Letter of refusal to oblige the central city clinic carry out the decision of the Executive Committee, whose leadership refuses to enter into contracts for services shares, received the regional coordinator of the movement "For Freedom" Christopher Zhelyapau.
Referring to the Supreme Court, Zhelyapau once again tried to solve the problem of sore Vitebsk: the district administration for nearly five years are prohibited from conducting any action initiated by local activists. Officials referred to the decision of the Vitebsk City Executive Committee, which governs the procedure for applying for permission. According to this decision, together with the application proponents must submit a service contract employee stock housing, the central city clinic and the police. However, the central clinic to conclude such a contract is not agreed to never, and that became the reason for the repeated prohibitions.
Last year, Vitebsk activists appealed to the October district court, so as to make management clinics perform prescribed in the decision City Council order. But March 15, 2013 the court refused to make a decision in favor of Christopher Zhelyapova. According to the court, health administration to impel the conclusion of a service contract action is impossible, saying that this structure is free to decide whether it wants to enter into a contract or not. And the procedure provided for the decision of Vitebsk city executive committee №881 "On Mass Events in Vitebsk", therefore, is required only for applicants: it must enter into contracts for the service of the shares. A second party, by the court, is not obliged to accept it.
Challenge the decision of October district court failed in the regional court. And now, the right to peaceful assembly and public expression is not supported by the Supreme Court.
Coordinator of the movement "For Freedom" in the Vitebsk region Zhelyapau Christopher emphasizes that the possibility of violations of the rights of local people embedded in the document itself - the very decision to City Council, which is impossible:
"Run the requirement for contracts impossible. Agrees to cooperate with us only enterprise utilities. As for the central city clinic, they do not just refuse, and come up with some dubious reasons. Example, on the eve of the shares on Freedom Day, after the ban which we have addressed in court, there was the likelihood of outbreaks of seasonal diseases. So we were told from the clinic - said that they expected a lot of work is March 25. and in a letter from the Supreme Court and added another explanation. turns out, we all know that in the list of paid services provider can provide public service events not included. So what Vitebsk city executive committee directs citizens to enter into contracts that are contrary to the legislation - the Law of the Republic of Belarus "on Health Care?" It says about paid services, but one which forced us to order, in nature there!"
Vitebsk activists have repeatedly demanded that the impossible decision of City Council has been changed. But it's always been refused - citing the fact that the decision №881 "On Mass Events in Vitebsk" has passed legal review, and, accordingly, is flawless in terms of legislation.
Following the model of the decision local authorities in the regions of the Vitebsk region set up their own, and now throughout the Vitebsk region mass actions by citizens became impossible.
Viasna Human Rights Center
