2014 04/07

Human rights defenders from Biaroza town made an application for holding a picket to coincide with the anniversary of accepting of Declaration of Independence of Belarus. As it is the day on which Supreme Soviet of BSSR opened a new milestone in the history of our country.

By these means human rights defenders from Biaroza hope to have a chance to get from local authorities permit on the picket for airing their ideas in public by choosing a permitted place, civic stadium. They believe that holding this action will allow them to express their patriotic feelings and respect for a very important for every responsible Belarusian historical event.

In order to hold a picket on this day (on fenced off from main streams of people stadium) it is necessary to as authorities, to send under their pressure requests on conducting PAID agreements for special paid services from police, medical and community services alleged to be essential. (Thanks for police being “with a fight” excluded from this list in several cities, because this practice contradicts to legislated in Resolution of the Council of Ministers of the Republic of Belarus № 207; but, how one can see, not everywhere).

However this is not a guarantee that authorities will permit to hold the declared peaceful assembly in Biaroza! So what is there independence or freedom? Where are we? Where are we living so far? Or it only seems to us that all of us are citizens?

In actual fact there is a legislated in statement 35 of the Constitution of the Republic of Belarus right to peaceful assembly, and the state has a positive duty to guarantee this right to the citizens. That’s why any mandative (and in practice illegal) paid agreements for realization of this constitutional right are out o f the question, because it contradicts to the Constitution, and ICCPR, and regulations of Civil code of the Republic of Belarus.

However the situation is illustrative! We ask the authorities to express approval to its state, and at the same time think how to avoid state racketeering regarding agreements and unsettled situation, when for example according to Resolution №207 a police officer has to work in another way. And he doesn’t take money for his service (as he has no right for it) and we, all the applicants of peaceful assemblies in Belarus, are made to suggest it to him insistently under the threat of non-permission of declared action or proscription of realization of our inherent constitutional right (!?). How all of these can be classified?

And as the result such a non-natural situation is created, that in case an agreement (at least with the police) is not conducted – the requirements of order made up by local authorities are considered to be not fulfilled and the application can be already formally rejected. What is done without taking into consideration the unlawfulness of such actions, the decisions of The United Nations Human Rights Committee and the essentials of the requirements of statements 23 and 35 of the Constitution of the Republic of Belarus and statement 21 of the International Covenant on Civil and Political Rights (ICCPR).

For how long all these will continue? Until a new revolution or until a real independence happens? When there will be working not unconstitutional and uncivil, nomenclatively-ideological practivability unbelarusian at the root, but elementary propositions of law, our Constitution – the main Law of our independent state Republic of Belarus, where all of us now only survive, but not live?

Our civil condition is completely crossed, and Constitutional Court doesn’t pay attention to such abuse of power and violations of constitutional legality, generally acknowledged international standards of law. The judicial system doesn’t fulfill its’ functions and is not an independent judicial power, and the government ignores its’ direct duties on conclusive fulfillment of the requirements of international agreements on civil rights and freedoms (such documents as ICCPR and optional protocol to it) and refuses to fulfill relevant decisions of the United Nations Human Rights Committee regarding constantly recorded violations of human rights in Belarus.
And we’d really appreciate to live in free, really juristic and independent Belarus that respects itself and its nation!

Appendix: Resolution of the Council of Ministers of the Republic of Belarus № 207

Aliaksiej Lapicki,
Belarusian Legal Portal,
www.prava-by.info

Tags: , , , ,

Leave a Reply

Your email address will not be published. Required fields are marked *


*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>