Orsha activists Yury Nagorno Evgeny Onishchenko and tried in court impel police clinic and municipal enterprise " Spetsavtobaza " conclude a service contract picket. But on February 12 the judge refused Olesya Kotova activists - supported the representatives of the responsible services in their unwillingness to cooperate with the opposition.
According to the court decision, doctors, police officers and employees " Spetsavtobaza " can not impel to conclude treaties as this - non-profit organizations.
"Meanwhile, there is a solution executive committee № 74" On some issues of organization of mass events in Orsha, " which explicitly states: applicants must share with the application to provide copies of the contracts for service. Also listed structure, which should agree: the police department, clinic number 1 and the utility " Spetsavtobaza." we went to court after receiving denials from there, which was the reason for the ban on the issue of emergency picket bridge across the Dnieper River on October 30 last year. Now we asked the court to these structures constrained to conclude a contract with us on new date - March 29. However, these organizations unanimously declared in court that agree with us will not be in any case, "- said the activist movement" For Freedom " Yuri Nagorny.
Representative " Spetsavtobaza " has not appeared: there sent an official letter that asked the court to look into the situation without their participation. The representative of the police throughout the court session was silent, saying only at the beginning, it does not recognize the claims of the applicant. Did not wish to speak to any representative of the clinic or representative executive committee. Judge Oles Kotova voiced their position on the documents of the case.
"The police say they do not enter into a contract with us, as we do not have permission for the rally from rayvakankamu. District executive committee does not permit detention without contract. Policemen said that may not agree with us on any particular date, as they say, do not know whether they have the day free to employees. 's no way to reach a consensus with us, they do not see. Representatives clinic said that the list of types of commercial activity is no such item, the service of mass actions. And so they also with us can not sign contracts. According to a letter from the communal life, they generally can not do what we ask: enterprise " Spetsavtobaza " referred to in the decision of the executive committee, the cleaning of urban areas is not involved at all, but only garbage disposal. Besides same, and those and others, and others said they would never have entered into contracts with individuals, and make it unable to, "- said a supporter of the creation of the BCD Evgeny Onishchenko.
But representatives of the clinic felt it necessary to comment on the writing essentially shares that do not allow Orsha activists. In a letter to physicians said that they consider inappropriate to hold a picket on the issue of emergency bridge across the Dnieper. October 30 it was still moving trucks, and now traffic is prohibited. And they believe that the problem no longer exists. And what on Leaky bridge closed for repairs, forced to move people in the clinic is not considered relevant to the question of the city.
Courts about the ban on the picket bridge lasted for almost 2 months. First, activists tried to challenge the ban itself. But the judge was not satisfied Olesya Kotova their complaint, citing the fact that the conditions of the executive committee decision regarding conclusion of contracts are not fulfilled, and therefore prohibited by law. But she also offered to write another statement - against the decision referred to in the City Council services who refuse to conclude a contract. Activists agreed, paying court costs - and lost.
It is necessary to file an appeal to the Regional Court, Onishchenko said Eugene: "The position of the court was strange. First we supposedly suggested solution to the problem, and then the very same judge Olesya Kotova recognized that this way deadlock. Executive Committee decision and remains unenforceable. At trial, representatives of all three structures revealed to us made it clear that they will sign the contracts to avoid at all costs. After all know - without this action we would never be allowed. "
And Yuri Nagorny remembered the words of Kastus Kalinouski: "It is necessary that the people was not for the power and authority to the people. And it is necessary that the Constitution was held in high esteem, the basic law, which guarantees us the opportunity to take advantage of our civil rights. But this trial demonstrated a very different - what is more important for the Constitution Orsha officials their own decisions, and for officials - internal regulations and price lists, because of the imperfections which we can not exercise their right to freedom of assembly and freedom of expression. "
Viasna Human Rigths Center
