The Sofia Sapega case
must be treated separately from that of raman Protavicius for the following reasons:
1-due to the Russian integration belarus her case falls under the constitution of Belarus of 1996 for its violated rights.
2-Then her status as a student in Vilnius gives her a separate status under the rights of Europeans under the Lisbon Treaty, if I am not mistaken. Here is a detail of his constitutional rights violated by the rejection of his lawyer request in Minsk on May 31. It must come under the Strasbourg ECHR. S.Sapega's constitutional rights are violated in belarus by judges. in particular: constitution dated 24/11/1996
- article 11 enjoy the same rights as nationals in application of Russian integration: Foreign nationals and stateless persons in the territory of Belarus enjoy the same rights and freedoms and have the same obligations as citizens of the Republic of Belarus, except contrary indication of the Constitution, law or international treaties.
- article 18; non-use of force non-use of force or threat of force article 25-2 control of the modalities of arrest The person who is detained has the right to judicial control of the legality of his detention or his arrest
- article 33 freedom of opinion Freedom of thought and opinion is guaranteed to everyone, as well as the freedom to express them freely 33-3 no censorship is allowed article 34-1 right to information Citizens of the Republic of Belarus have the guaranteed right to receive, keep and disseminate complete, reliable and up-to-date information on the activities of public bodies and associations on political, economic, cultural life and international and on the state of the environment
- article 40 right of address: Everyone has the right to address individually or collectively to the organs of the State. State bodies, as well as civil servants, are required to consider such requests and provide a response within the time limit set by law. Any refusal to consider a request must be justified in writing. this does not emerge from the article of the BNS dated May 31, 2021. Lukasancko judges are special extraordinary courts prohibited article 109
Sacha Romanova named "curatrice" of Sofia Sapega: bad new
bad news from Svaboda.org
Minsk named without specifying the date or the signatory a curator to represent Sofia Sapega at her trial. The institution of curator is also found in Lithuanian civil law. This institution is specific to Baltic law. The news is bad for two reasons. First of all, Minsk intends to have the Sofia Sapega case tried in Belarus. This is worrying for the rest of the proceedings and his certain conviction to 12 years in prison for the publication of the Black Book of Belarus. The second reason is that Sasha Romanova has been absent from Belarus since August 2020. This means that the curator is purely fictitious according to information from Svaboda.org, the curator does not represent anyone. Minsk lawyers have a twisted mind. The founder of kyky.org is owned by belarus and internet access of belarus village is blocked by Minsk. Sasha Romanova currently lives in Poland in Krakow. Sofia Sapega is accused by Minsk of inciting hatred with a fictitious representative unable to represent her. the trial is shaping up to be very bad and there is no doubt about the final conviction.
fROM LITUANIAN TO ENGLISH
Two criminal cases brought against S. Sapegai in Belarus
2021-06-14 13: 00: 00Raimondas Čiuplys, BNS Text size: print Sofia SapegaPhoto by Elijah Kniežauskas, ehu.lt Sofia Sapega, Russian citizen studying in Vilnius, was arrested in Belarus and announced on Monday that she had been the subject of two criminal cases. "One case in which she was identified as a suspect was opened on May 23 and the second case on May 25," lawyer Aliaksandr Filanovich said after the hearing. He did not elaborate on the merits of these criminal cases because he signed a nondisclosure agreement. On May 23, S. Sapega, a student at the European Humanitarian University in Vilnius, was arrested along with her friend, opposition blogger Raman Pratasevich, at Minsk airport after the Belarusian regime forcibly landed a Ryanair plane, which flew from Athens to Vilnius. Minsk then published a video in which Sapega says he edited the Telegram channel "The Black Book of Belarus", which publishes data on the country's security forces. According to viasna, a Belarusian human rights center, Sapegai has been charged with "inciting discord", which can go up to 12 years in prison. Earlier Monday, a Minsk court dismissed Sapega’s appeal against his detention, Judge Natalia Dziadkova said, indicating that the decision could be subject to further appeal. The court heard the complaint behind closed doors and the suspect did not attend the hearing. "The defense will appeal the decision of this court because they believe there are questions about the detention of [Sapega] by Belarus and the handling of criminal cases," the lawyer later told reporters. . According to Filanovich, these are Minsk's obligations under the two international conventions on air transport safety and the handling of related cases. “According to these conventions, after the incident - that is to say the notification of a bomb placed on board - Belarus, as a participant in these conventions, was obliged to give all passengers the possibility of 'go where they wanted to fly,' the lawyer explained. According to the lawyer, his client, currently detained by the Belarusian State Security Committee (KGB), said she was regularly "covered with fear". Filanovich added that Sapegai had access to the library in the detention center and that she was well fed. The lawyer was only allowed to visit his client for the first time on May 28.
Ms Sapega's mother, who saw the video:
Her daughter's eyes are lifted up as if she is afraid of forgetting something 2021-05-26 10: 09: 00Kauno.diena.lt inf. Text size: print Sofia Sapega Stopping frame When a recording of Ramanas Pratasevich's girlfriend Sophie Sapega appeared on Tuesday, in which she said she was the editor-in-chief of "The White Paper" Telegram channel », Which publishes the personal information of the workers of the interior, the image seen by the mother of the girl aroused the suspicions. “Even my friends have said that this kind of behavior is not common for my daughter. She is sewing, her eyes are up as if she is afraid of forgetting anything, ”Ms. Sapega’s mother Ana Dudič, 23, told the BBC. Watching the video, the woman said she enlarged it several times to see what her daughter looked like or if she was unharmed. According to A. Dudič, the appearance of S. Sapega seems normal. However, the woman said she was already loading her suitcases and was preparing to travel to Minsk, where her daughter was being held. "I want to try to get the package back to him, I saw my daughter wearing only a thin jacket," said the detainee's mother. “Sophie has been questioned. She was charged with a criminal offense and detained for two months, "Sapega's lawyer Alexander Philaevic told the BBC's Russian service on Tuesday. The girl is now being held in a KGB remand center in the Belarusian capital. We recall that Belarusian state television also released a video on Monday in which a friend of Sapega was arrested, opposition blogger R. Pratasevičius said he was cooperating with law enforcement and giving " confessional testimonies ”on accusations of organizing demonstrations.
"Hello, my name is Ramanas Pratasevicius. Yesterday I was arrested by VRM staff at Minsk National Airport. I am currently in the 1st interrogator of the city of Minsk. I can say that I have not had any health problems including my heart or any other organ. The treatment of employees towards me is as correct as possible and in accordance with the law. I currently continue to cooperate with the investigation and give faith-based testimony regarding the organization of mass unrest in the city of Minsk, "the 26-year-old dissident journalist said in the video. He was speaking as he sat in a room at the table wearing a black sweater with a hoodie, and seemingly cool signs of numbness were visible on his face. A pack of cigarettes and a box of matches lie on the table. Pratasvić's father, Dmitry, 26, said he saw the latest video while in Poland at home. “I think my son was forced. These are not his words and not the intonation of his speech. He was very sober and nervous. It is likely that the son's nose is broken, as it is believed to have changed shape. On the face is a thick layer of powder, especially on the left side. It was not his pack of cigarettes that was placed on the table, the son did not smoke like that, "said Pratasevičius. According to him, R. Pratasevičius’s confession in leading anti-government protests is also incredible, because, according to his father, his son did not do any such thing. “He hardly agreed with prosecutors. I think I just had to record a message, "Pratasevičius said. Sapega and Pratasevicius were arrested on Sunday when a Ryanair plane between Athens and Vilnius forcibly landed in Minsk.
Legal text of Lituanian penal code
Article 251 : Principes généraux Détournement d’un aéronef, d’un navire ou d’un autre véhicule public ou de fret ou d’une plate-forme fixe sur le plateau continental
1. Loi Ix-1495 du 10.4.2003 (depuis le 1.5.2003)
(Journal officiel, 2003, no 38-1733)
2. Loi n° XII-497 du 2.7.2013 (depuis le 13.7.2013)
(Journal officiel, 2013, n° 75-3768)
1. Quiconque a détourné un aéronef, un navire ou une plate-forme fixe sur le plateau continental
passible d’une arrestation ou d’une peine d’emprisonnement pouvant aller jusqu’à cinq ans.
2. Quiconque a détourné un aéronef, un navire ou une plate-forme fixe sur le plateau continental en utilisant la violence physique ou des menaces de violence
passible d’une peine d’emprisonnement de trois à huit ans.
3. Qui, au moyen d’une arme à feu, d’un explosif ou d’une autre mesure mettant en danger la vie ou la santé de l’équipage ou des passagers d’un aéronef, d’un navire ou d’un autre véhicule public ou de fret sur le plateau continental, a saisi un aéronef, un navire ou un autre véhicule public ou de charge ou une plate-forme fixe sur le plateau continental,
passible d’une peine d’emprisonnement de cinq à 10 ans.
4. Quiconque a commis, à des fins terroristes, les actes prévus aux paragraphes 1, 2 ou 3
passible d’une peine d’emprisonnement de cinq à 15 ans.
5. Quiconque a commis l’acte visé aux paragraphes 1, 2, 3 ou 4, si celui-ci a entraîné un incident, un accident ou une autre infraction très grave:
passible d’une peine d’emprisonnement de dix à 20 ans ou de la réclusion à perpétuité.
6. Une personne morale est également responsable des actes prévus au présent article.
Article 2511 . Piraterie
Loi n° XII-776 du 13.3.2014 (depuis le 25.3.2014)
(TRE, 2014, no 2014-03404)
1. Un membre de l’équipage ou un passager d’un navire ou d’un aéronef civil, au profit de ses biens ou autres gains personnels, en haute mer ou sur un autre territoire non soumis à la juridiction d’un État, qui retient illégalement un autre navire ou aéronef, une personne, un groupe de personnes ou des biens étrangers à bord de ce navire ou de cet aéronef, ou qui a recours à d’autres sévices physiques ou mentaux à l’encontre de cette personne ou de ce groupe de personnes,
passible d’une peine d’emprisonnement de quatre à huit ans.
2. Un membre de l’équipage d’un navire de guerre, d’un navire d’État ou d’un aéronef qui a provoqué une insurrection, dans lequel le contrôle du navire ou de l’aéronef a été repris, ou qui a participé à ce sac et a commis un acte visé au paragraphe 1, ou qui a commis un acte visé au paragraphe 1 au moyen d’une arme à feu, d’un explosif ou d’un autre outil ou dispositif dangereux pour la vie ou la santé humaines;
passible d’une peine d’emprisonnement de six à 10 ans.
3. Quiconque a commis les actes visés aux paragraphes 1 ou 2, si cela a conduit à des actes très graves
passible d’une peine d’emprisonnement de dix à 20 ans ou de la réclusion à perpétuité.
4. Quiconque a utilisé un navire ou un aéronef en sachant qu’il a fait l’objet des actes prévus aux paragraphes 1, 2 ou 3 et qui a effectué le contrôle du navire ou de l’aéronef appartient aux personnes qui ont commis le
passible d’une amende, d’une arrestation ou d’une peine d’emprisonnement pouvant aller jusqu’à cinq ans.
5. Une personne morale est également responsable des actes prévus au présent article.