2014 25/07

Deputy Chief of Supreme Court judge Andrej Zabara replied to supervisory appeal of activist of United Civic Party of Belarus from Homiel Eduard Nielubovicz.

He wrote that national legislation doesn’t contradict to international law on freedom of assembly, as International Covenant on Civil and Political Rights allows limitations of right on peaceful assembly.

Deputy Chief of Supreme Court concludes that “it corresponds with the Universal Declaration of Human Rights to the full extent. The UDHR establishes each person to have duties to the society, which gives the only possibility for the free and full development of his personality. Moreover, one of the main assumptions of human rights is that each citizen’s rights begin from the respect of other citizens’ rights”.

Eduard Nialubovicz believes that it is significant to raise questions of international responsibilities in the sphere of human rights to judges. Because if one scale of justice filled with the main Law of the country and its international responsibilities can’t overweight the other scales filled with the decision of local authorities on public events, according to which it has been impossible to hold a single peaceful assembly in Homiel for ten years already, then it’s a problem not only of judges, but of the whole country!

It is necessary to bring these problems to the Supreme Court, to the United Nations Human Rights Committee, where the activist is intended to appeal after he has received the reply.

Attachment: Reply from Deputy Chief of the court A.Zabara on supervisory appeal

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

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