2014 23/10

Meeting on the Freedom Day(Dzien Voli) on March 25, 2009 ended with detention for Ihar Bazarau and Valery Aliaksandrau . Two days later, the Court of the October District they were fined in the amount of two basic units.

According to the decision of the judge Alena Kazilavw, the protesters – Ihar Bazarau, Valery Aliaksandrau and Siarhey Kavalenka conducted unauthorized meeting because they came to the Svabody streets with a white-red-white flags and managed to walk a few meters until they were detained by the police. All three were charged with violation of the Article 23.34 of the Code of Administrative Offences. Attempts of Ihar Bazarau and Valery Aliaksandrau appeal the decision to the Vitebsk Regional and Supreme Courts have failed.

According to the decision of the UN Human Rights Committee, the authorities have violated paragraph 2 of Article 19 of the International Covenant on Civil and Political Rights (the right to freedom of expression), and as for Bazarau has been also violated the article 21 of the Covenant (the right to freedom of peaceful assembly).

“The Committee noted that the decisions taken in respect of Vitebsk activists, when the authorities introduce certain restrictions on the rights, they have to explain that in order to achieve what exact legitimate purposes of the law the right is restricted. However, the Belarusian government has not explained how the silent motion of the three people on the sidewalks at lunchtime violated the rights and freedoms of others or created a threat to national security or public order. Accordingly, the Committee concluded that the persecution of Bazarau and Aliaksandrau for their participation in a peaceful assembly, even though it was not sanctioned by the authorities, is unjustified restriction of rights” – writes “Vitebsk viasna.”

According to the decision of the HRC, Belarus, as a party to the International Covenant on Civil and Political Rights, is obliged to provide Vitebsk activist with an effective remedy, as well as compensation for the costs – they have to return the money paid by the activists as fines.

Attachments:
Decision UNCHR CCPR/C/111/D/1934/2010 in the case of “Bazarau v. Belarus» (PDF, Eng.)

Quoting vitebskspring.org, spring96.org

Prepared by Ales LETA,
Belarusian Legal Portal.
www.prava-by.info

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