Decision # 881 "On mass events in the city of Viciebsk" on July 10, 2009 does, in fact, impossible to realize the rights of the inhabitants of Viciebsk to peaceful assembly. Human rights activist Paul Levinau trying to change the situation. Over the past few months he contacted the Department of justice of the Viciebsk region Executive Committee, twice complained to the Justice Ministry. And now they complained to the court...
The problem with this decision number 881, not only in that it removes a massive event only three sites in sparsely populated areas 370,000th city. The main problem – even in these special places legally hold pickets, rallies and marches impossible. After all, to carry out any actions necessary to obtain permission from the local authorities, and they do not give permission, claiming, according to the decision number 881, to have a service agreement with the service shares of utilities, police and health center. During the six years of the decision number 881 to meet this requirement could not be anyone else.
Citizens who for the past six years trying to make the necessary agreement, made only of what is now on the contracts agree to the utility. But this is not enough. Doctors usually refer to the fact that they have the disease peak and, in general, they do not know whether to have free health care team to serve the action at the right time, so cannot conclude an agreement. The police also say their willingness to conclude an agreement, but only after permission is obtained to carry out the action from the authorities – a vicious circle: the authorities need a treaty to give permission, and law enforcement officers want to first resolve to conclude the contract.
Viciebsk public and political activists have sought, including through the courts, to ensure that the authorities review the decision number 881, but each time they were told that the decision passed due diligence, to comply with the law, therefore, to make any changes to it need not .
Of course, the situation in the city, with the inability of citizens to hold peaceful assemblies because of the decision number 881, cannot disturb the defenders. In March, Paul Levinau turned to the chief of the Main Department of Justice of Viciebsk Regional Executive Committee Sergei Konopelko expressing their disagreement with the conclusion of the body which he heads – in 2009 it made the Justice Department examination for compliance with the decision number 881 legislation.
Having considered the appeal, Mr. Konopelko said human rights activist, was "not a procedure for mandatory re-examination of normative legal acts of the executive and administrative bodies of the baseline."
Disagreeing with the answer, Paul Levinau appealed to the Ministry of Justice. The Ministry recognized the complaint justified and issued a determination to the General Directorate of Justice of the Viciebsk region Executive Committee considering the prescription of proper treatment.
Head of the Department of Justice considered the appeal Levinau again gave this answer: "The results of the binding legal examination of the decision 881 Main Directorate of Justice of the Viciebsk region Executive Committee issued an opinion, which contains a reasoned opinion on the conformity of the decision criteria for assessment of the normative legal act and admissibility its inclusion in the National Register of Legal Acts of the Republic of Belarus. Thus, the decision number 881 corresponds to the international treaties of the Republic of Belarus."
Paul Levinau appealed and this response. But the Ministry of Justice reported that substantive questions raised by them at the head of the Department of Justice, this time has been given a comprehensive answer.
The letter received from the Ministry of Justice, did not satisfy Paul Levinau, and now he has decided to go to court. The human rights activist is asking the court "to recognize the response Chief of Justice of the Viciebsk region Executive Committee Konopelko SP not based on the law in force."
According Levinau, the latter giving the response to his appeal, ignored the fact that the current legislation of the Republic of Belarus is the International Covenant on Civil and Political Rights. To monitor and control the states – parties to the Covenant was established, the UN Committee on Human Rights (CHR), whose competence to receive and consider written complaints of citizens about violation by the state of their rights enumerated in the Covenant recognized Belarus. The decisions of the HRC adopted a number of reports of residents of Viciebsk, Belarus recognized violator of rights of citizens to freedom of expression and peaceful assembly.
"The Committee noted that the Republic of Belarus will take steps that such violations do not recur in the future. The decision of the UN Committee on Human Rights on July 17, 2014 directly stated that the burdensome requirement to conclude agreements with three separate bodies makes illusory right to peaceful assembly, which constitutes a violation of the Republic of Belarus of article 21 of the Covenant. Thus, when the UN Committee on Human Rights in its decisions indicates a mismatch between the provisions of decision number 881 provisions of the international treaty of the Republic of Belarus (Covenant), the answer is Chief of Justice of the Viciebsk region Executive Committee Konopelko S.P. is definitely wrong," – justifies Paul Levinau its position in a statement to the court.
Viciebsk Spring
