“Nobody from the Ministry of Internal Affairs apologized.”
For three years, Dzmitry Serada from Minsk sought compensation for the fact that special police broke into his apartment, and detained him with force, in the eyes of his wife and little daughter. On the same day, it became known that Dzmitry had nothing to do with the crime of which he was suspected, writes tut.by.
Despite the fact that the Ministry of Internal Affairs did not admit its guilt, the court decided to recover about 3 thousand rubles in favor of the injured citizen - for the repair of the destroyed apartment, and treatment. The compensation was paid from the budget. “Nobody from the Ministry of Internal Affairs apologized,” said Dzmitry. “I will sue them for non-pecuniary damage, and appeal the refusal to institute criminal proceedings.”
This story began with a statement to the police of two Minsk women who said they had met an exhibitionist in the park. Dzmitry was fishing with friends that day, 80 km away from Minsk - both witnesses and mobile phone data could confirm this, but the police did not check this information. According to the victim’s tip, who saw Serada in a neighboring yard, the law-enforcement officers came to detain him as a suspect early in the morning. They had not tried to summon Dzmitry by a subpoena. As the head of the criminal police of the Zavodzki District Department of Internal Affairs Vital Kapilevich explained in court, the security officer acted “in a way standard for such situations” - he came to detain the suspect with the force support in the form of special police.
“This is a standard procedure for detaining people for this type of crime (a criminal case was instituted under Part 1 of Article 339 of the Criminal Code - “Hooliganism”) associated with mental disorders,” Kapilevich explained.
Dzmitry Serada does not suffer from mental disorders, is not registered with a psychiatrist, the law-enforcement officers could easily verify this information, but they didn’t.
- Do you consider it necessary to apologize to Serada? - the lawyer asked Kapilevich in court.
- I believe that the employees acted in accordance with the law. We simply cannot make any apologies in this part,” he answered.
Security officer Aliaksandr Nushchyk headed the force operation. When it turned out that Serada was mistakenly detained, Nushchyk was brought to disciplinary liability, however, the penalty was removed ahead of schedule.
“Three employees were just reprimanded. And the penalty was removed ahead of schedule,” says Dzmitry Serada.
Summing up the work of the criminal investigators of Minsk in 2017, Aliaksandr Nushchyk was recognized as the best operational officer. Nushchyk also received a promotion - now he is a senior operative in the Zavodzki District Department of Internal Affairs.
For three years, seven times a criminal case was opened on the fact of abuse of official authority (under Part 3 of Article 426 of the Criminal Code - is punishable by imprisonment for a term of 3 to 10 years), and issued several refusals to initiate a case. Dzmitry says that he recently received a response from the General Prosecutor's Office, where they believe that the refusal to initiate a criminal case is justified: disciplinary offenses were discerned in the actions of the police officers, for which they were brought to disciplinary liability. The Minsker does not agree with this position and intends to appeal to the court.
“I’ll go to court for compensation for non-pecuniary damage,” the interlocutor said. “And appeal the refusal to institute criminal proceedings. I will demand that employees who attacked me and my family and illegally detained me should receive fair punishment. In court, representatives of the Ministry of Internal Affairs could not name a single legal requirement for entry into my house.
Journalists specified whether there were apologies from police officers to Dzmitry and his family.
“Nobody from the Ministry of Internal Affairs has ever apologized,” the interlocutor said, although one of his demands in court was an apology in the media.