Volha Klaskouskaya: I Have Not Been Broken and Will Not Be Broken, I Am With My People!

The activist was sentenced to two years in prison.

The criminal case on blocking the road in Serabranka and a fight on the roadway was considered in the Leninski District Court in two sessions. During the debate, the prosecutor found the accused guilty and demanded to punish them, while the lawyers, on the contrary, considered the guilt unproven. Let us remind you that three defendants were involved in this case: a 38-year-old woman from Minsk, a former journalist of Narodnaya Volya, Volha Klaskouskaya, and two young men, 17-year-old Maksim Babich, and 18-year-old Artur Bulauski. Today the court announced the verdict: the woman from Minsk received 2 years of imprisonment in a general regime colony, the guys were released in the courtroom - they received restriction of freedom without being sent to institutions, tut.by reports.

The prosecutor considered that the guilt of the three accused had been proven in court: they "grossly violated public order, which entailed disruption of the transport operation" (part 1 of article 342 of the Criminal Code of Belarus). However, the initially declared organization of group actions was re-qualified by the state prosecutor for active participation in them.

- The guilt of Klaskouskaya (one of the accused. - ed.) is confirmed by the totality of testimony of witnesses who indicated that the woman was on the road. Yauheni Vertsikhouski (one of the victims - ed.) directly pointed to Klaskouskaya and gave consistent testimony by what signs he identifies her, how he observed her and could identify her at the ROVD. The fact of her complicity is also confirmed by the protocols of her mobile phone seizure, which had photographs from the scene of the incident; this is consistent with the testimony of the victims that the woman was filming on the phone. According to signs, the seized bag coincides with the one that the woman had at the scene.

As for the other two accused - friends Maksim and Artur - according to the prosecutor, the guys succumbed to an unnecessary impulse, someone's call to block the roadway, joining in a chain with other people. The nature of the actions and the defendants' testimony confirm that they aimed to create congestion.

- In my opinion, the normal operation of transport consists of the smooth and safe implementation of traffic according to traffic rules. The normal traffic was impossible - you can see it in the video. For the driver, people on the road are danger regardless of the traffic signal. Although a turn was then allowed for the extreme right lane, traffic along it was impossible.

The prosecutor recalled that in the video it was possible to see how the main red traffic signal changed to yellow, and then to green. He believes that since people continued to be on the road, the trolleybus and several cars did not start moving.

- Minsktrans gave a certificate that no damage was done to the enterprise, but the fact of non-violation is conditional. The trolleybus driver's testimony is also important: he had to catch up with time to stay on schedule.

According to the state prosecutor, the guilt of 17-year-old Babich and 18-year-old Bulauski was proven under the article "Hooliganism," and this is not affected by the victims' opinion that no harm was done to them. But here, too, there were some exceptions to the charge: there was no preliminary agreement.

- The accused deny their guilt; they say that such actions came from the victims. And the violence that they used is protection and should not be regarded as hooliganism, - the prosecutor recalled the words of Maksim and Artur. - The victims Vertsikhouski explain: an insult was expressed in their address; it seemed that they tried to damage their car. The brothers claim that they wanted to stop illegal actions on the roadway. They were outraged by them, which was the motive to go out and sort it out. Babich was the first to strike; the victims did not encroach on the accused. So the first article grew into a more serious crime - hooliganism.

The prosecution asked to impose a sentence for Volha Klaskouskaya (taking into account the fact that she has an eight-year-old child, as well as an outstanding criminal record) in the form of imprisonment for a term of two years with serving a sentence in a general regime colony. For Babich and Bulauski, the prosecutor asked the court to impose a sentence of restraint of freedom without referral to a special institution: for Maksim - three years, for Artur - two and a half years.

Defense: "No proven guilt. To acquit"

All three lawyers of the accused agreed in a single opinion about their clients: their guilt has not been proven.

- There is no confirmation of the crime, - said the defender of Volha Klaskouskaya. "The whole incident on the road took two and a half minutes. It was evident that the green light came on, but the trolleybus did not move, and the driver was standing and filming. Why? Whether the trolleybus driver was catching up with something or not is not confirmed by anything. Klaskouskaya did not block the road. There is no evidence that she was in the video, except for one thing: a photo from the scene was found on her phone, but this is not enough. After all, it is not established from what place and how the shooting was made. In this case, the prosecutor asked for the maximum penalty, although the sanctions provide for a fine, arrest. It's inhumane. Please, acquit.

The defender of Maksim Babich also believes that there is no corpus delicti in the guy's actions, and he should be acquitted.

- Maksim is brought up in a military family in the spirit of patriotism. The victims did not suffer moral harm, but, in order to attract them under Art. 342 of the Criminal Code, it is necessary that there was material damage, - the lawyer focuses. - It was noted in the court that the injured Vertsikhouski brothers performed a public duty. But they are not guards or on duty to do this. Moreover, they stopped the car on the road, using an insignificant fact, and went out not to suppress hooligan actions but to sort it out right on the roadway. The conflict arose against the backdrop of this quarrel. At the same time, there was no violence on the part of Babich, it was applied by Vertsikhouski to my client.

Artur Bulauski's lawyer also believes that the guilt of each participant should be taken into account; she noted that the Vertsikhouski brothers were the initiators of the fight.

- They jumped out of the car with aggression; people tried to stop them. During his testimony, one of them said: "What's wrong with that? I went out and used obscene language." At the very least, this is administrative responsibility. This aggression led to the fight. Bulauski was simply not involved in this fight, and I ask you to stop the criminal prosecution against him under the article "Hooliganism."

The lawyer asked to appoint Artur a punishment not related to imprisonment and take into account that the guy is brought up in an incomplete family in a socially dangerous situation; he has two more brothers, 7 and 12 years old.

After the speeches of the lawyers, the prosecutor asked to remove from the charges under Art. 339 "resistance to a person who suppresses hooligan actions."

The floor in the debate was given to the underage Maksim Babich's legal representative - the boy's father, Viktar Babich.

- I am an active officer, 25 years in the service. My unit and I were involved in putting things in order in the Republic of Belarus. I saw that everything that happens is directed by telegram channels. Goofs like this one (the man nodded towards the iron cage with the accused. - ed.) operate through these channels. Maksim is trusting; at that time, he did not have the environment that should have been. I hope this will be a lifelong lesson for him and the other guys. High Court, please be lenient with my child.

The last word: from "I apologize" to "Long live Belarus!"

38-year-old Volha Klaskouskaya, who, during the investigation of the case and its consideration in court, refused to testify, decided to speak with the last word.

- When I was detained, I was very badly beaten. I became very ill in the police; they called for medical help. I was taken to the 5th hospital, where I was diagnosed with TBI and concussion. This is all in the criminal case, but, for some reason, such trifles are not interesting to anyone. After I was prescribed treatment, I was stolen by unknown people in balaclavas literally from under the IV, with a catheter. When I got to Akrestina and then to Zhodzina, I was denied medical care, despite the diagnosis. I refused to give evidence in the police department; I was threatened with execution several times if I did not start testifying against myself or other people. I refused. They didn't break me, and they won't break me. If I am convicted under this article, it will be a great honor for me. So, my life was not lived in vain, and I am with my people. Long live Belarus!

- Please excuse me for such stupidity. I realized that it was reckless. I had no intention of harming. I come from a military family. I am very ashamed in front of my parents. I ask you not to judge strictly, - said the minor Maksim Babich.

It took me two months under arrest to understand that I broke the law by those actions. I apologize for the fact that on that day, I committed such a crime. Please do not judge strictly. I want to make it right, - said Artur Bulauski in the last word.

Sentence

Today, on December 22, the court announced the verdict: a woman from Minsk received 2 years of imprisonment in a general regime colony, Maksim - 3 years of imprisonment without being sent to an institution, Artur - 2 years and 6 months of imprisonment without being sent to an institution. The guys were released in the courtroom.

Volha Klaskouskaya said she would appeal the verdict. Maksim Babich also announced an appeal against the verdict.