2015 15/01

January 15, a preliminary hearing on the appeal of the human rights activist Siarhei Housha against the ban on his picket, issued by Baranavichy City Eecutive Committee on December 5, 2014, took place at the Baranavichy City and District Court.

Mr. Housha intended to hold the picket to mark the 66th anniversary of the Universal Declaration of Human Rights. The trial was held by Judge Volha Apanovich.

Siarhei Housha asked the court to cancel the decision of the executive committee as illegal and violating his civil rights. He also asked the court to bring to account the chair of the Baranavichy CEC V. Zakharchuk for violating the term of responding to his appeal. The matter is that the official sent his answer only on December 9, 2014, one day before the picket, whereas the law requires to send such answers at least five days before the mass event in question.

The human rights activist also demanded to bring to justice officers of Baranavichy CEC for failure to implement the Regulation of the Council of Ministers No. 207, in violation of which the officials demand that organizers of mass events should enter into service agreements with the city police department for guarding the mass events.

The representative of the Executive Committee, head of the department of ideological work, culture and youth affairs Sviatlana Paulovich didn’t recognize Siarhei Housha’s claims to the executive committee. She stated to the court that the executive committee had prohibited the picket on December 10, 2014 in compliance with the law, as the organizers had failed to indicate in their application the measures on the protection of the public order and cleaning the site after the end of the event.

Mr. Housha stated that the applicants had entered into an agreement with the public utilities for cleaning the territory after the picket and attached the required agreement to their application. She also added that according to the regulation of the Council of Ministers No. 207 of March 5, 2012, the executive committee was to pass the application for the mass event to the law-enforcement authorities for organizing the protection of its members within one day after its receipt.

The largest disputes between the plaintiff and representative of the defendant concerned paragraph 4 of the ruling of the executive committee No. 1497 of June 16, 2009 “On the order of holding mass events in the city of Baranavichy” (in the edition of the ruling of the Baranavichy CEC No. 2497 of October 5, 2009). Mr. Housha argues that it doesn’t comply with the regulation of the Council of Ministers No. 207. This was also confirmed by the representative of the Baranavichy CEC Sviatlana Paulovich, who stated that soon there would appear a new ruling of the executive committee on the order of holding masss events, which would be brought in line with the regulation of the Council of Ministers.

The next hearing was scheduled for 10 a.m. on January 27.

Quoting spring96.org,
Prepared by Ales LETA,
Belarusian Legal Portal.
by.prava-by.info

In the photo Siarhei Housha, human rights activist from Baranavichy
Photo by A.Łapicki

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