2014 14/04

A formal decision in Russian language of Human Rights Committee of the United Nations appeared on the complaint of the chairman of Homel Regional Belarusian Left Party “Fair World” Uladzimir Siakerka on the prohibition of the rally of protest against the abolition of benefits to the entire population of the country. The rally had to take place in Homel in December 2007.

The appropriate decision of UNCHR of 28 October 2013 is already available on the Internet in Russian.

Uladzimir Siakerka complained to the UN Committee after having not found protection of his rights in Belarus. Homel Executive Committee resfused him and the other 45 activists to held a series of mass actions in the regional center against the law on the abolition of benefits to the entire population, including children under the age of 3 years. Local officials demanded democrats to pay for militia, ambulance and community services.

The Human Rights Committee reminded that if the government imposed a restriction on the freedom of peaceful assembly, then it should have supported the implementation of the law but not have sought unnecessary or inappropriate constraints. And since the government of Belarus has decided that only prohibition of peaceful assembly can ensure public order and safety, the protection of morals or health or the protection of the rights and freedoms of other persons, it has violated the applicant’s right to freedom of peaceful assembly under Article 21 of the International Covenant on Civil and Political Rights.

Based on the decision of the UN Committee the Belarusian government must supply “victims of violation with an effective remedy, including a full cost recovery and adequate compensation” and required “to prevent similar violations in the future”. Moreover, the Belarusian authorities must “change the national law on mass events and practice its application so as to ensure everyone’s right to freedom of peaceful assembly”.

The Belarusian government should have executed and published its decision in Russian and Belarusian languages in the official media within 180 days.

Unfortunately, till today this decision is being left unattended by the state.

Text of the decision in Russian can be downloaded HERE

Quoting gomelspring.org
Prepared by Ales LETA
Belarusian Legal Portal

Photo: www.svaboda.org
(Cropped by A.Lapitski)

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