October Vitebsk district court dismissed the two activists , who wanted the court to force the city's central clinic to sign a contract for medical services to participants in the celebration of Freedom Day . But the court did not agree to admit that the ban imposed on the rally with disabilities - as the relevant decision of the Executive Committee and the Belarusian legislation .
The case, which two days sorting out the October District Court Judge Elena Popkov concerned the ban on a march and rally Vitebsk . These actions are planned in solidarity with the doctor Igor Postnova forcibly placed on psychiatric treatment . The coordinator of the movement " For Freedom" of Vitebsk region, Christopher Zhelyapau and activist organizing committee of the Social Democratic Party "Narodnaya Hramada " Alex Gavrutikov gathered to discuss the problem with the countrymen of non- medical use of psychiatric institutions against those who criticize the government.
The activists refused. In a letter signed by the deputy chairman of the executive committee Vladimir Shlomo reported reasons for the ban , saying that they did not comply with city hall set out in the decision № 881 "On mass events in the city of Vitebsk ." In particular , they do not enclose a copy of the contracts with utilities, police and medics .
In addition, Mr. Shlomo reported that just 28 September at the Park of Culture and Rest railroad planned another event - a holiday for young people "Together we - great strength ." As for the marches , the City Council is also violated its own decision , explains the lawyer Alexei Gavrutikov :
" The decision of City Council number 881 march is not mentioned at all . Accordingly , the action of the solutions for this type of activities and should not apply ! But Mr. Shlomo did not give an explanation to the court - twice failed to appear on the process. A representative of the ideology department Irina Puchkov said the decision City Council lies in one line with the law on mass events , but because the default applies to any action. However, she persistently emphasized that the decision was legal expertise and therefore perfect . Although we have proven to the court that it is contrary to applicable law . "
The contradiction in the fact that the law on mass events is said about how to apply . A Vitebsk city executive committee of his " perfected " - required to enter into contracts for services, event even before the decision will be made whether to allow or ban. And so the City Council can not fulfill the requirements , continues Alexey Gavrutikov :
"We showed the court the answers from the police . It is said that the contracts with us will conclude only after permission is obtained from the executive. Since the law requires. And the decision of the Provincial Department of Ministry of Internal Affairs Executive Committee does not even mention ! It turns out that it is also disturbing. Although Mrs. Puchkova emphasized in court that it is necessary to carry out all the named entities . "
The judge ruled that the ban activists passed without violations. And do not agree to the proposal to recommend City Executive activists bring its decision in accordance with applicable law.
"The decision of the executive committee " wedged " between the law and the citizen , who must carry it out. Because of this we can not do under the law and can not exercise their right to organize and carry out mass actions. With us, just do not sign contracts until there is no resolution of the executive committee . And there do not give permission without contracts. Pushing us to the fact that we held the shares without the approval of the authorities? The only way to understand the persistence Executive Committee, which does not agree to change your mind , so that people can exercise their constitutional rights , "- says Christopher Zhelyapau .
Since the 2009 Vitebsk city executive committee made its decision number 881 , in Vitebsk was not allowed to have any shares on the initiative of pro-democracy activists .
