2013 10/12

Two private complaints were filed to the regional court. They described cases when the district court has failed to solve issues related to the organization of pickets. Moreover – judges of Kastrychnitski district court are contradicting each other in their reasons.

Activists are trying to get a clear answer from the district court, about how in reality they can implement the decision of the Executive Committee to “On the organization of mass events in Vitebsk”.

It has been already almost 4 years that the regional center was not allowed to conduct any mass actions initiated by local democratic forces. The refusals are based on the Executive Committee’s decision 881, according to which the organizers are asked together with the application itself to present contracts with utilities, militia and the city’s clinic services.

“But the last two structures – Clinic and the Regional Department of Ministry of Internal Affairs do not agree to come into contracts. Department of the Interior reports that contracts can be signed only after the permission of the Executive Committee, although the Executive Committee requires the reverse order. Doctors refer to a variety of reasons – from seasonal diseases to lack of ambulance crews, regardless of the time of year and day of the week. Not once in almost 4 years, we have not been able to come into contracts for medical care”, – says Aliaksei Haurustikau, the activist on establishing the Social Democratic Party “Narodnaya Hramada”.

After the last ban of the picket on Human Rights Day, the activists decided to sue complaints about the actions of officials – the heads of services which have not agreed to enter into contracts. However, the Kastrychnitski district court judge Alena Papkova refused to prosecute the legal and administrative aspects: she issued a ruling that the activists should go to law on other grounds. Namely speaking: to ask the court to force the organization to conclude contracts.

“This what we have faced in spring: we were told that the court could not force neither medicals nor police to come into contracts! So we put together the judgments of courts with opposite conclusions and sent it all to the Regional Court. Let them think and answer: what judge should we believe and how to appeal to the court if the serviced don’t want to come into contracts and we can not implement our right to organize mass actions”, – says A.Haurutsikau.

This spring, Mr. Haurutsikau together with the coordinator of the Movement “For Freedom” in Vitebsk region Hrystaphor Zhaliapau tried to force the mentioned above structures to conclude contracts through court. On March 15, Kastrychnitski district court judge Ihar Rymsha decided that it’s impossible to make city polyclinic conclude agreements, and that a disagreement to conclude a contract is the right of administration of a public institution. Although they are listed in the Executive Committee’s decision 881 as responsible services for the maintenance a mass action.

Appealing to the regional court, the activists are trying to challenge the actions of officials concerning not signing contracts on serving during mass events. Although, generally speaking, it’s all about the officials: by accepting decision 881, Vitebsk city Executive Committee made it impossible to fulfill the law on public events. It put the residents of Vitebsk in such conditions that they could not fulfill the decision of local authorities, and execute their right to public expression of thoughts and opinions.

Quoting spring96.org
Prepared by Ales LETA
Belarusian Legal Portal

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