Railway District Court of Viciebsk human rights defender Pavel Levinau dismissed the appeal on the steps the deputy head of the district administration Natalya Lepyoshkina, which forbade him to hold a half-hour picket.
We are talking about the next. December 31, 2016 Pavel Levinov in a suit of Santa Claus at the intersection of Lenin Street and Castle intended to congratulate the residents and visitors a Happy 2017 Year and Merry Christmas. The probability that a defender even allowed to picket with innocent intent, almost equal to zero. After the decision of the Viciebsk city executive committee # 881 "On Mass Events in Viciebsk" on July 10, 2009 specific locations for public events have been identified in the city. In addition, according to the decision of the applicant is required to sign a service contract with the respective municipal services for the protection of public order, health care and clean up after the event. And, as practice has shown, since the entry into force of the Executive Committee to fulfill all its requirements until no one could.
Independent experts and human rights activists have repeatedly pointed out that the decision of the city authorities is contrary to the Constitution and the International Covenant on Civil and Political Rights, but the power it did not bother; as they say, and things there.
In 2009 Viciebsk human rights activist has absolutely refused to conduct same picket with absolutely the same intention. So why did he have to once again attack all on the same rake?
The fact that, after going through all steps to challenge the decision of the district administration in the country seven years ago, Pavel Levinau filed a complaint with the United Nations Human Rights Committee. In 2016, the complaint was discussed, and the committee noted in its conclusions that the requirements laid down in the decision of Resolution # 881, are onerous and make illusory the right of citizens to peaceful assembly. Because "the state has failed to give any reasons for that account, why the requirements to enter into contracts with the city services are necessary in the interests of national security or public safety, public order, health or morals, for the protection of the rights and freedoms of others, the committee concluded that the submitted him the facts reveal a violation of the author's rights [Pavel Levinov] under article 19 [the right to freedom of expression] and article 21 [right to peaceful assembly] International Covenant on civil and political rights."
Speaking at the pleadings, Pavel Levinov said that his arguments are unlikely to affect the decision. Human rights activist said that the Constitution guaranteed civil and political values in fact violated. He drew the court's attention to the fact that the Republic of Belarus, declaring itself a democratic and legal state, is obliged to follow voluntarily undertaken obligations under international agreements.
Viciebsk activist was right all his reasoned arguments and provided evidence base, backed by documents, did not affect the decision of the court. Railway District Court of Viciebsk in the person of Judge Svetlana Vorotynskaya ruled expected decision and rejected Pavel Levinau the complaint to the actions of the deputy head of the administration of Railway area of Viciebsk Natalia Lepyoshkina.
Pavel Levinov commented on the court's decision: "The situation has reached absurd: in Belarus grandfathers Frost banned congratulating citizens on the street with the New Year. Now, their actions are in fact subject to the violation of the legislation on administrative responsibility. To avoid this, you need to ask for permission, but the authority does not give permission to do so. Despite the decision of the UN Committee on Human Rights, which is in the actions of the district administration to ban me holding a similar rally in 2009, he found a violation of my rights, in 2016 the situation was repeated. I once again banned exercising their constitutional right, and the court began again on the side of the official organ of the government, regardless of any international obligations of our country, nor the constitution. It turns out that local regulation of Viciebsk regional executive committee above the Constitution and international norms."
S. Horki
