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| Human rights violations in the Igor Koktysh's case |
Persecution of Igor Koktysh by Belarusian law-enforcement body has a custom nature for shrift with trumped-up charges for his public and political activities.
Belarus can not guarantee the rights and freedoms under the European Convention on Human Rights and Fundamental Freedoms, because it isn't a party to this convention. More so, facts of human rights violations in Belarus are well known for the world community.
Belarus is the single state in Europe, where the death penalty is using.
According to trumped-up charge under Article 139 § 2 of the Criminal Code of Belarus the death penalty may expect for Igor Koktysh.
The arrest and extradition of Igor Koktysh in Belarus is a violation of the right to life, which is guaranteed by Article 2 of the European Convention on Human Rights and Fundamental Freedoms, because there is a real danger that he will be executed by a Belarusian court.
On 25 June, 2007 at the time of arrest against Igor Koktysh shots from a firearm were fired for the purpose of intimidation. Also, it used brute physical force and caused injuries. They insulted, humiliated and provided psychological pressure to him.
Igor Koktysh is sick with bronchial asthma, his health progressively deteriorated, which could result in death, because it is impossible to provide the treatment required for recovery, in PTDC's terms. So, from June 25, 2007, till now detention brings moral and physical suffering to him.
The arrest and extradition from Belarus is a violation of the warranty of the right not to be subjected to inhuman treatment, under Article 3 of the European Convention on Human Rights and Fundamental Freedoms.
There is no reason to believe that now in Belarus they pertains to Igor Koktysh better than in January 2001, when he was beaten and tortured, and they forced to confess to the crime that he did not commit. After another interrogation, with 25-degree cold he was thrown into a cell naked, they stole vital medicines Astmovent and give a choice: "either he admits guilt or dies". Scary to imagine, that it could expect him in case of extradition to Belarus, given that over the last years his public and political activity increased.
On 3 August 2007 Igor Koktysh was arrested by Resolution of Balaklava District Court of Sevastopol with a purpose to extradition him to the Republic of Belarus. The term of arrest has not been determined. As a result, Igor Koktysh is contained in custody since 25 June 2007, that obviously is a violation of Article 16 § 4 of European Convention on extradition.
Arrest, indeterminate by any term, may be regarded as arbitrary deprivation of liberty, which is in violation of guarantees provided by Article 5 of the European Convention on Human Rights and Fundamental Freedoms, as well as the fact that the arrest is linked to accusations, which were previously in 2001-2002 had already been reviewed by commissioners courts, and have entered into legal force of judgments that Igor Koktysh was found not guilty and acquitted.
Balaklava District Court of Sevastopol during the hearing on August 3, 2007 did not want to be guided by Article 148 and Article 150 of Criminal Procedure Code and applied the most stringent measure unduly, because Igor Koktysh not hiding, as evidenced by numerous facts and lived in Ukraine on legal grounds.
The court did not take into account the circumstances that prevent the extradition of Igor Koktysha, namely Article 3 § 2, Article 11 of European Convention on extradition (extradition), as required by paragraph 5 of Resolution of the Plenary Supreme Court of Ukraine "On issues related to the application of legislation governing the procedure and length of detention (arrest) of the persons awaiting extradition", and its decision exposed to risk Igor Koktysh's life. Thus Balaklava District Court of Sevastopol is assisting in the prosecution of Igor Koktysh.
Obviously, the arrest and extradition is carry out with the aim of the new revision of judicial decisions. Such actions are a violation of the right to a fair trial, which guaranteed by Article 6 of European Convention on Human Rights and Fundamental Freedoms, because previously in force sentence of the Brest Regional Court (07.12.01) and the definition of the Supreme Court of the Republic of Belarus (01.02.02), by which Igor Koktysh was found not guilty of the charges against him.
Since the detention of Igor Koktysh (25.06.07) the right to protection was violated under Article 21 of Code of Criminal Procedure and Article 29 of the Constitution of Ukraine. On resolution of the Balaklava District Court of Sevastopol (03.08.07) Igor Koktysh has been appealed within the prescribed time limit, but the results of its review are still not known. That is a violation of Article 6 of the Act of Ukraine "About judiciary of Ukraine",
§ 6
of Resolution of the Plenary Supreme Court of Ukraine "On issues related to the application of legislation governing the procedure and length of detention (arrest) of the persons awaiting extradition", and Article 55 of the Constitution of Ukraine.
During the arrest of Igor Koktysh has repeatedly appealed to Balaklava District Court of Sevastopol to seek the release of his arrest in connection with the expiry of arrest, provided by Article 16 § 4 of European Convention on extradition, but the court did not respond.
Igor Koktysh applied in all instances regarding the impossibility of unlimited-long period in PTDC, but received only formal responded. This is a violation of rights guaranteed by Article 13 of European Convention on Human Rights and Fundamental Freedoms, because he has no effective remedies for his violated rights.
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| Support |
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During Igor Koktysh's stay in jail in his support was put by 1260 votes. All your opinions can be read here.
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| Hymn |
Тысячи рук поднимут свой флаг.
Только вперёд, ни шагу назад.
Скинем оковы силой единой.
С нами Господь, мы - непобедимы.
Наша земля у нас под ногами.
Мы не согласны, не будем рабами.
Только вперёд, и только свобода.
Не мы для власти, а власть для народа.
Знает история сотни примеров,
Как в тюрьмы сажали оппозиционеров.
Но только всегда итог был один.
Кто за свободу, тот непобедим.
То, что Бог дал, того не отнять.
Вот что система не может понять.
Всех не посадишь, всем рот не закроешь
И кровь невинных с рук ты не смоешь.
Igor Koktysh
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