2011 20/08
budvyk_sc_5001

Executive Committee, Zhodzina

Picketing in Zhodzina was banned and any practical opportunity to adjust or coordinate positions in order to achieve a positive solution was shut out. The response to the request about violating Art. 6, Part 1of the Law “On Mass Events in the Republic of Belarus” came only 12 days after its filing.

So, Aliaksey Lapitsky and Sviatlana Lapitskaya received the official ban on their planned mass action only on 19.08.2011 by mail. The application for holding a picket on 08.22.2011 in defense of Ales Bialiatsky was filed by the applicants on 07.08.2011.

The official reply, prepared by the new head of the ideological department of the Executive Committee of Zhodzina Alena Haretskaya and signed by the First Deputy Chairman of the Executive Committee of Zhodino Yury Shary says that picketing was banned under a simple reference to Part 3 of Article 6 of the Law “On Mass Events in the Republic of Belarus.”

Due to the fact that the refuse is not specified (motives of the refusal are not properly marked), and the applicants were willing to solve any questions regarding the event during the proposed consultation and negotiations with the responsible local officials, Aliaksey Lapitsky and Sviatlana Lapitskaya filed a counter-statement the Executive Committee on the same day of 08.19.2011.

In the request the applicants asked to give explanations about the specific reasons and legal grounds for the prohibition of peaceful picketing, which was planned under the law, wasn’t meant to threaten public safety and public order and to violate the rights of other citizens, and was organized within the framework of procedural necessity to inform citizens and collect pledges for human rights activist Ales Bialiatsky’s release from custody.

Also, the applicants expressed readiness and offered to organize consultations and negotiations before the picketing in order to eliminate any formal inconsistency, solve questions and reach agreement for permission to conduct this picketing.

Moreover, human rights activists claimed that if they don’t reach agreement with local authorities and aren’t be able to lift the ban of the picketing, they, the applicants of the picketing, will have to give up the realization of their own constitutional rights through this form of mass action and will choose other ways of informing people about the arrest of the prominent human rights activist Ales Bialiatsky in Minsk. They will choose forms which legally do not require any requests for permission at the Executive Committee.

On the same day, after the registration of the request, Aliaksiey Lapitsky tried to meet the officials of the Executive Committee, the chairman M. Amelyanchuk and his ideology deputy Yury Shary. But they were absent that day. Thus, the head of the ideological department Alena Haretskaya refused to explain the specific reasons for the ban of the event and to give answers on the questions about the ban of a peaceful assembly of citizens which was prepared by her and signed by the leadership of the Executive Committee.

Instead, perhaps as an additional argument, she called for a policeman to help her and tried to put psychological pressure upon the applicant.

As a result, the police officer, Siarhey Shcharbitsky, did not understand what he was called for, because the conversation was continued at his presence and at the presence of other members of the department for some reason invited to help. The conversation concerned only the competence and responsibilities of the head of the ideological department, who has not been able to explain the legality of the document she’s prepared on the prohibition of picketing and could not name the specific grounds under which the picketing was categorically prohibited, without any counter-offers and straightforward comments, without the possibility to determine or correct it.

As a result, the applicants had to make a record in the Executive Committee’s book of complaints and proposals Lawless intentional obstacles to the implementation of citizens’ constitutional rights and freedoms, intentions to put an administrative pressure upon the applicants, rather than to facilitate them to exercise their right to freedom of peaceful assembly and unobstructed dissemination of information were described in the record.

In connection with the obvious opposition and consistent obstacles in conducting peaceful picketing in support of political prisoner and human rights activist Ales Bialiatsky, the applicants will challenge these illegal actions in court.

Attachments:

1) Official response signed by Y. Shary about the ban of the picketing declared on 22.08.2011;

2) Application to the Executive Committee of 8.19.2011, registered under the number 02-03/240/1л;

3) Record in the Book of Complaints and Suggestions of Zhodzina Executive Committee after the incident with a policeman.

1)

Афіцыйны адказ за подпісам Ю.Шарага з забаронаю заяўленага на 22.08.2011 пікетаваньня

Official response signed by Y. Shary about the ban of the picketing declared on 22.08.2011;

;
2)

Заява ў выканкам ад 19.08.2011, зарэгістраваная за №02-03/240/1л

Application to the Executive Committee of 8.19.2011, registered under the number 02-03/240/1л;

;
3)

Запіс у Кнізе скаргаў і прапановаў Жодзінскага выканкаму пасьля інцыдэнту з выклікам вартавога міліцыянту

Record in the Book of Complaints and Suggestions of Zhodzina Executive Committee after the incident with a policeman.

Аles LETA,
Belarusian Legal Portal,
by.prava-by.info

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