CCP BPF Party activist Jan Dzyarzhautsau could not convince the Vitebsk city executive committee to amend the decision of 10 July 2009 № 881 "On mass events in Vitebsk", which, according to the opposition, contrary to the provisions of the Council of Ministers on March 5, 2012 number 207.
Mr. Jan is one of the few politicians of Vitebsk, which seeks to realize their political ambitions by organizing and holding public events. Over the past 7 years in various executive authorities Dzyarzhautsau and his party comrades were filed more than a hundred applications for holding pickets, rallies and marches in Vitebsk. However, the deputy of the city administration and the city executive committee from time to time in the conduct of policy deny events. Thus officials violate the right of Jan and other party members of the CCP BPF to public protest.
Normative act referenced officials, banning the opposition to hold mass events, was and remains a decision of the executive committee №881. This decision not only limits the applicants' mass actions in the selection of the venue, but also obliges them to conclude agreements with three organizations of the city: police, community services and clinics. If applicants do not provide the authorities with the application of all necessary contracts, official bans mass event.
Dzyarzhautsau as bold and a man of principle and policy coherence, has made repeated attempts to defend their rights and legitimate interests and refusal to hold mass actions are not just handed to the heads of local executive complaints to the courts. But Vitebsk courts, which are directly dependent on the executive power vertical, denied oppositionists in rehabilitating their political rights.
Desperate, Mr. Jan repeatedly held pickets without permission from the authorities – in contravention of applicable law. What, by the courts, subjected to fines or imprisonment.
However, policies do not give up. In May this year he appealed not only to the city executive committee, but also in local and regional prosecutor's office.
However, another attempt to alter the decisions City Council failed. From the response of the ideological department of the Vitebsk city executive committee member of the opposition it is clear that the decision №881 not contradict the legislation of the Republic of Belarus.
A Vitebsk regional prosecutor's office said to Mr. Jan that the decision is not contrary to the executive committee №881 Decree of the Council of Ministers on March 5, 2012 № 207. It follows that the mass gathering in Vitebsk without the participation of the authorities should enforce the decision №881, which means – you need to enter into agreements with the police, community services and urban health center. In other words, all the regional prosecutor's office has returned to the starting point. Now, the opposition politician is going to go to a new, higher level – the capital to complain to officials.
The situation with the decision of the Executive Committee №881 Vitebsk human rights activist Leonid Svetik commented: "Based on the theory of law, article 35 of the Constitution declares the right to peaceful assembly. This right is guaranteed by the current legislation. However, in practice, residents of Vitebsk that right cannot be realized, as illustrated by Mr. Dzyarzhautsau."
"If we follow the requirements of international treaties that under Article 8 of the Constitution recognized the priority, the state must promote the realization of the rights and legitimate interests of citizens who are in its territory and under its jurisdiction. So it would be logical if the Vitebsk authorities began to actively promote the citizens in the conduct of public events. For example, if the heads of regional administrations and city executive committee by direct reference to the heads of the police obliged, utilities and medical institutions of the city to enter into agreements with the applicants rallies. Then the decision to the executive committee №881 was not an obstacle in the realization of the right to peaceful assembly in Vitebsk, and act to promote the development of civil society and the political system of the country", – Leonid Svetik said.
Vitebsk Spring
