2009 28/04

Мікулін АляксандрOn 27 August 2008 the Electoral Committee of Vitsebsk Electoral District #21 refused to register Aliaksandr Mikulin running for the Parliament. Mr.Mikulin disagreed on the decision, guided by the following reasons:
- Under Article 62-1 of the Belarusian Electoral Code, he applied for registration as a candidate for deputy of the House of Representatives of the National Assembly of the Republic of Belarus, representing the Belarusian Social Democratic Party (Hramada) and its local office on the territory of the constituency.
- The BSDP has a number of registered offices in Vitsebsk, acting under the Party’s Charter and the Law on Political Parties.
- One of the essential objectives of the Party is participating in general elections – a fundamental right guaranteed by the Belarusian Constitution.
- Vitsebsk Department of Justice’s and Constituency Electoral Committee’s referring to the absence of the BSDP’s office within the constituency is not accurate.
Therefore, Mr.Mikulin considers the denial groundless.
The signature sheets, submitted by the candidate, meet the requirements of Article 61 of the Electoral Code. However, the Committee failed to present its grounds for finding the sheets fraud.
The decision by the Constituency Electoral Committee of Vitsebsk Constituency #21 was appealed at the Central Electoral Committee, which turned down Mr.Mikulin’s complaint.
Making use of his legitimate right in due time, Mr.Mikulin appealed the decision by the Central Electoral Committee at the Supreme Court. However, the Supreme Court turned down his complaint, too.
Bearing in mind the practice indicating to the inefficiency of using cassation appeals as a means of protecting one’s rights, Mr.Mikulin addressed Chair of the Supreme Court V.Sukala with a complaint against the verdicts by the inferior authorities. In his reply, Deputy Chair of the Supreme Court V.Vyshkevich stated that there was no violation of the law in the verdict by the Supreme Court.
Considering the fact that the Republic of Belarus undertook a number of commitments, by signing and ratifying the international treaties in the field of fundamental rights and freedoms, including the right to free participation in elections as a candidate for deputy of representative bodies, as well as taking part in the government of the state, we believe that the Belarusian authorities illegally deprived Mr.Mikulin of his right to run in the parliamentary elections. The BSDP being in opposition to the existing political regime, we consider the refusal a politically-motivated discrimination.
Having exhausted all domestic remedies, Mr.Mikulin has drawn up a complaint to the UN Human Rights Committee, which is yet to be considered.

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