2010 17/05
Алег Мацкевіч, Барысаў
Aleh Matskievich, Barysau

A number of Barysau human rights activists have lodged a complaint with the Barysau district executive committee, appealing against administrative restrictions imposed by the local authorities on street actions locations.

The activist argue that the authorities violated the Belarusian Constitution, the Law ‘On Mass Events’ and the International Covenant on Civil and Political Rights, by restricting the list of locations authorized for holding rallies to a remote stadium.

The activists stress that the restriction imposed by the authorities of a 150,000 town runs contrary to the very spirit of the Constitution, which proclaims the human being, his rights and freedoms, as well as the guarantees for their implementation, the supreme value and objective of society and the State.

***

Alaksiej Lapicki points out that, raising this issue is absolutely legitimate.

It is impossible to appreciate the basic right to assemble for a peaceful meeting, which serves as an important instrument of public politics, communication in the society, and free information dissemination. When there is an obstacle by way of law and regulation of the given aim in a form of prohibition to realize this right in suitable public areas.

Given the current situation, it can be stated that a disadvantageous areas for mass public communication and peaceful meetings of citizens contradicts the main aim of the current law “On mass events in the Republic of Belarus”.

Because this situation entirely prevents the realization of the right which is regulated by the law, not encourages.

There is no doubt that all subordinate regulatory acts, regulations of executive authorities of Belarus intended for realization of constitutional rights and freedoms of citizens which are reflected in Constitution of the Republic of Belarus and in corresponding international agreement – International Covenant on Civil and Political rights– can not contradict the main idea of vested universally recognized standards of rights.

Unfortunately, the application demonstrates the opposite. It is forgotten about professionalism on the way to keep “ideologizing the law”. This symptom is typical both to the “ruling vertical” (executive authorities’ regulations) and to the law enforcement agencies in Belarus. It is of big concern that this “ideological bias” is not compensated by the means of Belarusian justice at all. Judicial power – devoid of sufficient independence in order to work effectively and built into the “vertical” with the ideology as a pivot – is professionally degrading. It just does not execute its functions.

Even in cases where the executive committee chose quiet suitable area for mass meetings and events, it was practically impossible to obtain permission for holding a meeting.

As a result, in Zhodzina (close to Barysau), a quiet suitable area, the authorities refused to entertain any requests for peaceful meetings initiated by civil society. For a variety of reasons, requests to hold peaceful meetings submitted by citizens, non-governmental democratic organizations, and other political actors are regularly denied.

Citizens of Belarus may only fully realize their rights when:

1) Public officials and representatives of the authorities assume responsibility for violation of constitutional rights of citizens for that the judicial system should start fulfill its functional obligations and repeal the “ideologizing of law”;

2) Significant changes in power would take place which consequently would lead to the clear comprehension of precedence of law and necessity of absolute and guaranteed fulfillment of requirements both coming from Constitution and International covenant on civil and political rights which includes vested universally recognized standards of civil rights and freedoms obligatory to be fulfilled by the subjects of power on the territory of Belarus.

Alaksiej Lapicki, Zhodzina

Alaksiej Lapick

Аccording to spring96.org,

prepared by Ales LETA,

Belarusian Legal Portal,

by.prava-by.info

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