2008 11/11

Судовае рашэньне і …On 10 November 2008 Aliaksei Lapitski received by mail the decision of the cassation instance, the College Board of Minsk city court, dated 23 October 2008 concerning his private lawsuit of 21 September 2008.

The court verdict contains the final refusal to consider at court the suit of Zhodzina human rights activists (Sviatlana and Aliaksei Lapitskis) and leaves in force the ruling of Tsentralny district court of Minsk of 11 September 2008 (in which the latter turned down their lawsuit against the unlawful actions of duty officials), and the final decision of Minsk oblast executive committee and the Presidium of Minsk oblast soviet of deputies of 14 July 2008 on forming of constituency election commission #66 during election to the Chamber of Representatives of the National Assembly of the Republic of Belarus.

Bear in mind that as a result of manipulations with the election documents the timely filed (sent on 7 July as registered letter and accepted on 9 July as incoming correspondence) address with signatures of 108 electors was not considered according to the law…

It is quite simply to prove it: on 11 July 2008 Minsk post office sent to the Lapitskis the receipt about timely delivery of the address. This receipt was received by the human rights activists and presented as evidence. It contains the signature of an officer of Minsk oblast executive committee Sharanda and the seal of the post office with the date…

This implies that the officials of Minsk oblast executive committee purposefully put aside the address and ignored it (!) as allegedly untimely filed (!)

The abovementioned actions of the officers of Minsk oblast executive committee and Minsk oblast soviet of deputies are evidently arbitrary and completely illegal. They violate the rights of the applicants and the elementary procedures of records management, registration and consideration of correspondence, the rules of work with election documents, the principles of openness and transparency including the procedure of consideration of addresses signed by electors during the election process…

This fact, in its turn, doubtlessly witnesses the ordered and discriminative nature of the law violations against Aliaksei and Sviatlana Lapitskis as human rights activists and members of the BPF Party in Zhodzina.

The unlawful actions of the officers of Minsk oblast executive committee (that violate the Election Code of the Republic of Belarus, the present legislation, the rights of pretenders and the electors who signed the address) were appealed against to the Central Election Committee, Minsk oblast procuracy, Tsentralny district court of Minsk and the College Board of Minsk city court.

However, none of these organs took appropriate timely measures concerning an evident and proved violation of the election procedure during forming of Zhodzina constituency election commission #66…

As a result, there is a whole specter of violated rights and freedoms of participants of the election process. At the same time, none of the state institutions implemented their obligations on appropriate defense of the violated civil and political rights and liberties… In particular, the head of the Central Election Commission L.M.Yarmoshyna just made a helpless gesture and expressed her ‘sympathy’. The procuracy, noting the evident fact of law violation, advised applying to the court… and the court refused to consider the case as it is allegedly out of the jurisdiction of general courts…

In connection with this Aliaksei Lapitski pointed…

‘Doubtlessly, we will not stop on this ‘phenomenal invention’, absolutely significant for the system that exists in Belarus. In the issues that concern the economical and political stability of the ruling regime the law machinery works only in one direction… Here we can see the monolithic administrative-judicial-law-enforcement conglomerate of power in action.

The refusal of the Belarusian courts to concerning the electoral cases pursues a completely transparent criminal aim – to guarantee a complete impunity of manipulations with election documents, which lets one endlessly manipulate the electors’ votes and endlessly hold the power.

On 10 November 2008 Aliaksei Lapitski received by mail the decision of the cassation instance, the College Board of Minsk city court, dated 23 October 2008 concerning his private lawsuit of 21 September 2008.

The court verdict contains the final refusal to consider at court the suit of Zhodzina human rights activists (Sviatlana and Aliaksei Lapitskis) and leaves in force the ruling of Tsentralny district court of Minsk of 11 September 2008 (in which the latter turned down their lawsuit against the unlawful actions of duty officials), and the final decision of Minsk oblast executive committee and the Presidium of Minsk oblast soviet of deputies of 14 July 2008 on forming of constituency election commission #66 during election to the Chamber of Representatives of the National Assembly of the Republic of Belarus.

Bear in mind that as a result of manipulations with the election documents the timely filed (sent on 7 July as registered letter and accepted on 9 July as incoming correspondence) address with signatures of 108 electors was not considered according to the law…

It is quite simply to prove it: on 11 July 2008 Minsk post office sent to the Lapitskis the receipt about timely delivery of the address. This receipt was received by the human rights activists and presented as evidence. It contains the signature of an officer of Minsk oblast executive committee Sharanda and the seal of the post office with the date…

This implies that the officials of Minsk oblast executive committee purposefully put aside the address and ignored it (!) as allegedly untimely filed (!)

The abovementioned actions of the officers of Minsk oblast executive committee and Minsk oblast soviet of deputies are evidently arbitrary and completely illegal. They violate the rights of the applicants and the elementary procedures of records management, registration and consideration of correspondence, the rules of work with election documents, the principles of openness and transparency including the procedure of consideration of addresses signed by electors during the election process…

This fact, in its turn, doubtlessly witnesses the ordered and discriminative nature of the law violations against Aliaksei and Sviatlana Lapitskis as human rights activists and members of the BPF Party in Zhodzina.

The unlawful actions of the officers of Minsk oblast executive committee (that violate the Election Code of the Republic of Belarus, the present legislation, the rights of pretenders and the electors who signed the address) were appealed against to the Central Election Committee, Minsk oblast procuracy, Tsentralny district court of Minsk and the College Board of Minsk city court.

However, none of these organs took appropriate timely measures concerning an evident and proved violation of the election procedure during forming of Zhodzina constituency election commission #66…

As a result, there is a whole specter of violated rights and freedoms of participants of the election process. At the same time, none of the state institutions implemented their obligations on appropriate defense of the violated civil and political rights and liberties… In particular, the head of the Central Election Commission L.M.Yarmoshyna just made a helpless gesture and expressed her ‘sympathy’. The procuracy, noting the evident fact of law violation, advised applying to the court… and the court refused to consider the case as it is allegedly out of the jurisdiction of general courts…

In connection with this Aliaksei Lapitski pointed…

‘Doubtlessly, we will not stop on this ‘phenomenal invention’, absolutely significant for the system that exists in Belarus. In the issues that concern the economical and political stability of the ruling regime the law machinery works only in one direction… Here we can see the monolithic administrative-judicial-law-enforcement conglomerate of power in action.

The refusal of the Belarusian courts to concerning the electoral cases pursues a completely transparent criminal aim – to guarantee a complete impunity of manipulations with election documents, which lets one endlessly manipulate the electors’ votes and endlessly hold the power.

In such conditions the ‘criminal pyramid’ can commit any unlawful actions concerning the election legislation, civil and political rights without any risk and dangers usually associated with open violation of the Election Code and the present legislation.

Those who foster it by inappropriate execution of their duties or closing their eyes to such abuses are associates in this organized, large-scale state crime…

But it cannot be endless… Law and order will finally find their deserved place in our country.

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