At the disposal of our editorial board was correspondence between the House of Representatives of Belarus of the National Assembly on Viciebsk-Chkalovsky constituency №18 and one of his constituents. Subject correspondence: implementation by the Republic of Belarus of the UN HRC decisions. MP Mikhail Volkov. Voter: activist Paul Levinau...
In the first appeals voter - representative of the Republican human rights public association "Belarusian Helsinki Committee" in Viciebsk city and Viciebsk region asking people's choice to give a legal assessment of the inaction of government authorities is ignoring the decision of the UN Committee on Human Rights in relation to him as a voter.
In a letter to the deputy of the human rights activist said that, according to the decision of the committee on July 19, 2012, Belarus has been recognized infringer it (as a voter) rights that are guaranteed by paragraph 2 of Article 19 of the International Covenant on Civil on Political Rights (ICCPR) as well as representatives of the country's authorities have banned pickets, where he was going as a voter to express their views on various issues.
In accordance with the decision of the HRC, the state is obliged to provide Paul Levinau effective remedy, including compensation and reimbursement of legal expenses paid. In addition, the Committee made a proposal to Belarus for the revision of the legislation on the organization and conduct of mass actions, that it finally met the requirements of article 19 of the Covenant. Also, our country must ensure non-repetition of such violations in the future. It is noted that the response with respect to the measures taken under this decision, the Committee wishes to receive from the Belarusian side for 180 days.
It has been the same as the statement says human rights activist to the deputy, a lot more time, but none of the named done.
The official response of the deputy Pavel Levinau says: "I inform you that to make any conclusions in your treatment is not possible, because it has not accompanied by a copy of the decision and there is no indication of its details."
Moreover, in response it draws attention to the fact that our republic recognizes the competence of the Human Rights Committee, but the decisions taken by them to individual applications, are advisory in nature and are not legally binding on Belarus.
In a further appeal to the deputy Paul Levinau asked to take urgent measures with regards to ensuring the rights, freedoms and legitimate interests of voters, making a proposal for cancellation of the decision Viciebsk City Executive Committee "On Mass Events in Viciebsk" on July 10, 2009. The reason - the decision does not comply with the ICCPR, which is part of the current legislation in Belarus and to be enforceable.
The voter-rights activist writes about state values ??and lists human rights and freedoms, guaranteed by the Constitution of the Republic of Belarus. Notes also that, in accordance with Article 8 of the Basic Law - the Constitution, Belarus recognizes the primacy of generally recognized norms of the global rights (ICCPR), and ensures compliance of the law. In Belarus, the legal effect of the ICCPR began in March 1976.
In his address to the deputy Paul Levinau indicates that under article 19 of the Covenant to everyone entitled to express their views freely. The use of this right may be restricted only in certain designated article, cases (for the sake of respect for the rights or reputations of others, protection of state security, public order, health or morals of the citizens).
Human rights activist draws the attention of the deputy and to Article 21 of the ICCPR, which recognizes the right to peaceful assembly. The use of this right is not limited by anything except the restrictions applied in accordance with the law and necessary in a democratic society for the protection of public security or public safety, public order, health or morals, rights and freedoms of others.
Paul Levinau refers not only to international law, but also in the Law "On Mass Events", which states (Article 9) that hold public events can be in any suitable places. The decision of the Viciebsk city executive committee of 10 July 2009 on the events is that the city can only be carried out in three areas, ie, only they are called suitable for such events.
In addition, in accordance with the law "On normative legal acts of the Republic of Belarus", the country recognizes the priority of the principles of the world of law, which are universally recognized; Belarusian legislation must comply with these principles. Consequently, the Covenant norms must necessarily apply. Also in circulation it is said that the Covenant has a higher legal force.
Voter stresses that its decisions of the UN Human Rights Committee has recognized our state violator of freedom of the citizens' right of expression and peaceful assembly.
A deputy Mikhail Volkov, in principle, was predictable. It is reported that this appeal forwarded to the Viciebsk Oblast Executive Committee.
With regard to information on parliamentary activities of Mr Volkov, as well as Paul asked Levin, said in response that all the information available in the media and on the website of the House of Representatives of the National Assembly. Wishing to inform the voter personally deputy is taken into consideration.
As you can see, it has a long history. And when it will end - it is still unknown. It is not clear, and then what will be the final. Levinau should give more executive committee, and in what way the situation will develop further - to make a forecast difficult. Indeed, despite the formal recognition of the priority of Belarus accepted international principles and the need for compulsion of their performance, power to a deputy's face says something else: about the alleged advisory in nature making an international organization such as the UN Human Rights Committee.
As for the deputy Volkov, probably, turned to him, a human rights activist Levinau still hoped for more detailed answers. No wonder that one of the appeals voter-rights activist refers to the law "On status of deputy of the House of Representatives, the Council of Republic of the National Assembly members", according to which the deputy is taking action to ensure the rights, freedoms and legitimate interests of their constituents, proposing measures to improve the legislation in certain areas public relations, etc.
