Pavel Latushka sent a letter to the so-called Prosecutor General of the Republic of Belarus A.I. Shved and the so-called Chairman of the Investigative Committee of the Republic of Belarus D.Y. Gor
Statement by Pavel Latushko:
I was informed by mass media that the investigation of the criminal case against me was completed and the case was passed to the General Prosecutor's Office for submission to the court and that allegedly "my lawyer is familiar with the case".
I hereby inform you that I have not concluded a contract with any lawyer and I have not given my consent to represent my interests. The attorney in question has never contacted me about defending my interests in a criminal case, despite the fact that all my contacts are publicly available and accessible in the Internet. I know neither his name, address nor the fact that any lawyer has access to the materials of the criminal case against me.
According to paragraph 1 of part 3 of article 48 of the Criminal Procedure Code of the Republic of Belarus. The lawyer has no right to take any actions against the interests of the defendant and to interfere with the rights of the defendant.
Thus, the mentioned lawyer doesn't fulfill his duties properly, doesn't use my trust and can't defend my interests in any judicial proceedings.
According to Paragraph 1 of Article 47 of the Criminal Procedure Code of Belarus a suspect or a defendant has the right to refuse his/her counsel at any stage of the proceedings or the criminal case.
In accordance with part 1 of Article 47 of the CPC of RB I ask to suspend the named person and the counsel for the case in connection with their violation of Article 48 of the CPC of Belarus.
According to Article 41 of the CPC of RB, a suspect has the right to defense. The body conducting the criminal proceedings is obliged to ensure that the suspect is able to exercise his right to defense by all legal means and means. The suspect has the right to know what he is suspected of and to receive a copy of the decision to initiate criminal proceedings against him or to declare him a suspect.
According to Article 43 of the CPC, the accused has the right to defense. The body conducting the criminal proceedings is obliged to provide the accused with the opportunity to exercise his right to defense by all legal means and means. The accused has the right to know what he is accused of, for which purpose he must immediately receive from the body conducting the criminal proceedings a copy of the decision to charge him as an accused.
Due to the fact that the body of criminal prosecution has violated the requirements of Articles 41, 43 of the CPC of RB and thus violated my right to defense and the right to know what I am accused of, I demand to restore the violated right and to acquaint me with a copy of the decision on initiation of criminal proceedings or on recognition as a suspect, a copy of the decision on calling me as an accused, sending them to justice@belarus-nau.org
In connection with the absence in Belarus of appropriate conditions for free and independent practice of law, I request, in accordance with Articles 41, 43 of the CPC of the RB, to offer me the opportunity to defend myself.