2012 26/01
Леанід Судаленка, Гомель

Leanid Sudalenka, Homel

Chairman of the Constitutional Court of Belarus Piatro Miklashevich recently has demonstrated the government’s position on the citizens’ right to access constitutional justice.

- Today there is no need to go to Constitutional Court. Indirect access is provided at the legislative level. That is, an individual has the right to go with an initiative to examine the constitutionality of a legal act to authorized entities. If there are sufficient grounds these entities may appeal to the Constitutional Court, – said Miklashevich to the news agency BelTA.

Homel human rights activist, lawyer, the chairman of the city branch of the NGO “Legal Initiative” Leanid Sudalenka doesn’t agree with the head of the CC and declares that the question of granting the citizens the right to direct appeal to the Constitutional Court has not only escalated, it had already made a name for itself.

- It’s one thing when human rights are violated in countries ruled by laws, and quite a different thing is when it happens here where people rule. Citizens of any country, including our closest neighbors, do not necessarily have to apply to the Constitutional Court; they can directly apply to the European Court of Human Rights, which would force the country to restore the violated rights of ordinary citizens.

- In our practice, there are enough cases when we went to authorized entities, about which the head of the CC is speaking. If you speak in jest, it is better to write to the Sports Lottery – there are some chances for reply there … Officials from the “authorized entities” will never seek for “reasonable grounds” which Miklashevich is talking about, they are not interested in this topic. Our officials have learned very well – any initiative is punishable!

As the lawyer notes, Belarus remains the only country in Europe where citizens are denied the right to appeal to Strasbourg. Belarusians and their rights remain in a confined space, i.e. one-on-ones with their government. Complaints to the UN Committee on Human Rights also do not lead to the restoration of violated rights – officials from the government simply ignore them.

Citing the example of the closest allies – Russia, whose citizens have rights to the constitutional complaint, the leader of the NGO “Legal Initiative” also does not agree with the head of the CC in the question that the constitutional complaints require further work, to which Belarus may come in the future.

- Basic laws of post-Soviet countries in principle are identical, so there is no need to “reinvent the wheel”, you can just take legislation in Russia as a basis and adapt it to the national requirements. I support the idea that human rights are observed today, and not in the distant future, – the expert drew a line.

Let’s remind you that the situation of human rights in Belarus is condemns not only by the U.S. but also the leadership of the Council of Europe, human rights organization “Amnesty International” and local human rights activists.

Quoting gomelspring96.org,
Prepared by Ales LETA,
Belarusian Legal Portal,
by.prava-by.info

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