Mikhail Pastukhou: We Need To Just Change Power

Our law-enforcement system has worn out like an old hut.

2019 ended in Minsk with protests against the integration with Russia. Hundreds of unindifferent citizens took part in them, writes Doctor of Law, Professor Mikhail Pastukhou for Svobodnye Novosti.

Then many of them were subjected to administrative penalties. Why is this happening in modern Belarus? Is it permissible to treat citizens who defend the country's independence lie this? How to restore peace and harmony in the Belarusian society?

Pro-Independence Actions

On December 7, 2019, the heads of state of Russia and Belarus met in Sochi, and in Minsk more than 700 people gathered in the Kastrychnitskaya Square. A number of politicians and public figures addressed the protesters, including Pavel Seviarynets, Uladzimir Niakliayeu, Uladzimir Arlou, Dzianis Urbanovich, Maksim Viniarski, and Alena Talstaya.

Another action was organized by the Fresh Wind public campaign. About 200 people stood in a live chain along the Independence Avenue - from the main post office to the circus.

The next day, on December 8, hundreds of city residents again came to the Kastrychnitskaya Square. The participants of the action adopted a resolution which stated that they did not support integration with the Russian Federation, and opposed the signing of the so-called roadmaps.

On December 20, 21, and 29, the protests in the Kastrychnitskaya Square continued. By this time, some protesters were subjected to administrative arrest. Among them were Pavel Seviarynets, Maksim Viniarski, Dzianis Urbanovich, Yauhen Afnahel, and Leanid Kulakou. Those who gathered recalled them, and demanded their release.

The judicial conveyor is back in operation

The final chord of the year in Belarus was the trial of participants in unauthorized actions. The most “fruitful” in this regard was the day of December 26. In most district courts of Minsk (Leninski, Maskouski, Central, and Frunzenski), 16 public activists were subjected to administrative arrests and fines under Article 23.34 of the Code of Administrative Offenses (“Violation of the procedure for organizing or conducting mass events”).

Here is list: Natallia Symatyja (30 base fees), Ales Lahvinets (30 base fees), Viktar Kavalkou, father Vincent (30 base fees), Alena Talstaya (5 days of arrest and 50 base fees), Andrei Voynich (30 base fees), Iryna Schastnaya ( 30 base fees), Dzmitry Kazlou (blogger Gray Cat), Dzmitry Kazakevich (50 base fees), Andrei Kulik, Illia Dabratvor, Mikalai Bambiza, Pavel Seviarynets, Nina Bahinskaya, and Dzianis Sadouski.

On December 27, the “judicial conveyor” continued to work. Its “victims” were: Ales Chakholski (15 days of arrest), Stas Shashok (15 days of arrest), Leanid Kulakou (10 days of arrest plus 50 base fees), Piotr Markelau (30 base fees), Yury Hubarevich (30 base fees), Halina Lahotskaya (30 base fees), Andrei Rohau (30 base fees), Maya Navumava (50 base fees), Dzianis Yurkevich (20 base fees), Anton Zhylko (20 base fees), and Dzianis Krasachka (20 base fees).

The trials of Uladzimir Arlou, Uladzimir Niakliayeu, Viachaslau Siuchyk, and Piotr Sadouski were postponed to January 2020.

How the trials of the “dissent” went can be seen on the example of the trial of 80-year-old Piotr Sadouski, a former deputy of the Supreme Council of the Republic of Belarus of the 12th convocation, the first ambassador of Belarus to Germany. The case was considered by Judge of the Central district court of Minsk Yulia Hustyr. At the appointed time, police witnesses did not appear at the trial. P. Sadouski questioned the protocol on an administrative offense, since on December 7 at 12 o’clock he was at home with a fever. He arrived at the Square at about 3 in the afternoon, stayed there for half an hour and returned home. Meanwhile, the protocol says that he was in the Square at 12 o’clock, and held a white-red-white flag. In the picture shown at the hearing, there was a completely different person in a different jacket. Despite the apparent failure of the case, the judge announced a break, and postponed the hearing until January 9.

This case, as well as cases in relation to other participants of the actions against integration with Russia, confirms the rightness of sensible people that they are not criminals.

This conclusion follows from an analysis of the norms of the Constitution. Every citizen has the right and obligation to protect the independence of his country (Part 3 of Article 1).

Democracy in Belarus is based on a variety of opinions (Articles 4, 33). This means that everyone can freely express their attitude to the position of the authorities. Citizens are also guaranteed freedom of assembly, rallies, street processions, demonstrations and pickets, if this does not violate public order and the rights of other citizens (Article 35). No law, decree or ordinance can prohibit people from expressing their opinions and protests, as this will be an unreasonable restriction of the rights and freedoms of citizens (Article 23 of the Constitution).

In this situation, representatives of the authorities (in and without uniform) did not have the right to detain and try citizens because they gathered peacefully in the square and expressed their attitude to the negotiations on the so-called in-depth integration. It is, in fact, about the commission of crimes against justice: Article 392 of the Criminal Code (“The passing of a deliberately illegal sentence, decision or other judicial act); Article 397 of the Criminal Code (“knowingly unlawful detention or arrest”; Article 404 (“Forcing a witness (...) to give false evidence ...”). With regard to the compilers of the police reports, it is quite possible to talk about official forgery (Article 427 of the Criminal Code).

How to return consent?

For me as a lawyer, the answer to this question is not difficult. We just need to change the power, make it more legitimate, humane and controlled by the people.

It’s hard for me to imagine that the authorities - men in their prime - are engaged in such inane and humiliating work, namely: they conduct insolent filming of participants in peaceful actions, then they identify them through secret databases, draw up identical protocols on administrative offenses, and give memorized evidence in court, answering specific questions of “offenders” irrelevantly.

Who needs this? In any case, neither police officers, nor judges, or the country. This is necessary for those who give illegal commands and demand their execution. In order to exclude such practices, it is necessary to carry out appropriate transformations in the political and legal sphere. So, we need a reform of the courts and other law enforcement agencies with subsequent updating of personnel. To do this, just change the order of appointment. For example, to elect judges, for a relatively short period (five years). To accept staff to the police by competition, and to elect all the chiefs and prosecutors from among the staff, taking into account the track record.

And this will be done as soon as the conditions for the reform appear, because our law enforcement system has worn out like an old hut. It is not subject to repair. It is necessary to build a modern system on a new legal basis.

From the editors

After this material was prepared for publication, more than 40 trials of participants in unauthorized December actions took place in the courts of Minsk.