To A. Lukashenko

To the Public Prosecutor of the Republic of Belarus

To the Council of Ministers of the Republic of Belarus

To the Supreme Court of the Republic of Belarus

I want to pay your attention to the complete impunity, frank impudence and cynicism, regular breaches of the law of RB «About militia» by the employees of militia. It is the very dangerous tendencies which lead to the detriment of trust of the authority of bodies of MIA at the citizens.

Let's begin from the fact that the depositions of the employees of militia in the court have primary importance on the indications of the citizens.

The employees of militia appear as the witnesses at on all practically administrative businesses. And they do not pay any attention that there are lot of witnesses, civil persons on a place of fulfilment of an offence. In other words the public, the citizens do not participate in an administrative process. It is very serious ground for the formation of the corrupted structures in MIA. The judicial process turns into farce. The employees of militia make the protocols themselves, and they are the witnesses on them!!?

The second nuance of our legislation is the drawing up of the administrative protocol. The protocol is made in the single copy. A citizen does not have a copy of the protocol. The militiamen can add there everything they want and as much as necessary.

A felonious group which consist from several militiamen can keep in awe the certain part of people without consequences for themselves. How can it happen?. There are a lot of dodges, I shall describe only one fresh episode.

The market "Dinamo" in Minsk. 11.08.2000. Two employees of militia in the clothe of a civil person approach to citizeness K. and say that she has broken the Decree of the President #1, i.e. the goods has been sold for currency. Nobody confused with those facts that citizeness K. denies the fact of sale of the goods for currency, there is no currency, there are no buyers of the goods and there are no witnesses "of the bargain", only there are militiamen.

The man, Igor Namochenko approaches, and tries to protect the woman. He asks the militiamen to call their name. But the militiamen take away the documents without the drawing up of the protocol of the withdrawal on a place and disappear.

This day the attempt to find the militiamen fails. The next day Igor Namochenko some times comes to the militia division with the request to find these militiamen. The militiamen has been found in some hours and they …. Make up the protocols on I. Namochenko for hooliganism and disobedience. And witnesses again are only militiamen. The civil persons assert the opposite. But their depositions are perceived by nobody. They put on handcuffs, forbade to call on the phone, arrested, thrashed and tried to put in the reception centre till Monday. There was no place in the reception centre, so he was let off. In the court the militiamen lie frankly, made inconsistent depositions, but the court these circumstances did not examined. The court accepted the part of the militiamen and depositions of the witnesses, civil persons were not taken into account.

If to assume that in the market "Dinamo" the felonious group on the extortion of bribes which consist from these militiamen (Kirill Darinskikh, Ruslan Suitko, Eduard Novik etc.) works, so they practically are impregnable. If someone does not want to pay bribes, he will be accused of hooliganism and disobedience, in the breach of the Decree #1, the documents will be taken away and a man will condemned. Such system works in our country. The truth can not be got by a man. Therefore he is compelled to pay bribes.

We have already offered some simple measures which could protect the lawful rights of the citizens and reduce the amount of cases on the extortion of bribes, but for two years our offers have remained without attention. Though the question can be solved by the simple order of the minister of MIA. So:

       it is necessary to oblige the employees of MIA to make the administrative protocols in duplicate (as in tax bodies);

       to oblige the employees of MIA to make the administrative protocols at a place of fulfilment of an offence especially in the markets. In reality a militiaman always takes the documents or things away with such words «you will come to division and we shall talk there». For what is it done? There it is easier to extort bribes and a there will be 5 witnesses, militiamen, who will confirm that "a pig-headed" businessman swore like a trooper and made bad things;

       to oblige the employees of MIA to write down the witnesses especially at the markets, from a number of sellers or passers - by. A militiaman can be a witness on the business only in exclusive cases (in deserted places);

       to oblige the employees of militia, in case of the breach of the Decree #1 to establish buyer’s identity;

       to forbid to the employees of militia to withdraw the documents and things without the drawing up of the protocol about the withdrawal on a place;

       to oblige the employees of militia to write down all cases of the use of special means in a special note-book. And in a case of the breach of this order to take measures of the disciplinary influence. In a case with I. Namochenko the use of handcuff is not fixed in the documents in any way;

       to oblige the employees of militia to carry out strictly the requirements of part 1 of article 242 of CAR of RB. The employees of militia sometimes arrest people for a day, two and even for three days without the sanction of the public prosecutor, justifying it by part 3 of the same article, that, from our point of view, is illegal;

       to oblige the employees of militia to carry out strictly the requirement of article 257 of CAR of RB. From our point of view the courts in a case of the breach of the requirements of article 257 should come to the decision of “not guilty”, being guided part 1 of article 7 of CAR of RB.

In a case with I. Namochenko the term mentioned in article 257 of CAR of RB was missed.

On the basis of above-stated, I ask:

1)to make the employees of militia answer according to the law for:

not due fulfilment of the official duties

the provocation of a disputed situation

the use of special means (handcuffs) without the appropriate necessity and writing down in a note-book

the rendering of counteraction to I. Namochenko to get the legal help (article 62 of the Constitution of RB)

the ban to I. Namochenko to call on the phone (he wanted to inform the relatives and lawyer that he is arrested)

the withdrawal of the documents from I. Namochenko without the drawing up of the protocol about the withdrawal on a place.

the threat. «You will not work more here» - said one of the militiamen.

2)to protect the businessmen, people, who pay taxes every months from every possible extortioner and provokers in the special uniform and without it.

3)to promote acceptance of the Order of the minister of MIA about which we have spoken above.

Yours faithfully

Valery Levonevsky

 http://izbiratel.narod.ru/zav1e.html

18.08.2000

Back