Volha Smalianka: The state dispelled all doubts in hidden political motives of E.Tonkacheva’s case

However, if the state sought to stop the work of “Lawtrend”, it won’t happen, Volha Smalianka is convinced. And Elena Tonkacheva will continue her work.

Let us recall that on November 5 Belarusan authorities made a decision to deport the head of the Center for Legal Transformation “Lawtrend”, human rights defender Elena Tonkacheva. According to the law enforcement agencies, minor speedings by Elena Tonkacheva while driving her car pose a threat to the public order in Belarus.

Before the decision was made, Elena Tonkacheva had noted that law enforcement agencies have no grounds for deporting her from the country.

- We believe that such actions of the authorities are not law-based as in the process of consideration not all legal bases were considered, as well as it was never proved that Tonkacheva committed really socially dangerous act, notes Volha Smalianka, the colleague of Elena, the Director of the Centre for Legal Transformation in the interview with the EuroBelarus Information Service. – First of all, it wasn’t proved that it was Elena who was driving the car at the moment when cameras registered minor speeding. I.e. the probative base wasn’t considered at all. Secondly, over the last few days more than 7 thousand petitions in support of Elena Tonkacheva were signed, but were never considered. And the conclusion about the threat to public order was drawn because Elena could assumingly infringe damage to this public order. As a result, weird assumptions ruin Elena’s life and she is to be deported. Shock and indignation are the emotions we feel these days.

According to Volha Smalianka, they didn’t want to believe in political motives of the state’s actions to the last.

- You know, we hoped for the better and didn’t want to think that there are underlying political reasons for this situation. However, the way Elena’s case was considered leaves no doubts that it was social and human rights defending activities why this decision against Elena Tonkacheva was made.

Volha Smalianka notes that the decision can be appealed; but will it be effective with such position of the authorities?

- We can appeal the decision and we will do that. According to Elena, when the decision was pronounced she was informed that the verdict might be reconsidered: for instance, deprivation of the right of entry for a year instead of three years. And yet again the thought about the election 2015 appears; but let’s not talk about it now. It seems there are judicial mechanisms for changing the situation to Elena Tonkacheva’s benefit. But in the situation when the case is being considered not according to legal causes judicial mechanisms stop working. If additional data, arguments, petitions are disregarded at the first stage, what supremacy of law can we even talk about?

Answering the question about the work of “Lawtrend” and Elena Tonkacheva’s work in the organization, Volha Smalianka said:

- Our organization has existed since 1996, and it is one of the oldest and most authoritative in human rights advocacy in Belarus. It was liquidated twice, now the Chair of the Board is being deported. But all the former attempts to destroy the organization didn’t break us; we have quite strong team. That is why if the authorities wanted to stop the work of “Lawtrend” I’m sure it won’t happen. As to Elena’s further work, we will discuss that. We didn’t prepare for this and didn’t discuss the scheme. But I can say with confidence that the work of the organization and Elena Tonkacheva’s work won’t be affected by the actions of the authorities.