Uladzimir Nyaklyaeu convicted to 2 years of suspended imprisonment

May 20 

16.20 The Frunze district court of Minsk pronounced sentences on "Dec. 19 case".

Uladzimir Nyaklyaeu was sentenced to 2 years of imprisonment with suspension of sentence. Vital Rymasheuski, Siarhej Vazniak, Aliaksandr Fiaduta and Andrej Dzmitryeu were sentenced to 2 years of conditional imprisonment. Nasta Palazhanka was sentenced to 1 year of conditional imprisonment.

Andrej Dzmitryeu informed this via Twitter.

May 18

14.11 Sentence will be pronounced on May 20 at 16.00.

14.10 Nyaklyaeu is holding his final speech, Radio Liberty informs. 

He says that he tried to convince the authorities to be Belarusians, wrote poems, songs. But the authorities claim it is impossible to say something in Belarusian - only in Russian, or English, or Chinese. And this is the first person of the country who says so.

He says he wants Russia and Europe to see Belarus not between them, but nearby. Americans had nothing in common but they created a rich state, having obtained independence. He says about the national idea, about responsibility. He suggested the authorities should stop repressions and the opposition will stop demanding new elections in return. 

He says he is ready to accept the sentence for failure to go to the Square. He is guilty in nothing else.

13.43 Nasta Palazhanka speaks next. She says she lived in a totally different country before December 19. Now it’s total hysterics. People who came out to the Square tried to protect all of us from an uncontrolled power of one person.

Palazhanka says good words about every defendant.

13.18 Andrej Dzmitryeu is speaking. He says that everyone knew - the authorities and the opposition - that there will be a square action. Yes, the action was not sanctioned, but we did everything to grant security, while the authorities did nothing for this. 

12.54 Vital Rymasheuski is speaking. He says he does not understand why his accusation was re-qualified. Apologizes to the judge and the prosecutor, if he hurt them personally. He is ashamed for the court system on the whole. He is proud to sit on the convicts' bench together with the best poet. Thanks the people who did not get scared and supported him to the end.

12.43 Aliaksandr Fiaduta is speaking. He describes the events in Kalektarnaya street, about beating and kidnapping of Nyaklyaeu. He says there was no conspiracy, electoral headquarters failed to reach consensus, while their relatives met in the same queue to KGB prison to pass parcels. 

12.39 The defendants are holding their last speeches. Siarhej Vazniak speaks first. He says that today it is a year since he was detained for 3 days together with Nyaklyaeu and Dzmitryeu after the raid at the "Tell the Truth" office. Nyaklyaeu was kept in a police department together with drunkards and the homeless. 

He is speaking about the accusation - admits guilt partly, he indeed invited people to a peaceful demonstration. He says he is surprised that the prosecutor claims he resisted and disobeyed to the police. 

He also says that the law-enforcement authorities failed to fulfill their obligations - they did not stop the people who broke the doors in the House of Government, refers to OSCE's conclusions, claims that the election was not democratic. 

11.03 Nyaklyaeu's another lawyer - Tamara Sidarenka - is speaking, Radio Liberty informs. 

She is telling about procedural violations, committed by the investigation.

10.41 Nyaklyaeu's lawyer Uladzimir Bukshtynau is speaking. He notes that since the moment of his client's registration as a presidential candidate numerous obstacles were set before him: automobiles were arrested during regional trips 21 times!

Nyaklyaeu wanted to invite the General public prosecutor to the action so that he would become the guarantor of order. However, the prosecutor did not respond to the invitation. Nyaklyaeu was brutally beaten before the action, therefore, everything happened "not according to their scenario", Vazniak changed his status for the one of a journalist and Fiaduta went home.

Bukshtynau claims that everyone is tired of this contradiction - the society and the authorities; it is time to find peace and understanding.

The audience applauds.

10.50 Nyaklyaeu's lawyer notes that the candidate only called people to the Square. He broke the law on mass events only in this point. His actions ended in Kalektarnaya street.

Nyaklyaeu wasn't going to break the law, the lawyer claims. He bought sound equipment and formed a brigade. The lawyer reminds that, according to the European standards, the police are obliged to guard even a non-sanctioned event, and only the court should figure out what to do next.  

The lawyer sees only an administrative offence in Nyaklyaeu's actions. 

10.40 The lawyers of the defendants are speaking, Euroradio's journalist Vital Ruhain reports. Palazhanka's lawyer claims that her client is accused or organizing people, while she only helped them to find the place to spend a night. The lawyer says the people came to the Square by themselves, no one had organized them. The lawyer says that Nasta's father wrote 10 letters to her, while Nasta received none. The lawyer claims that there are no proofs of Palazhanka's guilt. 

May 17

May 17 17.10 The prosecutor has demanded 3 years of imprisonment for Uladzimir Nyaklyayeu with a 2-year suspension of sentence. Andrei Dzmitryyeu has written in on his Twitter. He is asking for 2 years of conditional imprisonment for Fayduta and would like to put him on probation for 2 years. He is also asking for three years of conditional imprisonment and 2 years on probation for Dzmitryyeu, 1.5 years of conditional imprisonment and a year on probation for Palazhanka and 2 years of conditional imprisonment and 2 year on probation for Rymasheuski.

14.55 The prosecutor is reading out Dzmitryyeu’s evidence about a plan of the Square. The lawyer stresses the words “possible”, “supposed”… She says that it does not mean that the Square was financed. The prosecutor has started interrogating Vaznyak. He is asking him about his connection with the concept of reforms. Vaznyak says that he joined “Tell the Truth!” only in November 2009 and could not take part in the creation of the document in August 2009. The scenarios were discussed in Lithuania in August 2010 when Vaznyak was a member of Nyaklyayeu’s initiative group.

14.35 The prosecutor is asking questions about the verbal portraits made by Dzmitryyeu. Lobah’s lawyer objects – there are no sources of their receipt. The prosecutor claims that there are sources, informs Radio Liberty. Dzmitryyeu insists on the fact that the portraits are not connected with the case: he is accused of organization of actions violating the order. The lawyers claim that it is impossible to use evidence that was received as a result of law violations. However, the judge has taken the prosecutor’s side and claimed that all the case papers including portraits will be considered. There is some Andrzej on the screen (a drawing in pencil), Dzmittryeu’s handwritten text is below. The judge has asked Dzmitryyeu to comment on it but he has refused to do it.

14:25 The hearing has been resumed after a break. The judge has claimed that the case papers concerning “Tell the Truth!” may be used in this criminal case because they contain important information. The fate of the office equipment confiscated on May 18 and not returned to the leaders of “Tell the Truth!” so far will be announced during the pronouncement of sentence, writes nn.by. The prosecutor would like to ask Dzmitryyeu and Vaznyak some questions too. He has asked Dzmitryyeu what analytical materials he prepared. The prosecutor claims that Dzmitryyeu used to say that “Tell the Truth!” did not make any plans about the political situation during the presidential election but investigators have found out that the campaign analyzed election scenarios. The prosecutor has also claimed that Dzmitryyeu made verbal portraits like Fyaduta. Dzmitryyeu has refused to give evidence about it.

12.35 Lawyer Larysa Atamanchuk mentions the events of May 18, 2010. Nyaklyayeu, Vaznyak, Dzmitryyeu and others were detained as the leaders of “Tell the Truth!” back then. Office equipment and money were confiscated. However, the case was closed 10 months later. That is why the lawyer requests not to consider the papers of that case.

12.25 The last meeting of the team took place on December 11 or 12. Fyaduta was the first to make a speech. He said that there was a skating rink in October Square and that people could be injured. The variant of heading for Independence Square was suggested (the resolution was to be sent to the Prime Minister). The Square had to last for up to three days. Fyaduta says that he confirms this evidence, informs Radio Liberty. The lawyer has asked to read the last three paragraphs of the interrogation report. Their sense is: the action in the Square was the continuation of the election campaign rather than of the “Tell the Truth!” campaign. 12.20 The judge has asked to read only the papers connected with the Square and the pre-election campaign. The prosecutor is reading Fyaduta’s evidence – he claimed that the concept was written together with Navumava, Dzmitryyeu, Slutskaya and others in a Polish boarding house. The sum of 16.5 million dollars was mentioned. It was reduced to 4.5 million dollars later. There was a paragraph about a peaceful protest action. Two variants were discussed.

11.50 Fyaduta has refused to give evidence. The prosecutor has asked to read out the evidence concerning financing. Nasta Palazhanka says that she does not understand how it is connected with the trial and why “Tell the Truth!” has been mentioned.

11.45 Fyaduta explains in what situation the portraits were made. He mentions so-called “informal conversations”. The people who talked to him showed him the severest articles and said that the hearing would be closed, that Fyaduta’s part is known and that the others would also stand trial according to those articles. They did not allow him to contact his lawyer. They gave him only 15 minutes to think it over. That is why Fyaduta chose the variant of telling lies. Fyaduta says that Skype was hacked. Fyaduta was asked to make the verbal portraits without his lawyer; he was not informed that it was an investigation either. There were the following articles of the Criminal Code on the table: high treason, espionage and the lightest one – mass disorders. "The things demonstrated now will be used to start a new case – “espionage”. I am urging to stop it or to allow me to leave the court room until the argument opens in connection with no-confidence in the court’s decisions”, —said Fyaduta, reports nn.by.

11.40 Fyaduta has asked to explain where the document was found. According to him, all the drafts were obtained by the police after the searches on May 18 and they cannot be used to prove his guilt. Otherwise, the police should bear responsibility for not having started an investigation back then. The prosecutor is going to read out the verbal portraits of Fyaduta’s four colleagues. Lawyer Laboha objects: they have nothing to do with the case. 11.35 Lawyer Svyatlana Laboha says that it is only a draft, informs Radio Liberty. She notes that the information was received because of law violations when her client was deprived of the right for defense. Nyaklyayeu says that 99% of it all was done by the “Tell the Truth!” campaign and was not meant for the election campaign. And the case of “Tell the Truth!” is closed.

11.30 The prosecutor is reading out Fyaduta’s evidence connected with the concept of changes in the country. He launched the project but Dzmitryyeu took over it later. He explains how the manifestation was planned. Fyaduta says that his evidence given during the investigation cannot be a proof: they should demonstrate any photos of him transporting money or at least a customs declaration. The prosecutor is reading another report about Fyaduta’s interrogation. Fyaduta explains what paragraphs of the concept were elaborated by him.

11.05 The prosecutor wonders if Fyaduta has anything to do with the creation of the concept mentioned in the case papers. Fyaduta notes that he does not know what document is meant and where it was found. Nyaklyayeu specifies that such documents (concepts of a country’s further development) are usually created by more than one person. It is not clear whether it was accepted. The prosecutor asks if Fyaduta has anything to do with the financial calculations made for the Square. Fyaduta says that he does not know how to make calculations, informs Radio Liberty. 10.50 The prosecutor and the defendants have refused to watch the film “Iron on the Glass”. The defense has asked to add BelaPAN’s film about the events in Collector Street to the case, but the judge has denied the motion.

10.20 A new video – Independence Square. People are breaking panes in the House of the Government, the door is blocked by cupboards inside. The mottoes “Live Belarus!” and “Freedom!” can be heard. Radio Liberty quotes Nyaklyayeu and informs that one person is shown to be breaking the panes for five minutes – it cannot be called mass disorders. He could have been detained long ago.


10.10 The hearing has started. Video materials of the case will continue to be shown today, notes Radio Liberty. A video about the events in October Square on December 19 is being presented. Candidates are making speeches near the Palace of Trade Unions. The crowd enters the traffic way.


It can be heard that the police are using loudspeakers to inform that the action is unauthorized. Vital Rymasheuski is making a speech. He demands a democratic election without Lukashenka. Kalyakin is also making a speech. Statkevich’s speech. Lawyer Tamara Sidarenka makes a remark – no time is indicated in the video.

May 16 

17.55 Nyaklyaeu's lawyer asks to attach appeals of Russian actors, including Konstantin Raikin and Konstantin Habensky, as well as of Russian writers - Andrej Bitov, Konstantin Simonov, Juna Morits, to the case materials. Yauhen Evtushenko sent a letter from USA, and 22 Belarusian activists of culture, literature and science. They demand termination of the criminal case. The lawyer Bukshtynau also asks to attach Nyaklyaeu's medical record to the case. The public prosecutor objects. The judge refused to attach Evtushenko's letter to the case. The defense is enlisting documents.

17.30 Paval Sieviarynets has been interrogated as a witness. He explains that he headed Vital Rymasheuski's electoral HQ. Claims that the action was planned as a peaceful one since very beginning. They urged people to come to the Kastrychnitskaya Square, they did not plan to go to the Independence Square. People kept arriving to the Kastrychnitskaya Square so they moved into the traffic way as there was not enough room in the square.

16:07 Rymasheuski asks to attach a video-record from the Independence Square on December 19, filmed by journalists,to the case. The public prosecutor objects, the judge declines Rymasheuski's request.

Nyaklyaeu makes a remark: it is obvious that the candidates had no opportunities of organize the square and people - they had no sound equipment. The judge suggests watching another video - Rymasheuski's speech on the Belarusian Television.

15.37 The lawyer asks to interrogate Paval Sieviarynets as a witness. The judge answers that demonstration of video materials is planned for today so Sieviarynets will have to wait.

The court continues watching video materials. In the video - Rymasheuski is saying about the illegally detained, mentioning Nyaklyaeu's name. Statkevich takes the megaphone and demands election without Lukashenka.

14.36 Another video of the events in the Kastrychnitskaya Square on December 19. Sannikau is speaking, then Dzmitryeu. There is a logo of "Nasha Niva" at the video shots. 

"Nasha Niva"'s shots from Kalektarnaya Street. A close-up of beaten Nyaklyaeu, someone trying to render him medical aid. Ambulance arrived. A youngster with blood on his head. The medicians are working, someone went for stretchers. 

14.31 In the video - Siarhej Vazniak is explaining that the action will be peaceful, and that it is impossible to subject people to criminal responsibility for coming to a square to see a New Year tree.

14.09 Trial has been resumed. Technical problems occur again, there is no sound. Uladzimir Nyaklyyaeu is incensed, Radio Liberty informs. 

In the video - members of Nyaklyaeu's HQ Siarhej Vazniak and Victar Harbachou are meeting with voters. The sund has been set, but it is rather quiet.

12.35 Break till 14.00.

In the video: Vazniak's meeting with voters, he is speaking about the Square action, Radio Liberty informs.

Nyaklyaeu is reading his poem in the video, the audience in the court hall applauded. The judge stopped the applause.

11.51 A video from Nyaklyaeu's meeting with voters in Barysau has been demonstrated, Nyaklyaeu's speech on the Belarusian Television is being demonstrated now. The judge asks Dzmitryeu to close his laptop and put it behind Nyaklyaeu's back, Radio Liberty informs.

11.10 Demonstration of video materials continues. In the video, Nyaklyaeu is saying that his presidential campaign will go on as a parliamentary campaign-2012 right after the election. Nyaklyaeu is watching the video standing up, Radio Liberty notes. Tnere are about 30 students or BRYU members in the hall. Some of them are sleeping, but the majority are listening to the ex-presidential candidate's speech in the video.

10.20 The court has started watching the video materials of the case.

OSCE's representatives, German Ambassador Weile, writers Uladzimir Arlou and Yasep Yanushkevich, artist Aliaksej Marachkin are present in court, Radio Liberty informs.

May 14 

15:35 Public prosecutor has finished the last volume of the case - 29, according to nn.by. Reading of case materials is over. The judge has announced a break till 10.00, May 16.

15:15 Public prosecutor made it to Volume 23, nn.by reports. He is just looking through the materials which concern the activity of the campaign "Tell the Truth". The criminal case in this part has been terminated so he is not reading the materials aloud. 

14.40 Public prosecutor is reading Volume 15 - about Nasta Palazhanka, Radio Liberty informs. The lawyer says that her client was in custody for two months. The lawyer was not allowed not only to meet with her client, but also to be present at her interrogations.

14.13 Public prosecutor is reading confirmations issued by traffic police, that the public transport was indeed blocked in the Independence Avenue on December 19, documents of "Minsktrans", financial claims.

Volume 14.

12:52 Public prosecutor finished reading Andrej Dzmitryeu's conversations. Lawyer Sidarenka said that tapping his telephone line was illegal, but the judge paid no attention to this, according to nn.by. 

The court proceeded to Volume 12 - materials about Vital Rymasheuski.

11.37 Public prosecutor is reading printouts of Andrej Dzmitryeu's telephone conversations of the day before the election.

11.30 Darya Bakhar gave evidence. She also arrived to Minsk from Navahradak specially to take part in the protest action. Then the court proceeded to reading volume 11 of the case (there are 29 of them altogether). Volume 11 concerns Andrej Dzmitryeu, nn.by informs.

10.50 Yury Kazak from Navahradak also arrived to Minsk specially to take part in the protest action. He found out about it from the Internet. Spent the night in the same apartment as Vauchok. Was in the BCD office and then in the Square. Saw people coming out to the traffic way.

10.47 Next witness - Siarhej Vauchok, Radio Liberty informs. He says he knows Palazhanka and Rymasheuski. Worked in the agitation campaign, disseminated Rymasheuski's leaflets, and received no money for that. Arrived to Minsk on December 18 to take part in a peaceful demonstration. Spent the night at Nasta's friends'. There were about 7 people. They went to the BCD's office in the morning and then - to the railway station.

He was in the Kastrycnhnitskaya square, saw the candidates speaking. Then people went to the traffic way and headed for the Independence square, chanting "Get Out!". Vauchok saw no traffic policemen. 

10.30 Another witness in Vazniak's case - Inna Chekan - also refused to give evidence.

10:16 Witness Dzmitry Brynza refused to give evidence. The public prosecutor suggested reading out his testimony, given during preliminary investigation, but the judge declined this suggestion, according to nn.by. 

Brynza is accused of arson of the apartment in which, according to the accusation, Vazniak kept a big amount of money. Vazniak claims he has nothing to do with that money.

10:05 The 7th day of trial has started. Andrej Dzmitryeu has informed via Twitter that the youngsters, who call themselves "students" and occupy several rows of seats in the court hall usually, did not come to the court today. 

According to nn.by, Nyaklyaeu took the floor first. He reminded the judge about the 16th anniversary of the state language referendum, which took place on May 14, 1995. "I have grounds to distrust today's authorities only due to such a referendum", — Nyaklyaeu has said.

A witness in Siarhej Vazniak's case on false evidence has been convoyed to the court hall. He is handcuffed as he is in custody in connection with another case.

May 13

17.45 The trial will be resumed at 10 a.m. on May 14.

16:45 Vital Rymasheuski’s lawyer has declared that there are five more witnesses for the defense. Judge Zhukouskaya has granted the motion. “We will not infringe Rymasheuski’s interests. If the witnesses are here, we can interrogate them”, - reports nn.by quoting the judge. Orsha entrepreneur Yauhen Anishcnanka is going to be interrogated.

16.06 Henadz Buraukin is the next witness, informs Radio Liberty. He was Nyaklyayeu’s representative. He thinks that Nyaklyayeu is an outstanding European poet, a laureate of the Stare Award. His songs can be heard all over the country. He used to head the Union of Writers and the PEN-centre. This person can occupy the highest position in this country. He supports Nyaklyayeu’s moral and political position.

 

15:54 Tatstsyana Protska is describing her activities in the “Tell the Truth!”campaign. She thinks that Nyaklyayeu decided to take part in the election too late. She thinks that Nyaklyayeu made the decision only after the searches sand arrests in May 2010.

15:23 Pedagogue Uladzimir Kolas is the next witness. Kolas describes the action of December 19. He says he did not stay there until the end of the manifestation because he saw that there was no general plan and that there was nothing interesting. At the same time, Kolas says that people were in a positive mood.


14:53 Tatstsyana Karatkevich is the next witness. She was a member of Nyaklyayeu’s initiative group and took part in the work of the team. She contacted the Ministry of Internal Affairs, KGB and Minsk City Executive Committee. The witness says that the institutions did not allow Nyaklyayeu to meet their administrations.


Nyaklyayeu has told the judge that the attempts to meet the administrations of the Ministry of Internal Affairs and KGB were made before the General Prosecutor’s Office pronounced its warning.


nn.by quotes Karatkevich: “I heard men in black discussing the beating of Nyaklyayeu. “You have killed him”, said one of them to the other. They felt his pulse, booted him in the belly a few times and left”.

14.02 The driver of bus #100, Kazlouski, is giving evidence after a break, reports Radio Liberty.

12.34 Witnesses Aleh Shabetnik and Uladzimir Hancharyk have made their speeches.


Ryhor Kastusyou is the next witness. He is speaking about his complaint about violations during the election campaign, informs Radio Liberty. He is describing real facts of forcing pupils and students to take part in the early voting under the supervision of their teachers – 260 pages. These are real documents, facts and letters. He shared the information about the violations with the other candidates. The prosecutor asks him about December 19. He took part in the manifestation. He heard mottos “Live Belarus!”. He walked on the pavement.


He understood that the election would be rigged at the very first meetings with electors. He did not take part in the discussion of the concept of the Square. He got to know that Nyaklyayeu had been beaten when he was in October Square. He was indignant that it had happened during the voting – the law should protect candidates in this period.

 

11:53 Fyaduta feels bad. He has asked for a little break. The judge has satisfied his request.


11:23 Nina Pahlopka, former deputy chairperson of the movement “Forward!” that conducted the campaign “Tell the Truth!” is giving evidence. She is describing the activities of the campaign, reports nn.by.

Pahlopka: "I was walking behind the bus. I saw everything – how they were throwing sonic grenades, beating people and taking away the equipment”.


Pahlopka: "I saw our mini bus driver being beaten. They broke the window, dragged him out and started batoning him. They were trained men in black without any tokens”.


She says that the attackers were not wearing masks. 

 

10.52 Witness Ihar Simbirou knows all the accused, he says that all of them are outstanding people. The lawyer asks what the “Tell the Truth!” campaign is and what its activities were. He had known that they “would come to the Square with flowers and campaign” since 2011.


He describes his actions on December 19. He was in the headquarters in Nyamiha, 42. He saw Dzmitryyeu and Fyaduta there, Nyaklyayeu arrived later. He was working on a PC. They were going to congratulate Nyaklyayeu in the Square in the evening. Some people had brought flowers. They were in a festive mood. They expected possible provocations. His task was to protect the bus, informs Radio Liberty.


He saw a driving inspectorate car drive right into the crowd. Naturally, people rushed there. He heard an explosion and people got embarrassed. There was no resistance. A policeman in black broke the window of the bus, threw Simbirou on the ground and stepped on him in boots. Simbirou says that they were from the security agencies. There were a lot of people with cameras and journalists. When “the beasts” disappeared, people started shouting that Nyaklyayeu was unconscious. Having beaten people, they disappeared.


Nyaklyayeu was lying near the bus. He saw 5 more beaten people. About 40 people decided to go to the Square. He was going to describe what had happened to Nyaklyayeu. He did not hear any appeals to go to the Square. The only people who were using bad language were men in black.

10.40 Witness Syarhei Anikeyeu. He collected signatures for Nyaklyayeu. The driver of the green Volkswagen. He parked near his office on December 19 and drove to the supermarket to buy food for the others office workers. Lawyer Bukshtynau has asked him about the events in Collector Street. There was one more white mini bus. The column started walking and he went to the office to drink a cup of tea. He heard explosions. Wounded people appeared later. Nyaklyayeu was being carried, he had been severely beaten. The people said that they had been attacked by men in black. Nyaklyayeu was unconscious. Doctors took him to hospital. The witness wanted to return home but driving inspectors stopped him. The men in black did not introduce themselves and dragged him out of the car. They confiscated a tent and 10 table lamps. Nothing has been returned so far, informs Radio Liberty.


He saw the tent on the Belarusian TV later. But it was in a green mini bus instead of his car. There were loud-hailers and a blue jerrican in it too, says Anikeyeu, the driver of the green car.

10.06 The trial has been resumed. Chargé d'affaires of the EU Delegation to Belarus Jean-Eric Holzapfel, poet Leanid Dranko-Maisyuk and philosopher Valyantsin Akudovich are present in the court room.


The morning hearing began with the interrogation of witnesses, informs Radio Liberty. Maria Sadova says that Barysau offered her to collect signatures for him. She was also asked to collect signatures for Rymasheuski and Nyaklyayeu. Bahuslau Unhur offered her decent pay – 1 dollar and more for one signature. She collected them. She was paid for the signatures collected for Rymasheuski. She is describing how she visited flats to collect signatures and gave signature lists to Barysau.

May 12 

Break till 10.00, May 13.

17.30 Public prosecutor is reading characteristics of Andrej Dzmitryeu, enlisting protocols, certificates and other documents without disclamation of their contents, Radio Liberty informs.

15.45 Protocols of Fiaduta's personal search. Fiaduta's characteristic from the KGB prison: no claims, no violations of the discipline. Characteristic from EHU: Fiaduta is a talented researcher. 6 people - professors and associate professors - signed it.

Vazniak's protocol of detention, enlistment of other documents, characteristics. A protocol of tapped conversations with Kaliakin and Milinkevich. Ambassadors of Germany and the Netherlands were mentioned in these conversations. They also talked about Moscow's role. 

Fiaduta asks to listen to Milinkevich as a witness, as his conversations have been read out. Milinkevich can be there in an hour. The judge does not react, Radio Liberty states. The public prosecutor is reading tapped conversations of Vazniak. 

15.00 Public prosecutor reads Fiaduta's tapped telephone conversations again, in the evening on December 19. Fiaduta tells a lady named Volha to say a phrase "Our guys entered the House of Government" to someone.

14.00 The court proceeded to hearing the witnesses after the break. Witness Charnabaeu, a traffic policeman, is giving evidence, Radio Liberty informs. He was performing his duties in the Kastrychnitskaya Square on December 19. Presidential candidates tried to negotiate with the traffic police head so that he would allow the column to go in the traffic way. They failed in that. People came out to the traffic way. Traffic movement in the ave was blocked for a certain time. The witness recognized Rymasheuski, revealed the negotiators' names - Sannikau, Statkevich, Us. He admits that not everyone could hear the warnings about the action being non-sanctioned as it was rather noisy in the square. The lawyer asks what orders were given to them when they started their duties that day. The witness says they were ordered not to use physical force, rubber buttons or other weapons. He says there were no specific orders, they acted in accordance with the circumstances.

12.35 Fiaduta's telephone conversations are being read out, in particular, the ones dated November 26 and December 19, radio Liberty informs.

12.15 Aliaksandr Milinkevich arrived to court to speak as a witness. The lawyers insist he should give evidence, the public prosecutor objects. Fiaduta grounds the necessity to hear Milinkevich's evidence. Vazniak also gives his arguments. The judge refuses. 

11.45 Public prosecutor proceeds to the 5th volume of the case - resolutions on arrest of the accused, Radio Liberty informs. Public prosecutor wants to read out the protocol of the audio record of the telephone conversation between Fiaduta and a KGB officer, Nyaklyaeu strictly objects - it was a private conversation.Vazniak is also incensed. The lawyers claim that it is unacceptable to include documents like this into the case materials. 

Fiaduta's conversation with the KGB officer Ruslan Ivanou in the KGB detention center on December 24. The lawyer asks to exclude all the audio records of conversations between the accused and the KGB agents as they were obtained illegally.  

 
The judge pronounces the last warning to Vital Rymasheuski. Public prosecutor claims that Rymasheuski's actions show disrespect to the court - he has been chewing a chocolate. Rymasheuski objects, Radio Liberty informs.

10.30 The public prosecutor has resumed reading the case's written documentation. He is turning the pages slowly, unable to find what he needs. Lawyer Sidarenka asks to read out her complaint to the head of the Supreme Court and other officials about failing to provide her access to her client during December and January, when Nyaklyaeu was in the KGB prison. Nyaklyaeu adds that he was interrogated without his lawyer then, which is severe violation of the law - he filed three complaints to the name of the General public prosecutor, but none of them have been attached to the case's materials. Public prosecutor is reading out the protocol of search in Nyaklyaeu's apartment, Radio Liberty informs.

10.05 Trial has been resumed. OSCE's representatives are present.

Nyaklyaeu files an appeal. The documents and materials which were read out yesterday concerned exclusively the "Tell the Truth!" campaign and were in no way related to this case. There are no criminal cases against the campaign, therefore, these materials should be extracted from the case or at least they should not be disclaimed at this trial. The judge said she would decide on this in the consultation room. 

Fiaduta appeals to summon the Volkswagen driver as a witness. The public prosecutor objects. Nyaklyaeu's lawyer Tamara Sidarenka grounds this necessity, but the public prosecutor keeps on objecting. 

Besides, Andrej Dzmitryeu celebrates his birthday on May 12. 

May 11

18.30 The trial will be resumed at 10 a.m. on May 12.

18:00 The judge has made a remark to defendants Rymasheuski and Palazhanka for talking during the trial and has asked to enter it in the minutes. The prosecutor is reading out the results of examination of discs. One of the discs contains Nyaklyayeu’s speech made on the BT. The prosecutor has stressed that the speech contains appeals to come to the Square, informs Radio Liberty.

17:45 The next document is Prospects of Official and Economic Development of the Country. The structure of the electorate, dropping Lukashenka’s rating, etc. The budget is 16.5 million dollars. Fyaduta says that it is a draft and that it cannot be taken into consideration. The judge asks the prosecutor to read on.

17:25 The case papers are being read out. The prosecutor is reading passages concerning money from documents of “Tell the Truth”. What should be done while crossing the border. Safety regulations.


17:15 Witness Dzemidovich, bus driver, says that there was a column of people  in the avenue and the driving inspectorate sent the bus to the City Rampart, to Nyamiha and to the Palace of Sport.

16:55 Witnesses continue speaking, informs Radio Liberty. Dzmitry Kudrautsau, member of Nyaklyayeu’s initiative group, says that he was detained in December 2010. He had printed materials in his garage. He does not think that the police had a reason to search the garage. Photos and videos were made, by no report was drawn up and the materials were not counted.

16:35 The prosecutor is reading out documents connected with “Tell the Truth!” and the election campaign.  The Square had to continue until Lukashenka agreed to start negotiations. The next document is about the way money had to be delivered in Belarus. Legalization of Money – this title is printed in bold type. The next document describes the financial terms of the project. Nyaklyayeu has asked what the documents have to do with the accusation. He has replied himself – nothing. 5-minute break has been announced.


16.15 Reporter of “Svaboda” Kalinouski phoned on December 18… Nyaklyayeu interrupts. He says that the conversations have nothing to do with the case, informs Radio Liberty. One of the reasons why they are being read out is the necessity to make the opposition quarrel. The prosecutor continues reading. 


16.00 Ales Dashchynski from Radio Liberty phoned on December 12 at 2 p.m. He asked if there was interesting news and wondered what Nyaklyayeu’s attitude to early voting was. Nyaklyayeu recommended not taking part in it. Nyaklyayeu’s phone interview given to the Russian radio station “Komemrsant FM” is being read out.


15:50 Rymasheuski is indignant: he does not want to listen to people’s private conversations and he is asking to be exempt from it. The judge objects – the case concerns them all. The prosecutor continues reading out the phone conversations. “Narodnaya Volya” phoned Nyaklyayeu and asked him who he had consulted.

15:40 The prosecutor is reading out Uladzimir Nyaklyayeu’s written evidence and reports, informs Radio Liberty. Several Nyaklyayeu’s cell phones were tapped according to the permission given by deputy Attorney General Konan. The prosecutor is reading out Sannikau and Nyaklyayeu’s pre-election conversations.

15:15 The witnesses have spoken. Syarhei Lukashou has informed that he had sold the Volkswagen shown on TV with pieces of armature to a stranger. Witness Vernikouski has informed that he was in the crowd because he got stuck in the avenue when he was driving a bus. 


Witness Pyotr Barysau has informed that he started collecting signatures for Nyaklyayeu after he had failed to run for President. He knew that he paid for signatures. It was from 1.3 to 1.7 dollar for one signature. However, it was like a cat-and-mouse game. He collected about 800 signatures but only 120 of them were presented. There was some misunderstanding. He sent a letter to Nyaklyayeu, reports Radio Liberty. Nyaklyayeu told Barysau that he had to ask for advice. He was surprised: what one thousand dollars meant for “the money-bags”, couldn’t he decide on his own? Barysau sent a complaint about moral damage to Minsk Lenin District Court.


Syarhei Martus is the next witness. He was the driver of bus #1. He had to change his route on the evening of December 19 because the crowd entered the traffic way. His passengers did not express any indignation.
The other witnesses will arrive later. The judge has decided to study the case papers. The prosecutor is reading out the documents.

12.00 The director of the printing house that produced Nyaklyayeu and Sannikau’s election materials has been interrogated. He has noted that the contracts were signed by Lidziya Yarmoshya, CEC chairperson. According to him, all the materials were approved by the CEC so Yarmoshyna will have to bear the responsibility for any appeals that may be found there. The director of ythe printing house has claimed that the CEC allocated money only after the materials had been approved.

 

11.45 One of the witnesses, a driving inspector, has not appeared in court: he is on the sick-list. The prosecutor has asked the judge to read written evidence in the absence of the witness. According to him, the candidates were leading the column and the people in the crowd were urging to block the traffic.

11.20 Martsinovich is speaking Belarusian in court. He has informed that Fyaduta forbade EHU students to go to the Square; he said that he would expel everyone he would see there. According to Martsinovich, Fyaduta did not urge anyone to go to the Square because he is a responsible person. The phrase has amused the present.  
 

11.15 Pyotr Martsau has made his speech.  He has informed that he elaborated a concept of coming to power together with Svyatlana Navumava for Nyaklyayeu’s campaign and a programme for this new political force. He says that they had been planning to take part in the parliamentary election in 2012. Martsau says that Nyaklyayeu did not add the concept to his arsenal.

 

Journalist Victar Martsinovich is the next witness.
 

10.41 According to Lukanin, Rymasheuski urged to avoid provocations and not to break the panes. He also asked policemen not to beat people.

 

10.31 Human rights activists Nasta Loika and lawyer of Protestant church “New Life” Syarhei Lukanin have been interrogated, informs Vital Ruhain, Euroradio reporter. Lukanin has told that the instigator handed over to the police was drunk.

 

10.00 OSCE representatives and Swedish Ambassador Stefan Eriksson are present in the court room. Dzmitryyeu’s lawyer has not come – the judge has announced a 5-minute break to find out the lawyer’s whereabouts, informs Radio “Liberty”.

May 10 

18.30 Break till 10 a.m., May 11.

16.05 Witnesses - traffic policemen Ihnatsieu and Pauliukevich gave evidence. They detained a minibus which was going from Nyaklyaeu's electoral headquarters along Kalektarnaya Street. 

Pauliukevich told that he was present at the checking of the minibus, saw audio equipment. He said that people in black uniform had stopped the column and put everyone their faces to the snow. They shouted that they were police. When he was asked how many of them there were, he said he did not count.

14:08 Trial has been resumed after the break. The fourth witness - another traffic policeman who tried to check the bus with audio equipment. "We had information that there might be explosives in the bus. There was an order to detain the minibus", - nn.by reports the policeman's words. 

He says it was impossible to approach the bus directly as there were too many people: "They attempted to fall our car down, explosives of thunderflashes started. Policemen who arrived at the site did not detain anyone. They opened the minibus. I did not see what they found there".

Siarhej Vazniak has summarized the results of the first half of the day in a comment to Euroradio: "We, the accused, are feeling well. No one feels down. Unfortunately, the appeals filed by our defense have not been satisfied. The most painful thing is that Nyaklyaeu's appeal to let him see his daughters has been declined - he is under the house arrest. This made me very upset, as I am also a father and I can imagine how hard it is for him".

13.00 Two traffic policemen gave evidence. They only said that people indeed had come out to the traffic way in the Independence Ave on December 19.

12.08 Nyaklyaeu and his lawyers came up with a series of appeals, in particular, Nyaklyaeu asked to allow him meet with his daughters. The judge declined this appeal. 

Nyaklyaeu also appealed that Anatol Kuliashou and Aliaksandr Lukashenka should be summoned to the court as witnesses, as people who led the square operation. Fiaduta supported the appeal to summon Kuliashou. The judge refused, saying neither Lukashenka nor Kuliashou were witnesses, Radio Liberty informs.

10:50 Nyaklyaeu's narration about the December 19 events, reported by nn.by.

"They started following me at 16.00. Several people hanged out near the entrance to my house. We headed for the General public prosecutor's office together with other candidates in order to protest against the illegal arrest of Zmitser Dashkevich. We also wanted to invite the public prosecutor to the square. We waited for an hour but no one came out.

While we were waiting there in the General public prosecutor's office we agreed to hold a demonstration at the Kastrychnitskaya Square with other candidates. But this was all. After that, I went to my office and prepared a draft resolution which I wanted to read out in the Square. I finished this work at 19.00.

After this, we headed for the Kastrychnitskaya Square from the office, along Kalektarnaya Street. Suddenly a traffic police car blocked the road. A policeman went out of it, shouting through a megaphone into the crowd that he needed to check our bus with audio equipment. However, they did not approach that bus due to some reason. When I tried to take out the candidate's certificate, the policeman made a signal to a bus with blackened windows which stood at a distance.

After this a real war started - explosions, beating. They were beating a presidential candidate, journalists, and girls, in the center of Minsk. Nothing like this ever happened before.

Now I recall that they tried to drag me somewhere by the collar after they had hit me in the head. This proves that they needed me as well. Then I concussed and regained consciousness only in the office. I tried to go to the Kastrychnitskaya Square but I was unable to do that. I felt responsibility for the people whom I had invited there".

10.10 Uladzimir Nyaklyaeu called the presidential candidate Yaraslau Ramanchuk a traitor. Andrej Dzmitryeu has informed this via Twitter.

10.01 The court trial against Nyaklyaeu, Rymasheuski and their allies has been resumed. Aliaksandr Fiaduta, who was taken from the previous court session by the ambulance, has appeared in the court hall. Nyaklyaeu has been convoyed by 3 policemen. OSCE representatives are watching the trial, Radio Liberty informs.

Nyaklyaeu is answering the state public prosecutor's questions. The prosecutor asked why Nyaklyaeu had urged people to come out to the square. The politician answered that the election had not been democratic so the Square had been the only way out.

May 6

16.40 Aliaksandr Fiaduta has been taken away by the ambulance. The trial will be resumed at 10.00 on May 10, Andrej Dzmitryeu has informed via Twitter. 

15:39 Nyaklyaeu has finished his speech. He has said that it's not his own personal destiny that worries him the most, but the destiny of the country, which is now in danger, Radio Liberty informs.

The public prosecutor asked about the campaign "Tell the Truth". Nyaklyaeu said he was its leaderm but his electoral campaign and this campaign were two different things.

Aliaksandr Fiaduta felt bad and asked permission to go outside. A 15-minutes break was announced. Dzmitryeu informed via Twitter that they called an ambulance for him.

13.00 Dzmitryeu has told that Nyaklyaeu's HQ tried to contact with the law-enforcement authorities during preparation of the Dec.19 action. However, they were advised to come back to this after December 20.

He says that people just couldn’t go by the pavement from Kastrychnitskaya Square to Independence Square, as there were too many people. He said he thought it was better to commit an administrative offence than to repeat a tragedy like Niamiha-1999.

Dzmitryeu has also said that the campaign "Tell the Truth!" did not finance Nyaklyaeu's HQ, and refused to answer the public prosecutor's questions on the activity of the campaign, according to nn.by. 

He has told the public prosecutor that he went on calling people to Kastrychnitskaya Square even after the warning issued by the General public prosecutor's office because "there are historical moments which demand breaking certain rules".

11:33 Interrogation of Andrej Dzmitryeu has started. He pleads partially guilty. There are certain moments of disobedience in this actions, and appeals to participate in a non-sanctioned event.

However, Dzmitryeu disagrees with a lot of things. He says that the activity of the civil campaign "Tell the Truth" and Uladzimir Nyaklyaeu's electoral HQ should not be mixed. Dzmitryeu says that elections should meet international standards and that does not depend on opinions of candidates. According to him, "Tell the Truth" is a social campaign, where no one was paid, it never appealed to impose visa sanctions, Radio Liberty informs.

11:15 The public prosecutor asks to clarify where Rymasheuski was during the column's movement. The politician speaks about his negotiations with traffic policemen near Kastrychnitskaya square in order they would give their permit to go in the traffic way, Radio Liberty informs. 

10.20 Second day of trial started. Before the trial, Vital Rymasheuski kicked the Belarusian Television's camera crew out of the court hall. According tonn.by, the politician shouted "I don't want you to film me!".

Rymasheuski's interrogation has started - he has agreed to give testimony and said he had some points of criticism against the accusation. According to him, an appeal to get together in the Square was not illegal. Rymasheuski has expressed his dissatisfaction with the procedure of giving permit to conduct mass events. He says he couldn't even file an application because of that: it turned out that the action had been planned to start at 20.00, which did not meet the framework of the electoral campaign.

Rymasheuski notes that the General Public Prosecutor was also invited to the Square on December 19 in order he could see the peaceful character of the action.

10.20 Second day of trial started. Before the trial, Vital Rymasheuski kicked the Belarusian Television's camera crew out of the court hall. According to nn.by, the politician shouted "I don't want you to film me!".

Rymasheuski's interrogation has started - he has agreed to give testimony and said he had some points of criticism against the accusation. According to him, an appeal to get together in the Square was not illegal. Rymasheuski has expressed his dissatisfaction with the procedure of giving permit to conduct mass events. He says he couldn't even file an application because of that: it turned out that the action had been planned to start at 20.00, which did not meet the framework of the electoral campaign.

Rymasheuski notes that the General Public Prosecutor was also invited to the Square on December 19 in order he could see the peaceful character of the action.

May  5

18.00 The hearing will be resumed at 10 a.m. on May 6.

17.00 Alyaksandr Fyaduta is being interrogated. He has claimed that he would like to ask some questions about his charges. In the first place, he would like to find out why the campaign “Tell the Truth” is equated with Nyaklyayeu’s election campaign. Fyaduta thinks that these are different campaigns and that the activities of “Tell the Truth!” should not be discussed in court, informs Radio “Liberty”.

16:10 The prosecutor is interrogating Vaznyak about false evidence. The case concerns a fire at his acquaintance’s  - he used to say he had left money there. Vaznyak says that he did not keep any money in that flat although he mentioned it during the investigation. He says that he only kept some personal belongings there. Investigators have found out that it was arson and that money was found there, reports nn.by.


Vaznyak has also claimed that he took part in the Square as an ordinary journalist when he understood that the plans of “Tell the Truth” had fallen down after the dispersal of Nyaklyayeu’s column.

15.15 The defendants are being interrogated. Vaznuyak is the first and Dzmitryyeu and Nyaklyayeu are the last to be interrogated.
Vaznyak has admitted that he urged people to come to the Square. He says that he did the same during the election in 2006 when he was in Milinkevich’s team. Vaznyak has pled not guilty of everything else, informs nn.by.
 

Vaznyak has refused to answer questions concerning the activities of “Tell the Truth!” because he thinks that they have nothing to do with article 342 (the article mentioned in his case). The prosecutor has asked Vaznuak why he had decided that the election was undemocratic before it was over. The politician has responded that there were a lot of violations at the very beginning of the election campaign.

14.20 The break is over. The present applauded to Nyaklyayeu when he entered the court room. Palazhanka and Rymasheuski were late. The judge said that she would consider the possibility of changing their measure of restraint if they were late again, reports nn.by.


The prosecutor is reading out Rymasheuski’s charges.

12.40 The prosecutor is reading out the accusations. According to them, Vaznyak, Fyaduta, Dzmitryyeu and Nyaklyayeu are accused of organization and preparation for actions rudely violating the order. The prosecutor thinks that the leaders of “Tell the Truth!” had several plans of actions on December 19 and their goal was “a takeover”. The prosecuting official has also recalled the fact that the campaign was financed from abroad.

 

The prosecutor has mentioned the places where Dzmitryyeu met the foreign partners of “Tell the Truth!”. According to the prosecution, they met in Poland, Lithuania and on the Belarusian territory.

 

According to the prosecution, Nyaklyayeu’s head was injured when he was trying to push away a police car with the help of Dzmitryyeu in Kallektarnaya Street on December 19. The prosecutor has not said a word about the fact that Nyaklyayeu’s column was attacked, informs nn.by.

12.00 Lawyer Bukshtynau has requested to change Nyaklyayeu’s measure of restraint – to cancel the house arrest. The court has denied the motion.  

 

Nyaklyayeu has asked to stop the trial in connection with the absence of the corpus delicti. The judge has declined the motion too, informs Radio “Liberty”.

 

The plaintiff “Minsktrans” has abandoned its claim. All the parties have agreed to it, even the prosecutor. The judge has left to make a decision and has announced a break. Nyaklyayeu has to stand up during breaks due to radiculiti.

11.05 The judge has not satisfied Palazhanka’s recusation.

 

10.25  Judge Zhukouskaya has forbidden taking pictures in the court room although all the accused did not object to it. According to Radio “Liberty”, Nasta Palazhanka has entered a protest against judge Zhanna Zhukouskaya: she says that it is her change to avoid participation in the savage punishment. The judge has left to ask for advice.

 

10.15  Vital Rymasheuski has arrived later. A court employee went to look for him and kept shouting: “Defendant Rymasheuski! Where are you? The trial is about to start!”

A lot of people have arrived to attend the hearing. Henadz Buraukin, Anatol Lyabedzka, Syarhei Kalyakin, Valery Uhnalyou and representatives of the BAJ have come to support the politicians.

According to the Euroradio reporter, Dzmitryyeu, Vaznyak and Fyaduta have arrived on their own. All the three claim that they do not expect the court’s decision to be fair. Vaznyak has noted that the politicians do not think that they are guilty.

It is necessary to go through double control to be able to enter the court room. There is a radio-metal locator at the first check-point. The names of the present are being noted down and their bags are being checked. There is one more police check-point at the entrance to the court room.