2014 03/08

There is a new banner in our category “Recommendations”, and exactly in section which is just at the end at the left side of the column with the titles of categories of the website. This interactive logo of the recourse allows visiting the website of human rights defenders of the Ukraine “Strategic litigation platform”.

At this legal portal are published strategic test cases that were won by citizens of the Ukraine with the help of lawyers and human rights defenders of the Ukraine at the European Court of Human Rights (ECHR).

The materials of the platform are in the Ukrainian language that is (to some extent) rather understandable to Belarusians and certainly to all Belarusian-speaking citizens of Belarus, and example of the Ukraine (that is a full member of Council of Europe) and its’ cases at ECHR may be very useful for Belarusians and insightful for everyone of use in perspective. It’s because our country is not even an associated member of Council of Europe. That’s why citizens of Belarus unfortunately have no opportunities to appeal individually to ECHR regarding violations of their rights in case using all the effective legal remedy at the domestic level like Ukrainians and Russians (Russian Federation is also a member of Council of Europe).

At the same time the only means of “international jurisdiction” on civil and political rights and freedoms available to Belarusians in such conditions is United National Human Rights Committee. However the procedure there is significantly more complicated and the terms are longer (up to 3-5 years) and the final decisions of the experts of the UN Human Rights Committee as decisions of quasi-juridical international authority that works according to optional protocol to the International Covenant on Civil and Political Rights (ICCPR) in practice are being constantly ignored by Belarusian authorities with no consequences.

For ECHR executive after-court procedure in case there is a final decision handed out directly obliges the offending state and its legal entities to act in a specified way through judicial executive procedures in order to fulfill the decision made by the European Court definitely and timely. The executive procedures allow the offended to receive rather substantial (significant for the offending state) pecuniary compensation, and also change law making and court practice so that it doesn’t contradict to requirements of established international standards of law in the sphere of human rights and doesn’t lead to further comprehensive violations of rights and freedoms of citizens in the country. On the specified as a banner recourse one can find documents and facts about those cases that were won by human rights defenders of the Ukraine at ECHR and that influenced particular changes to legislation and court practice in that rather significant to Belarus neighboring country.

According to: Aliaksandra Cimaszczuk, a journalist

website “Jurliha”
Prepared by Ales LETA
Belarusian Legal Portal
www.prava-by.info

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

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