2010 23/11
Гары Паганяйла, Менск

Hary PAhaniajla, Miensk

The well-known Belarusian lawyer Hary Pahaniayla filed an application to the Supreme Court of Belarus demanding to relieve President Aliaksandr Lukashenka of his post and also to annul his registration as a presidential candidate. These demands are based on ideas that A.Lukashenka, as has been reported since 2001 by independent Belarusian mass media and since 2010 – Russian mass media, suffers from mental illness. Moreover, he probably has to do with several crimes including kidnapping his political opponents. (further – orthography of primary source)

Hary Pahaniayla is convinced that according to the Constitution and other legal acts, A.Lukashenka doesn’t have rights to be a president and to stand for the post for the fourth time.

“Not only me, but many other people have information that Aliaksandr Lukashenka suffers from a mental disease, – says H.Pahaniayla. – the diagnosis is also known, Russian mass media once again mentioned it not long ago. I am convinced that keeping in mind these facts Aliaksandr Lukashenka must present information not only about family composition and finances but also about his health state”. Pahaniayla also states that since 1996 the president of the country has been carrying illegal actions. First it was power’s usurpation as a result of the referendum, after this there were many episodes of keeping state power in a unconstitutional way. “First, I am talking about politically motivated kidnappings of people – Yury Zakharanka, Viktar Hanchar, Anantol Krasousky, Dzmitry Zavadsky, – explains the lawyer. – The investigators were provided with information on these cases but Lukashenko hindered the course of investigation and as we all know made one person involved to the crimes a Prosecutor General”. Pahaniayla reminds us that later elections were fabricated and moved from 1999 to 2001, which was again done for keeping power. Then came unconstitutional referendum of 2004 when “Lukashenka didn’t have any right to initiate referendum and bring into consideration the question about possibility of unlimited running for elections”. He met his goal and got the possibility to be elected on the highest post as many times as he wanted. Though the results of plebiscite had been null and void, Lukashenka went for elections in 2006. “These were signs of constitutional changes. It all started from people power and turned into usurpation of power by one person”, – these are conclusions of the lawyer.

First H.Pahaniayla applied to the both chambers of Belarusian parliament with suggestion to remove Lukashenko from power grounding on article 88 of Constitution. There is still no answer but “hardly these authorities manipulated by the president will resolve to do something serious”. Then the human right activist applied to the Central Election Commission with a demand not to register Lukashenka as a presidential candidate. “But he was registered and has already started his campaign”, – continues Hary Pahaniayla. – So the Central Election Commission took up illegal decision, it violated the order of legislated registration and ignored my application”. So the lawyer filed a lawsuit to the Supreme Court. This is the legislated order.

“I act in accordance to legal methods with a romantic hope that state organs will solve the case according to the existing legislation, – human rights activist comments his perspectives of cooperation with competent state structures. – But, no matter what romantic thing I am, I’ve got sober mind. Perhaps in a day or two I will get court’s decision to refuse initiating public procedure because of wrong jurisdiction. But our fight is not over, It has just begun”. Quoting Hary Pahaniayla he acted as a law-abiding citizen and now he tries to convince other Belarusian citizens and Belarusians who live abroad that Lukashenka is ruling for so long illegally. “Only chambers of the parliament can execute impeachment, but the main argument is people and their will. I appeal to people”, – explains the lawyer. He hopes that at least a part of Belarusian society will realize his position and will act together with him. By the way, legal arguments (published in Pahaniayla’s article in “Narodnaya Volia” two months ago) to remove Lukashenko from his post weren’t treated negatively by other lawyers including those who work in state organs. “Silence gives consent, – summarizes human rights activist”. Meanwhile, Hary Pahaniayla presented his court’s applications to missions of foreign election observers.

“Human rights activists for free elections”

Quoting spring96.org

Prepared by Ales LETA

Belarusian Legal Portal

by.prava-by.info

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