2016 01/03

Through the appeal to the UN Committee on Human Rights (UNCHR) Vitsebsk member of the Conservative Christian Party BNF Jan Dziarzhautsau managed to defend his rights to freedom of expression and peaceful assembly.

  • According to the UN Human Rights Committee representatives of the state unreasonably restricted the rights of the opposition activist by arresting him with a poster in support of the elections boycott and fined for allegedly illegal picket.

Dziarzhautsau’s appeal in the UN HRC were concerned the 2010 presidential elections. Being a consistent supporter of a boycott of the elections in Belarus, the activist came to the “Blue House” with a poster in which he was appealing to citizens to abstain from participating in the forthcoming elections. Also in this action took part the well known Vitsebsk nonpartisan opposition leader Boris Khamaida, who also believed that after the changes in the Constitution of 1994 in Belarus had no legitimate authority, and that all the elections held in the country since then, were nothing but a farce.

The both participants of the picket were detained by police, and drawn up reports on administrative offense. On the same day the judge of the court of the Chyhunachny District of Vitsebsk Alena Tsyhankova decided that the opposition leaders had indeed violated the law on mass events. Barys Khamaida was punished by five days of administrative arrest, and Jan Dziarzhautsau fined 10 basic units (whereas was 350 thousand rubles).

The judge Tsyhankova’s decision afterwards was appealed in the Vitsebsk regional and Supreme Courts, but as usual, it did not give any result: the higher courts have agreed with the correctness of the punishment towards the opposition activists, since they did not have permission to organize it and they have organized it in a place that does not appear in the list of sites designated by local authorities for public events.

When the Human Rights Committee received the complaint of Dziarzhautsau, tried to get a comment from the state about his affair. However, which has become the norm for Belarusian officials in recent years, the authorities refused to cooperate with the UNHRC. They said that the complainant haven’t used all legal remedies in the country, because, among other things, he has not addressed the supervisory complaint to the chairman of the Supreme Court; therefore, the HRC did not have right to take his complaint to the review, and the government refused to comment.

  • As a result, the Committee had to remind the Belarusian authorities that if a state has joined the International Covenant on Civil and Political Rights and the Optional Protocol, it has assumed obligations to recognize the competence of the UN Human Rights Committee to accept individual appeals of citizens who claimed that their rights had been violated. And it is the prerogative of the Committee, not the state, to determine which appeals should be registered, and which not.

Since Belarus officials refused to cooperate with the HRC, the latter was forced to make a decision on the case based only on the facts, given by Jan Dziarzhautsau and copies of the documents, which he has attached to his appeal.

The committee arrived at the conclusion that the state had violated the rights of the opposition activist, which were provided by Part 2 of Article 19 of the Covenant (the right to publicly express one’s opinion) and Article 21 (right to peaceful assembly).

  • Now, according to the UN HRC decision, Belarus is obliged to compensate Jan Dziarzhautsau all losses, as well as to take measures to prevent such violations of the rights of citizens in the future, and to achieve this it is necessary to review the legislation, in particular the Law “On Mass Events”.

ATTACHMENTS:

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

PHOTO: Aliaksey Lapitsky (Lićviny-INFA)

Tags: , , , ,

One thought on “UN HRC: Belarusian authorities violated rights of Vitsebsk citizen and fined him for calling to boycott the elections (document, Eng.)”

  1. AL Łapicki says:

    JUST A SIMPLE QUESTION

    It has been already several years since 18 UN Human Rights Committee experts from around the world constantly endure such decisions, but stubborn Belarusian government like the “sheep in the herd” keeps “locking horns” … and that’s it.)) (

    And it is no longer funny! In all such like cases, and there are almost a hundred of them in a small Belarus, we can see systematic government’s failure to fulfill its obligations under the Optional Protocol and under the credible international treaty, the International Covenant on Civil and Political Rights (ICCPR). This shows the DISTRUST of the current leadership of Belarus to the UN HRC legal competences and actual NON-RECOGNITION of the Covenant.

    But, at the same time, thus the Government expresses DISTRUST and NON-RECOGNITION of the relevant rules of the Constitution of the Republic of Belarus, and clearly and intentionally is blocking the 2nd ​​SECTION of the Basic Law of the country, which is obligatory to any subject of law in Belarus!

    Is it not a state crime, cynical and insulting the honor of the European law-abiding people of Belarus, of a premeditated character, the actual anti-constitutional conspiration and the government’s official abuse of power!? Crimes against its own people, society, every citizen, against the legal and constitutional foundation of the Belarusian statehood?

    Can someone from the mentioned above… answer this simple little question?

Leave a Reply

Your email address will not be published. Required fields are marked *


*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>