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Anonymous Witnesses in Balaclavas Hope to Evade Responsibility, but Every Judge Is Known

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Anonymous Witnesses in Balaclavas Hope to Evade Responsibility, but Every Judge Is Known
Mikhail Pastukhou

Soon the sun will rise in our sky.

The number of Belarusian judges is over 1200, and more than 2/3 of them are women. They say that war is a man's business. But in our war, women are actively involved. Why are they so cruel? This is the topic of the conversation between the Belarusian partisan and Doctor of Law, Professor Mikhail Pastukhou.

- Now, the epicenter of repression has moved to the courts. Why every political trial or sentence is a shock?

- Under the current government, the courts have become an instrument of reprisals against unwanted people. Taking advantage of their position, they pronounce sentences, and thus, the illusion of some kind of legality is created. In fact, the current judges are complicit in what is happening. In my opinion, this group of authorities has turned into a corporation that is holding the population of the country hostage. And in this corporation, the courts are assigned the role of punitive bodies.

- How many judges are there in the country? Why do they all obediently carry out a political order?

- Now, the number of Belarusian judges is over 1200 people. Moreover, more than 2/3 of them are women. This is due to the fact that the main reserve of judicial personnel is the secretaries of court sessions, who write minutes and are engaged in other routine work. During their activity, they adapt, receive a distant legal education. After reaching the age of 25, they are promoted to judicial office as well trained and proven employees. There are incentives for this: a sharp rise in salaries, the appropriation of a high class of civil servants, the possibility of obtaining service housing, and career prospects. In addition, such judges are well aware of what those in power want from them.

The judges are under the scrutiny of higher and supervisory authorities. They undergo periodic certification for professional literacy and political loyalty. They act strictly according to the instructions of their superiors and do not dare to contradict them. Their salary (including bonuses) and growth prospects (contract renewal) depend on this. The judges, like the "siloviki," are under cover of the "system" and know that they will be held accountable if the "orders" are fulfilled.

- Unlike people in balaclavas who act as victims and witnesses in the courts, a judge has a surname and a first name. After a lapse of time, can such a judge be tried for unlawful sentences and punishments?

- Yes, judges have to do their job in public. Their names and signatures remain under each announced decision as traces of either legal or illegal activity. If the power system changes, they will not have a "roof" that previously protected from the anger of those who were unjustly convicted. It is very likely that they will have to answer to the full extent of the law.

However, under the current system of government, judges cannot act differently. Moreover, their resignation letter can be regarded as a betrayal of the government that raised them. Such judges can be held criminally liable on far-fetched (for example, faked bribe transfer) or real charges.

In my opinion, under the new conditions, a total personnel cleaning of the courts should be carried out. For this, it is necessary to introduce the principle of the election of judges. After the recommendation of a candidate for a judge's position by the judicial self-government body, he must receive the support of a representative body of power (parliament - for judges of higher courts, a local representative body - for other judges). Only new judges, free from the bonds of the past system, can administer legal justice. In particular, they can easily reconsider all the cases of past years, as well as fearlessly conduct trials against those former judges who have committed crimes against justice.

- Political prisoners did not appear in Belarus just today. The whole world knew about this problem. Why, despite all efforts, the number of political prisoners has not become less, but became much more?

- Now, according to human rights activists, there are almost 200 such people. In my opinion, this happened for the reason that after the collapse of the USSR, Belarusians did not find freedom. The Soviet party regime was quickly replaced by the one-man regime. It has become even tougher than the government under the communists. The system of power was built on the principle of personal loyalty and mutual responsibility. In all spheres of life, strict control was established from the center: in the sphere of economics, finance, media, elections. There was a "clean-up" in the sphere of activities of political parties and other public organizations. A "presidential vertical" has been formed in the localities. As a result, the country turned into a regime camp with numerous overseers and controllers. Any activity and discontent are brutally suppressed.

A positive factor is that many citizens realized their powerless and dependent position, as well as what the current government is. The public consciousness and solidarity of people are growing. At the same time, the power is weakening, losing its potential, degrading. The time for change is approaching. Events in Russia give additional hope since there is the same regime as in Belarus. Therefore, our liberation from the oppression of power is a common cause. I think that soon the sun will rise in our sky and fill our life with light and joy.

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