The UN Committee on Human Rights has taken a decision on the complaint of the CCP BPF activist Sergei Kovalenko. This time the decision is positive: the committee recognized that the Republic of Belarus had violated the rights activist, and now for 180 days government officials are obliged to restore his rights have been violated, to pay appropriate compensation and to take action to such violations of human rights by the state was not in the future.

The Committee recognized that the Belarusian authorities have violated Paragraph 2 of Article 19 (right to an opinion) and Article 21 (the right to peaceful assembly) of the International Covenant on Civil and Political Rights, which the Republic of Belarus has signed and pledged to carry out. Such a finding of a violation of his rights by the United Nations Institute for Sergei Kovalenko had expected more than 5 years ( to the HRC complaint was filed by him in May 2008 ), and actual events that had led to the complaint occurred six years ago - at the Forefathers Eve 2007.

Then Sergei Kovalenko was involved in a number of shares of democratic activists. One of such actions - A memorial service for the victims of Stalinist repression was carried out on the site of mass executions in 1930-1940-ies in the village Polei. At the memorial service was attended by about three dozen people.

Participants in the ceremony in memory of the innocent victims of communism were planning to establish a cross in the woods near the field, and after visiting the cemetery in the vicinity of the villages Copts Ravens. But the cemetery have not reached: intervened Lilenko police major who interrupted a memorial service and announced that all of us linger in connection with their unauthorized picketing.

On the bus, hired by the organizers of the event, all were taken to the police department of Vitebsk region, were drawn up, and the next day the court, which fined five participants, including Sergei Kovalenko, he was sentenced to a fine of 20 basic units - at that time it was 620,000 rubles (about 200 euros at the then exchange rate).

Sergei Kovalenko appealed the judgment of Vitebsk region. But neither the Vitebsk Oblast, neither the Supreme Court did not hear his argument that he was not among the organizers and was the only participant in the event that the event itself - civil funeral - it's not picketing, and Christian ritual, the participants did not arrange a funeral policy, social or economic events, so apply for a permit to carry it out to the authorities was not necessary. According to Belarusian judges, Sergei Kovalenko rights have not been violated...

But now, the UN Committee on Human Rights adopted a different solution. In his position on the case, published a few days ago, the committee notes that the right to freedom of expression and the right to peaceful assembly, indeed, may be limited in some cases, if such limitations are prescribed by law and are necessary in a democratic society for the protection of national security or public order, health or moral habits of the population, and the protection of the rights of others.

In the case of Sergei Kovalenko, the state has failed to prove that the restriction of his rights, even though they are provided by law, have been used to achieve these goals. Therefore, according to the expert opinion of the committee, its right to freedom of expression and the right to peaceful assembly were restricted unnecessarily.

Recall six months ago, the UN Committee on Human Rights was considered another case of Sergei Kovalenko, who came to bring him to justice for hanging out a white-red -white flag on the top of the Christmas tree in January 2010. Then, the HRC could not answer whether the violation of the rights of the CCP BPF activist, and his appeal to the committee was described as "inadmissible under article 2 of the Optional Protocol."