Barys Bukhel: We Have ‘Rule Of Telephone’ Instead Of Independent Judicial System

The Lukashenka administration responded to the appeal in defense of the REP trade union, filed by a human rights activist from Mahiliou.

Mahiliou human rights activist Barys Bukhel was one of those who spoke out against the criminal prosecution of the leaders of the independent trade union of the radio electronics industry workers, Mahiliou "Viasna" reports.

In the summer of 2017, a criminal case was opened against head of the REP trade union Henadz Fiadynich and the accountant of the organization Ihar Komlik in accordance with Part 2 of Art. 243 — tax evasion in an especially large amount.

Komlik spent two months behind bars, Fiadynich was under a non-leave obligation since the beginning of the investigation.

On August 24, 2018, the Savetski district court of Minsk sentenced both to 4 years of restriction of freedom without sending them to an open type correctional institution, and without confiscation of property. In addition, Fiadynich and Komlik were ordered to pay a fine of 47,560 rubles and a state fee.

During the trial, Mahiliou human rights activist Barys Bukhel, as well as most of his colleagues, sent a request to the administration of the ruler to stop the criminal prosecution against Fiadynich and Komlik.

"As the trial, which lasted more than two weeks, showed, the prosecution absolutely lacked any evidence confirmed by official documents and facts," Bukhel said.

The administration of Lukashenka refrained from resolving the issue. The head of the main department for dealing with citizens and legal entities, Ryhor Shlyk, in his reply stated that "the officials of the administration are not empowered to evaluate decisions taken by the courts, to cancel or revise them":

"Any interference in the activities of judges in the administration of justice is unacceptable and entails responsibility under the law," Shlyk noted.

Bukhel thinks this was a formal reply. Despite the fact that Shlyk refers to the norms of law, law enforcement practice proves that the authorities are actively involved in court cases:

- We do not have an independent judicial system. We have a "telephone rule". That's why we applied. The case of Bialiatski was similar - he was put under the orders of the authorities and then released on the same pointer, when preferences from the West were needed. The "trade unions case" has a political character. Hence, the courts will listen to the authorities," the human rights activist says.

As the judge are appointed and dismissed by Lukashenka, there cannot be an independent court in Belarus, Bukhel believes, and hence the dictator's administration response is hypocrisy.