2015 12/01

Why do executive committees continue to torpedo Main Law of the country and violate fundamental rights of citizens? Why do direct contradictions in legislation remain incorrect for years and citizens are deprived of their own constitutional right because of that?! Why is ideologist allowed to ignore constitutional rights and civil status of every Belarusian?

_________

There is different practice in regions

_________

In addition it is strange that at the same time in several regions of Belarus practice of banning pickets because applicants didn’t fulfill absurd demands to pay to the police for safe-guarding during events which are aimed to realize constitutional right on expression of opinion, and also to attach agreements on such paid safe-guarding of participants of will expression to applications is a long time recognized to be illegal (!?)…

  • Examples

In different cities the legislation is being interpreted differently. So, in Homel this article has been excluded from corresponding new decision of the city’s authorities from August 15th 2013 (see the document here as an attachment to the material), which continues to create invincible obstacles on the way local activists try to realize rights on peaceful assembly and expression of opinion.

And in Baranaviszy as well as in Zhodzina (and in many other towns in Belarus) such illegal practice continues despite everything. And this happens despite the fact that the position of the police was clearly explained many times to executives committees and courts in oral and written way and even in the form of report of witness during court sessions.

_________

Police interprets the legislation in another way

than executive committee does

_________

Last explanation (see attachment to the publication here) made on this topic by deputy Head of Department of Internal Affairs of Minsk regional executive committee A.V. Astrejka makes it clear that the police has not to allow holding an event according to their official duties until receiving positive decision of the executive committee on the application, and that it is executive committee who specifies in its final decision on allowance all similar question taking into consideration concrete circumstance regarding type and character of the even declared, its aims and range after considering the application on the merits.

It is executive committee who is obliged to specify all questions regarding payment if it is legitimate and is required at concrete circumstances. Police only fulfill its official safe-guarding duties during such events free of charge.

_________

Impossibility to fulfill requirements

demanded by the authorities

 (Opinions and suggestions)

_________

There is a necessity for the authorities to figure everything out and to put the law in order in this sphere.

And human rights defenders are to exchange experience and existing documental evidence of violating of the principle of legal certainty in these questions. It is necessary to get all the facts and circumstances together and to claim from the national courts of all levels (not excluding the Constitutional Court) objective investigation and punishment of the guilty, and also to update the legislation so that it corresponds to the norms of the Constitution, international standards of law on peaceful assembly and freedom of expression of opinions.

These norms are clearly written in the Main Law of the country (articles 23, 35 and 33) and in International Covenant on Civil and Political Rights (articles 21 and 19). They are necessary to be implemented in national laws and be scrupulously fulfilled. And ruling officials have to be brought to responsibility according to the law for non-execution of legislation on these main rights and freedoms of citizens, for purposeful creating of obstacles for their realization, including intentional exercise of collegial and organizational procedures and administrative resources within the sphere of powers of authority.

This legal lawlessness is to be terminated!

It is vitally important to remove inconsistency in legislation, Constitution and non-legislative acts. Because there is practically no possibility to fulfill all the requirements demanded by the authorities when subjects understand their duties according to requirements demanded by the authorities in a different ways at the stage of “applying” for holding “such events as meetings, gatherings, demonstrations and pickets” (this is how peaceful assembly are named in the Constitution of Belarus!).

________

Problems of execution of principle

of legal certainty in legislation

________

It needs to be pointed out that the term “public events” in specialized law to which “peaceful assembly” are unfoundedly and artificially attached is rather vague.

Commercial sports and entertaining “mass events” (held at a special places and aimed at gaining profit) and “other public events” of the same focus held at “places specially don’t adapted for that means” are messed in that law. And what is absolutely inappropriate in such circumstances some specified by the Constitution “events” (“peaceful assembly”) meant above which are under positive state guarantees according to international agreements and International Covenant on Civil and Political Right in particular (ICCPR) are also regulated by that law.

_________

What is left to do in such situation?

_________

The vivid illegality and practical impossibility to fulfill requirements of local executive committees to applicants of “peaceful assembly” to conduct service agreements with state institutions (for example, with the police) is a reason to raise this question on principle to correspondent bodies of state power and Belarusian courts of all levels.

It is vitally important to continue pointing out (intentionally or not) this legal mess and legal confusion created by it and as the result concrete intentional obstacles brought into action in practice of realization by citizens of their inherent constitutional right on peaceful assembly guaranteed by the state in article 35 (33) of the Constitution and also articles 21 (19) of ICCPR.

_________

...

Then who is interested in torpedoing of constitutional legal norms and continuing of systematic practical violation of human rights in Belarus?

To whom and why it is profitable to create tension about nothing and exchange Main Law and Constitutional law by actually anticonstitutional ideology?

Maybe they are those who never recognized and don’t recognize today both statehood of Belarus, its independence and full-rate state sovereignty, nor civil status and correspondent inherent civil right of every citizen of our country?

Maybe it’s time to stop considering Belarusians as under-citizens, under-people and give unlimited power to ill-wishers of Belarus?!

It seems that it is necessary to consider this problem seriously and responsibly and to point at those officials of the executive committees who each year ignore constitutional law and intentionally and consciously violate Constitution of the Republic of Belarus and generally acknowledged norms and rights of citizens using own organizational possibilities and authoritative powers.

Why local executive committees are still allowed to consistently and conveniently violate constitutional rights of Belarusians in Belarus in almost demonstrative (rude and unpunished) way?

__________

Now it’s time to stop the practice when an ideologist deprived of national dignity and state responsibility continues to run antibelarusian as a matter of fact “anticonstitutional show” in Belarus!

...

ATTACHMENT:

Alaksiej Lapicki,
specially for Belarusian Legal Portal ,
www.by.prava-by.info

Inphoto: Alaksiej Lapicki, human rights defender from Zhodzina

Photo by author
Lićviny-INFA

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