The UN Human Rights Committee found that the Belarusian government ban on the picket violated the rights of Valery Misnikova to distribute all kinds of information and ideas. According to the decision of the Committee, Belarus should review its legislation and to pay compensation for the Viciebsk human rights activist.
I
n autumn 2009, Valery Misnikov addressed in Viciebsk city executive committee with the request to organize a picket in honor of the anniversary of the Universal Declaration of Human Rights. It was assumed that the rally will feature performances of human rights and calls for the state to provide every citizen with the opportunity to exercise their civil and political rights. Valery Misnikov took the responsibility to ensure the provision of care and cleanliness of the venue. He also ensured that the rally will not cause disruption of public order and security and an obstacle to the movement of pedestrians.
Viciebsk authorities rejected an application by Valery Misnikova as the place for the rally, proposed by the applicant, is not among those that are allowed to hold mass actions Viciebsk City Executive Committee decision number 881 of July 10, 2009, "On Mass Events in Viciebsk". Also Valery Misnikov not provided agreements with the police, health and public services, which would confirm that the public order will be provided in connection with the rally, health care and cleaning of the territory.
Valery Misnikov did not agree with the decision of the Viciebsk City Executive Committee and appealed it in court. Human rights activist passed all instances, from the district and ending with the Supreme Court. But his complaint was not satisfied. The decisions of all courts referred to the requirements of decision number 881, which is supposedly based on the Law "On Mass Events in the Republic of Belarus" dated December 30, 1997.
Having exhausted domestic remedies, Valery Misnikov appealed to the UN Human Rights Committee complained that the ban on a picket and public expression of Belarus had violated his rights.
Having considered the arguments of the appellant and the objections of the official representatives of Belarus, according to which an appeal Valery Misnikova is unacceptable, since it, among other things, has not filed a supervisory appeal to the prosecutor, the Committee concluded that human rights violations did occur. According to the HRC, the Belarusian authorities violated the right Valeria Misnikova impart information and ideas (in accordance with paragraph 2 of article 19 of the Covenant on Civil and Political Rights).
According to paragraph 3 of Article 19 of the same document, allowed some limitations that should strictly meet the criteria of necessity and commensurability. The Committee believes that the requirement of local authorities Viciebsk pickets only in certain places, and to enter into agreements with several government agencies specified criteria does not match, though, and is based on national legislation.
By the decision of the UN Human Rights Committee, the Belarusian state is obliged to ensure Valery Misnikov an effective remedy and to pay him appropriate compensation. Also, to prevent similar violations in the future of Belarus proposed to review its legislation, in particular the decision of the Viciebsk city executive committee number 881 and the Law "On Mass Events" from 30 December 1997.
Catherine Zahorskaya
