2009 27/06

In connection with the fact of ignoring by the court of first instance in Homel of approaches and interpretations of the Supreme Court with respect to picketing contained in the Resolution of the chairman of the Supreme Court of the Republic of Belarus, Mr. Sukala, we can make the following conclusion.

The authority demonstrates openly its inability to get rid of the illegal practice of ideologically motivated persecution of citizens, the infringement of their right on the free flow of information, free expression of their views and beliefs …

Even ordinary innocent public or visual statement of fact, such as forced disappearance of civil activist, politician, figure important in a society of the country … is still continues to be regarded here as an offense for which people are detained, fined, and imprisoned … (!?)

And it is not Botswana! This is BELARUS! In which someone, in this case, wants to attract the civilized European tourists … not to mention the investors … recalls the center … or the heart of Europe …!?

Such Illegal Practice that is completely contrary to accepted standards of law and international treaty obligations of Belarus in the field of civil and political rights (Art. 19, Art. 21 of the ICCPR signed and is binding on all subjects of the law …) continues, despite the fact that it had already been declared as illegal by the Supreme Court of Belarus.

What then happens? Do these approaches and interpretations (in such situations) proposed by the chairman of the Supreme Court have at least some logical outcome, the consequences, or the precedent nature for the jurisprudence? Or is there at least some intention to move forward to the recognized standards of law, without which it is absolutely impossible to count on at least some improvement in the situation in Belarus?

What happens today in Homel, where the citizens that publicly hold the portraits of the missing former Minister of Internal Affairs, Mr. Yury Zakharanka, were sentenced to fines and imprisonment, contrary not only to the marked Resolution of the Supreme Court, but also the international legal acts, the obligations of Belarus arising from these acts. This, unfortunately, once again clearly shows the courts are politically exercised by engagement in the country. It proofs that the conclusions regarding the judicial system of Belarus made by an international special Rapporteur on human affairs from the UN, Param Coomaraswamy, are very relevant today … And the changes for the better way, unfortunately, are not observed.

After such “light” the international institutes, the EU officials responsible for relations with Belarus will have to pay attention to the facts of the continuation of political persecution and violations of basic, inalienable civil rights and political freedoms in the country.

And until it is clear that the authority both was the authoritarian and repression in respect to dissidents, political opponents and democratic initiatives of the society as a whole … and remains so today. It is evident that in its judicial field political engagement and a habit still continue to work as a developed mechanism of discrimination and persecution of dissidents …

But, it still seems, however, that in this case “one’s OWN hand does not know” what “a second one’s OWN hand” has already made! And maybe it is some kind of special, “provocative action” and, accordingly, quite “not ours, not Belarusian,” but … well, another … “hand …”?! …

However, outdoor, as everyone knows, there is XXI century, the center of Europe and … the crisis, as well as not African-Asian “Eastern … Partnership” with a truly solvent markets and civilized strategic investors “on the horizon”…! And Belarus, at that, should do ALMOST NOTHING – just respect the rights and freedom of their Own citizens! And … the road is open! And … we will have everything! We will get everything! … …

And here we have for no reason some regular “Homel epic”!

So what, then, sorry, happened to “the head” …?!

What are we thinking about? ABOUT Homel “CORRECT Judges”, “Wrong democrats” and the same IMPACT on the country!?

Maybe we have enough Detectives? There are more than enough of them on one Belarusian milch cow! The “large” consumer markets, you see, did not wait for their “very delicious” milk … Which “Nestsiarenka” will be accused then?

It is time to pitch in and … become reasonable, comrades, ladies and gentlemen, friends from … the so-called judicial power!

HEY! Wake up! Sun has risen and SUMMER has come!

In winter it could be too late …

Ales Lapitski,
Human rights activist of the Human Rights Centre “Viasna”
liquidated by the authorities, Zhodzina.

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