Dangerous Jurisprudence

There is a slim chance for justice when Belarusians go to court, especially if its decision may affect the interests of the state or some government officials.
Timothy Atroshchankau  appealed to the Court of Moscow district of Minsk with a claim for financial compensation for moral harm after serving an administrative penalty in the detention center in Minsk. During his arrest, youngster felt backache and after release he turned to the medical center, where he was diagnosed with vertebral lumbodynia.
Timothy listed in his claim statement not only the damage caused to his health by reason of administrative detention, but mental suffering experienced by up to 9 days in an overcrowded cell, at low temperature, without bedding and fresh air.
Rudnitskaja E B , the judge of the of the Moscow district court of Minsk, made a decision that the case  is not within the competence of the court. Siarhei Ustinau,  human rights activist commented the situation at the request of  "Solidarity":
- In my opinion, it is contrary to national legislation. The right for financial compensation for moral harm is guaranteed by art.60 of the Constitution of the Republic of Belarus. This  is a way of protecting civil rights. But in such occasions the person denied the right to fair trial.
The courts made such determination not for the first time, this produce a dangerous jurisprudence – denial of justice to citizens.
 Compensation for rights violation is one of the main criteria of an effective remedy, as provided under subparagraph (a) of paragraph 3 of Article 2 of the International Covenant on Civil and Political Rights.
 Despite the fact that Timothy was denied this right, we'll appeal against this definition and we hope we’ll prove the damage caused by the servitude and that higher court will cancel it.