2014 30/07

Housing and utility sector of Zhodzina has a choice – either 10 milliom BYR for one sheet of trash after a human rights picket or just 1 million BYR for performance of their official duties according to conditional prepaid agreement. Such additional suggestions on conducting an agreement were made by human rights defenders who applied for peaceful assembly in Zhodzina.

Today on the 30th of July 2014, 5 days before the planned picket on the 4th of August 2014 that was declared to be held from 16:00 till 17:30 near the music venue of culture and leisure park in Zhodzina, human rights defenders Sviatlana Lapickaja and Alaksiej Lapicki received a refusal from administration of Housing and utility sector from conducting a paid agreement which is obligatory according to Decree №1020 of the executive committee.

The authorities of town communal service replied to the Belarusian-speaking applicants in the Belarusian language and as polite as possible. They explained their refusal from conducting a paid agreement with the providers of the picket with the lack of working recourses and technical equipment ( due to the summer period) to do the cleaning of the territory after the picket in support of Mikalai Statkievicz and other political prisoners, and also blame of Russian military aggression against brotherly Ukraine.

Due to the fact that there was no official reply from the executive committee regarding the declared event and that after 4 days of meetings with lawyers and the authorities of municipal hospital the agreement on medical services required by the executive committee was finally signed by the authorities of municipal hospital (see the attachments), and despite the fact of no reaction to the similar appeal to the Municipal Department of the Interior of Zhodzina, Alaksiej Lapicki, who is responsible for the holding of the event, emergently addressed Housing and utility sector with additional suggestions (see the attachments).

Looking forward to logic and clear imperatives of law (constitutional and international) and usual common sense in particular Alaksiej Lapicki suggested to the Housing and utility sector of Zhodzina, which has major technical problems, with a decision on bureaucratic situation setting, when the executive committee demands for paid agreements from organizations who are unable to conduct them, or are not obliged or even have no rights on conducting such agreements. Human rights defender from Zhodzina suggested the authorities of Housing and utility sector the decision of the dead-end situation with the profit of 10 million BYR. Human rights defender is ready to pay the money to the Housing and utility sector in 10 days (with a fine to the amount of 1% per day of the delay) in case after holding a picket patrolled by the police and controlled by the providers there will be even a single sheet of trash left. At the same time there is a choice for the authorities of Housing and utility sector to conduct an agreement on 1 notional BYR and execute their duties in usual working mode (with no absolutely unnecessary additional and special expenses) in case there is a necessity in their service.

In such a way human rights defenders from Zhodzina during their communication with authorities try to remve the scales from their eyes and show them official facts documentary proved in court (stated in protocols and related audio recordings), but still not recognized officially, that article 5 of Decree № 1020 of local executive committee: 1) is impossible to execute, 2) it could be refer to such kind of events as “other public events” (sport, commertial…) that are listed in article 4 of the Decree of the executive committee.

However in practice providers of such events (who have their budget and a plan of profit and expenses on holding of the event) are not obliged to attach copies of paid service agreements to their applications. They conduct agreements that are really necessary to them after they applied to the executive committee at the same time when coordinating the application at the executive committee.

In connection with this everywhere in Belarus providers of public events of civil and political focus (peaceful assemblies: pickets, protests…), which are guaranteed by the state according to article 35 of Constitution of the Republic of Belarus (the state guarantees to citizens and has positive duties to support the realization of civil and political freedoms), are constantly deprived of their constitutional rights and freedoms, are being persecuted and discriminated.

“After this reply from Housing and utility sector, the decision of the executive committee of Zhodzina is practically known” – mentions Alaksiej Lapicki. Human rights defender believes that the picket in support of Mikalai Statkievicz and other political prisoners, and also against Russian military aggression and in support of territorial integrity of Ukraine will be prohibited.

“However the refusal from 10 million BYR of profit for one sheet of trash after the picket (laughs) in suggested conditions for Housing and utility sector will be remembered. Loss of agreement with such a profitable suggestion (in specified conditions) can be recognized as actions with causing losses for the enterprise in the form of lost opportunity to fill problem municipal budget without any “special or additional expenses” – just out of nothing. In fact, in conditions of possible and (coming from demanding position and logics of the executive committee) even “necessary” in any case “expenses on cleaning the grounds after holding there a public event” and very profitable for the budget (promised by the party in our case) overcompensations – loss of such formal offer looks like rather serious waste on the part of authorities of the governmental organization.” – summarized human rights defender.

Attachments:

1) Decree № 1020 of executive committee of Zhodzina (local order of holding events;
2) Original application offer on conducting an agreement with Housing and utility sector from 16th of July 2014 – two pages;
3) Reply from Housing and utility sector from 30th of July 2014 with a refusal from conducting the necessary agreement;
4) Additional suggestions of providers to Housing and utility sector;
5) Final reply from Housing and utility sector with refusal from 10 million BYR

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

In the photo: Alaksiej Łapicki and Sviatlana Łapickaja
Photo by A. Łapicki

 

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