2010 17/05
КС Белаурсі

Reflection of a human rights activist …

Being a human rights activist I must constantly follow the changes of the legislation in Belarus.

And, naturally, I was happy to know that Constitutional Court of Belarus finally had heard numerous requests of Belarusian human rights activists and on June 15, 2007 adjudged and proposed to the House of Representatives of the National Assembly of the Republic of Belarus to make changes in the Procedural-Executive Code of the Republic of Belarus on Administrative Offences and to equalize the rights of defense both victims and persons who are under the administrative process, in particular – right to representative (ed.: during the lawsuit).

One year has passed, the second, the third has begun from the moment this decision was adopted by the Constitutional Court, since then there were 13 changes in Procedural-Executive Code of the Republic of Belarus on Administrative Offences, but legislators did not notice the impaired right to protect persons under the administrative process.

It must be admitted that in accordance with article 40 [1] of the law of the Republic of Belarus “On Constitutional Court of the Republic of Belarus” the decision of the Constitutional Court must be enforced right after the publication without any delay if other terms are not specified in it.

On April 9, 2010 I addressed the following question to Mr. Samoseiko, the chairperson of the plenary committee on legislation and legal matters of the House of Representatives of the National Assembly of the Republic of Belarus – why the Constitutional Court decision № Р-200/2007 (June 15, 2007) is still not implemented although there were certain changes made in Procedural-Executive Code of the Republic of Belarus on Administrative Offences?

On April 27 I got the answer from the plenary committee on legislation and legal matters of the House of Representatives of the National Assembly of the Republic of Belarus signed by the chairperson Mr. Samoseiko. It was said in the answer that nowadays legislators only work on the possibility to make certain corrections in the Procedural-Executive Code of the Republic of Belarus on Administrative Offences. And the very last sentence which gives you something to think about: “The final decision on this issue will be made after the reconciliation of the draft of legislation with all interested parties including Supreme Court of the Republic of Belarus, Supreme Economic Court of the Republic of Belarus, Council of Ministers of the Republic of Belarus, and Presidential Administration of the Republic of Belarus”.

Thereby, it can be concluded that the decision of the Constitutional Court by itself does not mean anything, and no one cares that almost three years persons under administrative process are infringed upon their right of defense.

The most astonishing in this situation is that on the main web page of the Constitutional Court of the Republic of Belarus you can find the following: “The Constitutional Court ensures the supremacy of Constitution of the Republic of Belarus and its direct application, exercises the constitutional control over the regulations of state authorities, and maintains legitimacy in rule-making and law enforcement. While the main aim of the Constitutional Court was and remains the defense of the constitutional rights and freedoms of its citizens”.

Question, why would we need Constitutional Court in Belarus if no one listens to its decision?

Siarhiej Uscinau

Leave a Reply

Your email address will not be published. Required fields are marked *


*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>