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What is Natallia Hersche doing in court?

The date is a special coincidence. On September 19, 2020, Swiss and Belarus-born Natallia Hersche was arrested in Minsk while demonstrating against the regime of dictator Alexander Lukashenko. She spent 17 months in prison under precarious conditions. She was subsequently released by the Swiss Ministry of Foreign Affairs after diplomatic negotiations.

Three years later, Natallia Hersche finds herself again in a special place on September 19: in the court in St. Gallen. She observes the criminal trial of Yuri Garawski, former member of a Belarusian special unit that disappeared opposition members.

Hersche still follows events in her country of origin with interest. But she will not be in court as an activist, but as a court illustrator. She illustrated the test report on behalf of CH Media.

She hopes to find a new career in drawing. She studied economics, but did not find her passion there. Most recently she worked at a factory in St. Gallen in the quality assurance department. But this job no longer suits her. “Since my time in prison, I can no longer handle stress,” she says.

She is currently unemployed. But she now knows what her passion is: drawing. She hopes that commissioning this newspaper will be the start of a new career.

Natallia Hersche is eight years older than the accused Juri Garawski. In the interview he told how he ended up in the special unit. He was drafted into the army because of his good performance and didn’t think much about it. At the age of 20, he only knew the Belarusian system and had no idea of ​​justice of his own.

Hersche can understand this when she thinks about her own childhood. “I grew up with too much pride,” she says. At school she was taught that she was special because she came from the Soviet Union. ‘We won the Second World War. We are the best.” This is how she summed up her self-esteem at the time.

With this perspective, Hersche creates an image of the suspect. She condemns what he has done, but is also interested in the person behind the perpetrator.

What’s going on in court?

Yuri Garawski is accused of enforced disappearance. This is a criminal offense that has never been used in Switzerland or in Europe. It goes back to a UN agreement that aims to enforce universal prosecution of state-organized kidnappings. Perpetrators who helped make people disappear would have nowhere to hide.

Why is that important?

For the first time, a court is investigating a dark chapter in Belarusian history. The daughters of two murdered opposition activists hope to finally find out the truth. Enforced disappearances are particularly stressful for those left behind, as they remain uncertain about the crime.

The trial is of political importance because it also makes clear the responsibility of the regime under Alexander Lukashenko. The dictator has been in power for 29 years and is currently under scrutiny for his close ties to warmonger Vladimir Putin.

The process is legally important because it creates a legal practice in the field of the crime of enforced disappearance. Interestingly, this task of international importance is carried out by a local court, partly composed of lay judges: the Rorschach District Court, which meets in exile in St. Gall.

But politically explosive does not necessarily mean legally demanding. The case of a dog bite can raise just as many legal questions, says criminal law professor Monika Simmler. Above all, the court must clarify whether Garawski’s statements are credible.

How is the negotiation going?

The trial starts at 9:00 am. Wednesday is scheduled as a reserve day. The verdict will likely be announced at a later date. About 30 journalists from all over the world are expected.

(aargauerzeitung.ch)