would be appealed in the Homel regional court within 15 days.