Freedom to Donat Skakun.
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Conduct complex inspection of activities of all involved in providing guilty verdict to Donat Skakun.
The pupil of Gymnasium Donat Skakun was sentenced for the crime he didn’t commit. Please read the text till the end and please sign a petition in case of any little doubt in Donat Skakun participation in a crime.
23rd of May in 2016 in Minsk Gymnasium №74 Donat Skakun was arrested because of suspicion of committing an attack on teacher of Russian language and literature Gubarevich V.V.For criminal investigators Donat remained the only suspect, any other versions besides the version of Gubarevich V.V. were not considered (representatives of Investigation Committee declared about this on press-conference). Despite lots of mismatch and factual existence of alibi of Donat, Minsk city court sentenced him to 8 years of prison on 7th April 2017. Supreme Court of the Republic of Belarus didn’t take into account strong arguments and reasoning of Donat’s defense attorney and his legal representative – Skakun V.P., Supreme Court of the Republic of Belarus didn’t take into account a lot of violations, committed during investigation and tribunal process and declared to keep verdict without changes.Nevertheless in the files of criminal case published in the internet (<a href="https://www.facebook.com/DonatSkakun/" rel="nofollow">https://www.facebook.com/DonatSkakun/</a> there is great number of facts proving that Donat didn’t commit a crime and became a victim of defamation.
Here are below just several facts that allowplacing a question mark over the results of criminal investigation:
Criminal investigators and judicial court ignored Donat’s alibi: in the morning of 23rd of May he was in gymnasium building from 8.13 a.m. till 8.30 a.m., however before 8.20 a.m. crime couldn’t occur because Gubarevich V.V was together with teacher of primary school, and from 8.20 a.m. till 8.30 a.m. Donat was together with his classmate at different flour. (Donat’s classmate and teacher of primary school statements are faithful from the position of court). Together with this classmate Donat exits school building at 8.30 as for video camera data;
Declared motive was not explained, no rationalization was provided for it: Donat is equable without any psychiatric problems, Donat is characterized only in a positive way, he was easy-going about grades in school, credits were not a goal in itself for him, none stress could make Donat do an attack on person;
At the very first day of arrest Donat agreed to pass lie detector control and the results have not recorded crime involvement. Gubarevich refused of lie detector control;
Judicial court denied verifying whether there was a possibility to commit a crime by Donat: no investigative experiment was done, no time and events study was made. But this could prove the alibi of Donat and falsity of victim’s statements. All the prayers, requests of defense that could influence the court decision and help to establish the truth were denied and the request for investigatory experimentation remained without consideration;
The fact of absence of any signature of Donat at the place of crime was ignored (no fingerprints, no blood, as well on victim: biological material was not found in subungual contents);
It was not explored whose palm print on the room door was found and whose blood was found at school journal at the place of crime, and whose blood was found on the sink in the toilet (they didn’t belong nor to Donat, nor to Gubarevich);
It was not found whose accurate bloody footprints were located at the place of crime. Expert study found that there was no blood on Donat shoe sole. These bloody foot prints didn’t belong to victim;
Mismatch was not cleared concerning the place of crime and concerning events occurred during attack: the picture of crime, records for examination of place of crime and the results of expertise show impossibility of the scenario of events described by victim;
The fact that nobody see any blood marks on Donat clothes that morning was ignored;
Judicial court ignored established and proved facts of violation during Expertise examination of physical evidence: accepting, registration, keeping, transfer, was done with violation of instruction;
Expertise examination hasn’t cleared the mechanism of making injury. Victim was injured with surface wounds that are cut, plain. The wounds are not the characterized for struggle and attack with the purpose of murder and couldn’t appear in the result of attack with knife. It is obvious that injuring with knife top down it is impossible to make not deep, horizontal and precise wounds;
It is not explained why the case is considered as attempted murder, but the wounds of victim were light physical damage, these wounds were not dangerous for life;
No instrument of crime was found. Donat couldn’t even have a possibility to get rid of it as he was together with his classmate all the time period from 8.20 a.m.(even without taking to account time and events study);
No verifying of victim statements’ credibility was made, they are often confuse, contradictory and untruthful (in the court statements as well);
No evaluation of personal characteristic of victim was made; this was pronounced in the court by the pupils and their parents (using anti – pedagogical methods on lessons, indignity of pupil’s personality, aggressiveness). Also no evaluation of found out variation from the norm in test MMPI (inclination to deform the reality, assess the situation wrong);
Events in the life of victim before the attack were out of attention: fire on her cottage, personal theft (laptop, mobile phone), pupils’ papers, unexpected short vacation in the first decade of May; last moment decline from tour before the attack, existence of bodily harm, that were noticed by the pupil shortly before attack, intensive phone calls with a loud voice about money deals at the time period of lesson;
Numerous changes were made in court records, which disfigure evidence statements to the advantage of victim and investigation version;
Judicial court denied the request of evidence in review of own statements said in court (for the purpose of checking whether its presentation is faithful in court records);
No legal evaluation was provided to behavior of gymnasium 74 administration. They ignored for a long time numerous parents and pupils complaints about anti pedagogical methods and behavior of Gubarevich V.V.;
The following fact was ignored: during the lessons time Gubarevich V.V. gave a task for pupils to transfer huge sums of money to a travel company of her daughter D.A. Demidovich. This action endangered pupils life and health. No evaluation of this action was provided;
Most of tours were organized by travel company "Panda Travel". In fact Gubarevich used her job position to supply private company of her daughter with clients;
Administration of gymnasium 74 and department of education of Oktiabrski district of Minsk violated constitutional right of Donat for getting education: he was not allowed to pass exams of 9 classes and continue education in pretrial custody.
All the facts place a question to the results of this criminal case investigation and fairness of given sentence. Lots of questions remain without answers, conclusions of criminal investigators are illogical, and all the facts that disprove victim's statements were ignored. During the investigation process a pressure was placed upon Donat and his family (in the first night of arrest Donat was forced to write the text of open admission the exactly as told by investigators; parents were said that he has not passed the lie detector and other facts of pressure).On top of all, the information war was set up against Donat: the representative of Investigation Committee spread false information that a pupil of gymnasium "made at least 17 knife strokes"(<a href="http://www.ctv.by/novosti-minska-i-minskoy-oblasti/gimnazist-nanes-uchitelyu-ne-menee-17-udarov-nozhom-zaversheno" rel="nofollow">http://www.ctv.by/novosti-minska-i-minskoy-oblasti/gimnazist-nanes-uchitelyu-ne-menee-17-udarov-nozhom-zaversheno</a> and also false information as if the knife (instrument of crime) was found. Nevertheless cutting on Gubarevich V.V. couldn't appear as the result of knife "strokes", the wounds were classified as light bodily damage. Such falsified information goes against presumption of innocence and is illegal. Such actions bring into discredit the whole law enforcement system of the Republic of Belarus, as well as the educational system. This leads to the failure of trust to all the state bodies and leads to the feeling of fear of citizens about their children. Such a one-side and one-eyed investigation and court hearing can be an indication of corruptive deals and personal interest of official bodies in the result of the criminal case trial.
We are citizens of the Republic of Belarus and not indifferent citizens of other states and we address to the world community with the aim to influence the government of the Republic of Belarus with the request to see into a matter and help to restore justice. We address to the United Nations Human Rights Committee, International Human Rights Organizations with the request to see into a matter and help to restore justice.
For this purpose it is required:
Conduct complex inspection of activities of all involved in providing guilty verdict to Donat Skakun: representatives of Investigation Committee, State Committee of legal expertise of the Republic of Belarus, Minsk city court, public procurator, Supreme Court of the Republic of Belarus;
Bring to justice all involved in falsification of evidence (including criminal investigators participated in questioning at first night of arrest. Open admission received this night was classified by court as “obtained with law violation”);
Bring to justice all official bodies that violated presumption of innocence and spread false facts in mass media.
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