2012 20/03

Constitutional Court

The current situation in Belarus shows that the mechanisms of constitutional control and protection of human rights work here in a very specific, selective manner. It all depends on what field of international standards of law is affected: socio-economic or socio-political, relating to universal human rights reflected in the International Covenant on Civil and Political Rights (ICCPR).

Regarding the latter field, it should be bindingly noted that it, in fact, appeared to be under the ideological ban by the political regime of governance. It is contrary to the obligations of Belarus as a member country of ICCPR on unconditional and precise implementation of this international treaty on human rights and freedoms of citizens.

As for the authorized legal entities in the form of governmental agencies (parliament and government), as well as the president, in such circumstances, to the Constitutional Court they have never raised and do not raise now the questions of non-compliance of current legislation and judicial practice with the Basic Law, constitutional law and international standards in the field of human rights.

And attempts of citizens to somehow protect themselves are facing the same ideological expediency in the courts of all levels, and as it turns out in practice, it prevails over the Basic Law. In this case, under the weight of the “ideological taboos” in the sphere of human rights and freedoms neither the Constitutional Court, nor authorized legal entities are ready to respond to citizens’ red flags, to set and solve these problem issues and in the end – to promote the proper implementation of international legal standards into legislation and legal practice of the country, to seek the unconditional and precise execution of constitutional imperatives of human rights on the territory of Belarus.

This ideologically “forbidden topic” relating the rights of peaceful assembly, freedom of association, conscience and belief, the free flow of information, freedom of movement and personal security of citizens … as it turns out, is under a close control of the “political regime”. The regime, having concentrated the power and subjected the justice system, in fact, does not allow consideration of these issues in a proper legal course, blocking the direct operation of the law and a proper performance of constitutional norms.

In this situation, it makes sense to state clearly and unambiguously that the judicial system and the Constitutional Court of the country doesn’t perform their professional functions, and long ago have turned this into mechanisms of legalized limiting of the rights and freedoms of citizens. It is no surprise that they act very focused and are subject to the existing “vertical of power” under the repressive apparatus of the authoritarian political system created in Belarus.

We also offer a short video clip of the legal content: about the appeal of human rights defenders from Homiel Leanid Sudalenka and Vasil Paliakou to the Constitutional Court, the problem of direct constitutional appeals of citizens, as well as the inability of the highest Constitutional authority of Belarus to solve conflicts of the current legislation, in particular, with respect to violent administrative detentions and arrests of citizens with deprivation of their liberty before the judgment required by law.

VIDEO – HERE

Ales Volny,
Belarusian Legal Portal,
by.prava-by.info

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