Tut.by, BelaPAN, and Onliner Journalists Who Worked at the Protest Were Tried

The verdict is 13-15 days.

On Monday, October 19, journalists are tried again in the October District Court. While working on a student march on Saturday, Darja Spevak from Onliner, Vadzim Zamirouski, and Usevalad Zarubin, who work for two editions - tut.by and BelaPAN, were detained and "taken to the department for a document check." Three hours later, an administrative process was started against them under Art. 23.34 of the Code of Administrative Offenses ("Participation in unauthorized events") and 23.4 of the Administrative Code ("Failure to comply with a legal order or demand of an official in the exercise of his official powers"). The court decided to punish Darja Spevak with 13 days of arrest, Vadzim Zamirouski and Usevalad Zarubin - 15 days.

Daria Spevak (Onliner): 13 days

Onliner journalist Darja Spevak was the first to be tried, although her name was never found in the schedule of meetings. The case is being examined by judge Zhyvitsa.

The witnesses in the journalist's case are Simonchyk and Kushner. The first, according to the protocol, detained Daria. They did not appear at the trial.

- I worked on the student march, first near BSUIR. After that, I went with colleagues to the Minsk State Linguistic University, where the students went to the intersection of Kazlova and Independence. At about 13:00, several minibusses arrived with officers in black; as I understand it, it was AMAP. Two people came up to me, took me by the elbows, and took me to the car. Nobody introduced themselves - they only said: "Give me the phone," the journalist said in court. - (...) I was doing my job. Nobody told me the reasons for the detention, and I didn't ask. I heard the command: "We detain the press representatives," but we know that this is not the first time. I thought that for the documents verification; this is not the first time journalists have been detained.

Witness Tatstsiana Aliaksandrava told the court that she saw the moment of Darja's arrest when she was driving to work and stood at the tram stop.

- I became an eyewitness to the detention of people. This was the first time I saw such mass detention, so I decided to record it on video. Tatstsiana says that "there was no disobedience, attempts to escape or resist."

- I saw the very moment of the arrest when the AMAP officers were taking her. Darja didn't resist.

This video was included in the case file.

Darja Spevak's lawyer drew attention to the fact that the protocol of the interview of the journalist was not completed to the end, and the protocol of her detention states that she was detained at 13.30 on the same day, although she "participated in the rally" at about 13.00.

- My client fulfilled her professional duties. She had a badge with her, which certifies this, and also allows her to attend public events.

The lawyer offered to send the case materials for revision. After reading the protocols of the interviews of the witnesses - policemen Simonchyk and Kushner - who participated in the arrest, the judge made a decision, without even taking a break: to find Darja Spevak guilty and to appoint her seven days of arrest under Article 23.34 and six days under Article 23.4. In total, Daria will stay under arrest for her professional activities for 13 days.

Vadzim Zamirouski (TUT.BY and BelaPAN): 15 days

Right after lunch, Judge Zhyvitsa began to consider the case of photojournalist Vadzim Zamirouski, who works for BelaPAN and TUT.BY.

The protocol under Article 23.34 of the Administrative Code, drawn up by the police, reads as follows: on October 17 at 13.00, Vadzim Zamirouski was on the sidewalk near the roadway at 2 Kazlova st. and took part in a rally without the appropriate permission of the Minsk City Executive Committee, which was considered "a mass meeting of citizens in order to publicly express their socio-political sentiments."

According to the protocol of disobedience (article 23.4 of the Administrative Code), on October 17 at 13.30, Zamirouski responded to the "repeated demand" of the commander of the PPS company, police captain Simonchyk, to leave a certain place to ensure public safety, with a categorical refusal, which rendered disobedience to policemen on duty.

The witnesses indicated in the protocols did not appear at the meeting "due to their official duties," the court clerk said at the beginning of the meeting.

Vadzim Zamirouski himself is in the temporary detention center on Akrestsina Street; he gives his explanations via video link.

The lawyer filed a motion to call two witnesses - BelaPAN director Dzmitry Navazhylau, who can confirm that Zamirouski was carrying out an editorial assignment, and journalist Nastassia Rouda, who saw the moment of the arrest.

The court agreed with the questioning only of the journalist Rouda, since the fact that Zamirouski worked as a journalist on that day is confirmed by the written materials of the case - an editorial assignment and a certificate, Judge Zhyvitsa said.

Vadzim Zamirouski did not agree with any of the offenses imputed to him. He explained that on October 17, he was working on a student march.

- At about 12.50, the demonstrators started to move, passed along the street Rumiantsava, turned to Kazlova, went out to Independence Avenue. At that moment, several minibusses drove up.

From there, Vadzim continues, AMAP ran out, detained students, after that - Darja Spevak, and then himself.

- It happened at 13.04, while no one approached us, no requests were made to leave the territory. I was there with an official ID and took photographs as a journalist.

According to Vadzim, everything happened in just three minutes.

- An AMAP officer approached me and asked to go through. I got through.

- How did you look? - clarified the lawyer.

"I was wearing a turquoise jacket, and a large editorial ID was hanging around my neck. I also had two cameras on; it was quite obvious that I was a journalist. No force was used against me.

Vadzim Zamirouski also explained that all the time, he kept away from the column of students who participated in the march.

Witness Nastassia Rouda said that on October 17 at 13.00, she was in the Palace of Art, on the second floor by the panoramic windows.

- Around 13.04, I went to the window, and I heard a girl screaming: "Mama, Mama, AMAP." After that, I saw Vadim Zamirovsky, whom I recognized because I know him, being taken to a police minibus. He didn't show any disobedience. He was accompanied by one of the AMAP officers.

According to Nastassia, she started recording the video at 13.04.

It was decided not to summon the police officers as witnesses, whose names are indicated in the protocols - Simonchyk and Kushner. During the trial, someone read out the protocols of their interrogation, which completely duplicate each other, as well as the protocol on an administrative offense.

- The protocol does not indicate exactly how I violated public order or participated in an unauthorized event, - said Vadzim Zamirouski.

Judge Zhyvitsa also got acquainted with the video of the detention, the inclusion of which was requested by the defense.

The court found Vadzim Zamirouski guilty on both counts and sentenced him to 15 days (10 days for participating in an unsanctioned rally and 5 for insubordination).

Usevalad Zarubin (TUT.BY and BelaPAN): 15 days

The last to consider was the case of Usevalad Zarubin. The judge is the same - Zhyvitsa, articles are the same - 23.34 and 23.4 of the Administrative Code.

The offenses that Usevalad allegedly committed sound about the same as those of Darja Spevak and Vadzim Zamirouski.

That is, he also "participated in an organized mass gathering of citizens to discuss socio-political sentiments" and then "responded with a categorical refusal" to the demand to leave a certain place.

Usevalad did not admit his guilt.

At the beginning of the trial, the lawyer made several motions: to attach several photographs showing how the journalist fulfills his professional duties, as well as two videos showing that he did not take part in the unauthorized event.

The lawyer also asked to call witnesses - the head of the BelaPAN agency Dzmitry Navazhylau and an eyewitness to Ziankovich's detention.

During the trial, Usevalad explained that he really was at the address,2 Kazlova street, but, at the same time, he was fulfilling his professional duties, namely, filming what was happening on the video. When he was detained, no one asked to leave "a certain place," and, moreover, he did not resist.

Usevalad says he could not have been detained at 13.30 in any way, as indicated in the protocol since, at that time, he was in a paddy wagon.

- I was completely alone. An AMAP officer came up to me and asked me to show me the identity card that hung around my neck. I showed him, he read it, asked if BelaPAN had accreditation. I didn't answer - and the employee just asked to go with him.

After that, Usevalad says, he was taken to a paddy wagon, after which he was transferred to a police "Gazel" and taken to the October district police department.

Aliaksandr Ziankevich, a journalist with Novy Chas, told the court that he met Vsevolod on the day he was detained.

Aliaksandr had a short talk with him and learned that several colleagues had already been detained that day. Then he went to the tram tracks, from where he saw how a few minutes later, Usevalad was detained. There was no longer a protest action at the arrest: the students, according to Aliaksandr, were near the Palace of Art.

Dzmitry Navazhylau, director of the BelaPAN news agency, explained in court that on October 17, Usevalad worked as a videographer at a street action.

- Communication with the editorial office was constant; he managed to transfer the filmed videos. This is not his first shooting, and every journalist knows that he has no right to participate in this action - from a moral, professional, or ethical point of view.

The protocols of the interrogation of police witnesses and the report contain the same information as in the protocols of administrative offenses: he was at 2 Kazlova and participated in a rally without the appropriate permission of the Minsk City Executive Committee, refused to fulfill the employee's legal requirements during execution, thereby showing disobedience.

Usevalad also asked to attach to the case a video from the phone that he took before the arrest. It shows that he did not participate in the action and did not resist, Usevalad argued.

The judge rejected this motion, "as it is aimed at delaying the case."

Other videos, filmed by eyewitnesses and journalists, were included in the case.

Without interruption and without leaving for the deliberation room, Judge Zhyvitsa ruled: to recognize Usevalad Zarubin guilty and to arrest him for 15 days (10 days for participating in a rally and 5 days for disobedience).

Students took part in a protest march on Saturday, October 17. Some were detained. Among the detainees were journalists from Onliner, BelaPAN, TUT.BY, RIA Novosti, who covered the events. First, they were taken to the October district police department. The journalist of RIA Novosti was released after a while; administrative protocols were drawn up on the rest. At about 6 pm on Saturday, they were transported to the temporary detention facility on Akrestsina Street to await trial.