Thus, the human rights activists helped people, but who will help the activist?
Vitsebsk human rights activist Leanid Svetsik has received a reply to his claim lodged with the Constitutional Court of Belarus, saying that having considered the events dating back to 17 July 2009, mentioned in the claim, the Court passed judgment #P-360-2009 ‘On Securing Equal Rights of Citizens in the Labour Sector.’
In its verdict, already registered in the National Register of Legal Acts of the Republic of Belarus, the Constitutional Court accepted the arguments by the human rights activist pertaining to the illegality of the existing discriminative system of employment restrictions, based on age and place of residence Continue reading »

Tags: Constitutional Court, human rights activist, labour legislation, Svetsik

Or how ‘the improper Freedom’ stains the image of ‘the true democracy’ in the Belarusian Constitution…
(in continuation of the conversation on the issues covered in the article ‘The Freedom of Speech… in the International and Belarusian Legal Context’)
While the post-Soviet countries of the European Partnership are starting their trip towards the European Union, Belarus, just like 10-12 years ago, is stagnant and absolute predictable stability in the civil and political area…
However, this time, we will try to analyze but one, purely legal issue and see whether all’s well in our Kingdom, as it is advertized by ‘highly appointed’ or, should we say, ‘highly anointed’ persons of the country…
So, why does the Belarusian Constitution limit the freedom of thought and conscience… and belief (their free individual or public dissemination and distribution), set out in Part 1 of Article 18 of the International Covenant on Civil and Political Rights (ICCPR) as the freedom of thought, conscience and religion, to mere Freedom of religion and the right ‘to profess any religion individually or jointly with others, or to profess none at all, to express and spread beliefs connected with one’s attitude towards religion’ (Article 31)?! Continue reading »

Tags: Constitution, freedom of beliefs, International Covenant on Civil and Political Rights, UN Human Rights Committee

On 27 August 2008 the Electoral Committee of Vitsebsk Electoral District #21 refused to register Aliaksandr Mikulin running for the Parliament. Mr.Mikulin disagreed on the decision, guided by the following reasons:
- Under Article 62-1 of the Belarusian Electoral Code, he applied for registration as a candidate for deputy of the House of Representatives of the National Assembly of the Republic of Belarus, representing the Belarusian Social Democratic Party (Hramada) and its local office on the territory of the constituency.
Continue reading »

Tags: Aliaksandr Mikulin, elections, strategic lawsuits

Anton Yasinovich, together with other persons, was engaged in authorized picketing in Navapolatsk. The picket was aimed at expressing protest against the withdrawal of social preferences by the Belarusian Parliament, as well as conducting a written public inquiry on the decision. The results of the inquiry were sent to the President’s administration and local executive bodies.
However, Anton Yasinovich was accused of violating Article 130-137 of the Electoral Code of Belarus and fined BYR 1,085,000.
The court failed to prove that Yasinovich had breached public order, nor was he charged with undermining national security.
Considering the above-mentioned facts, we believe that the Republic of Belarus has violated his right to free reception and exchange of information, as well as the right to public dissemination of his personal opinion.
Anton Yasinovich has exhausted all the domestic judicial remedies and therefore lodged a complaint with the UN Human Rights Committee, yet to be considered by the authoritative body.

Tags: Navapolatsk, preferences

On 30 October 2007, Siarhei Kavalenka took part in a civil funeral procession outside Vitsebsk. The action was devoted to the victims of Stalin’s repressions in the 1930s-1950s and attended by over 30 members of their families.
The memorial action was to take place at the execution and burial spots of the repressed people, in the villages of Paliai, Varony and Koptsi, Vitsebsk district. The activists were going to install a cross and lay flowers on the place of mass executions. However, they were approached by representatives of the police, with Deputy Chair of Vitsebsk District Police Department Major Lilenka at its head, who named the funeral procession an unauthorized picket and suggested stopping it. Continue reading »

Tags: complaint, memorial action, repressions, Stalin, UN Human Rights Committee

On 30 October 2007, Siarhei Beliazeka took part in a civil funeral procession outside Vitsebsk. The action was devoted to the victims of Stalin’s repressions in the 1930s-1950s and attended by over 30 members of their families.
The memorial action was to take place at the execution and burial spots of the repressed people, in the villages of Paliai, Varony and Koptsi, Vitsebsk district. The activists were going to install a cross and lay flowers on the place of mass executions. However, they were approached by representatives of the police, with Deputy Chair of Vitsebsk District Police Department Major Lilenka at its head, who named the funeral procession an unauthorized picket and suggested stopping it.
Despite the threats, Siarhei Beliazeka, together with his fellow activists, went on with the funeral rites. When the action was over and its participants came back to the bus, Major Lilenka said they all were detained as participants of an unauthorized picket. The activists protested against the arrest, but had to obey the order. Continue reading »

Tags: complaint, memorial action, repressions, Stalin, UN Human Rights Committee

Barys Khamaida was detained on 7 July 2007 (birthday of the People’s Poet of Belarus Yanka Kupala) in downtown Vitsebsk as he was holding a poster with the poet’s verse written on it. He was taken to Vitsebsk Chyhunachny Police Department and charged with violating Article 23.34 of the Civil Code (violating procedures of holding mass actions and pickets). On the same day, Mr.Khamaida’s case was considered by Judge Bardziukova of Vitsebsk Chyhunachny Court. As a result of the trial, the activist was fined BYR 310,000. Continue reading »

Tags: arrest, complaint, Khamaida, UN Human Rights Committee, Vitsebsk

The Commissioner on Religions and Nationalities of the Council of Ministers of the Republic of Belarus (registration authority) issued a written warning # 02-03/720 to the Religious Association Evangelical-Lutheran Church in the Republic of Belarus for violating the Law on Freedom of Conscience and Religious Organizations.
At the same time, the decision by the Commissioner resulted in unfavourable legal consequences for our religious association. Under paragraph 2 Article 37 of the Law on Freedom of Conscience and Religious Organizations, in case the violations are not corrected or occur again within a year, the registration authority has a right to initiate the organization’s judicial dissolution. Moreover, the registration authority has a right to suspend the activities of the religious organization awaiting results of trial. Continue reading »

Tags: complaints, Evangelical-Lutheran Church, freedom of association, freedom of conscience, Freedom of religion, UN Human Rights Committee

Alena Zaleskaya was detained by the police and taken to Vitsebsk Kastrychnitski police department, where she was charged with violating Article 167-1 of the Belarusian Civil Code (‘violating the procedures of organizing and holding mass actions’). The case was considered by Judge Valiantsina Mikhasiova of Vitsebsk Kastrychnitski Court, who fined the woman BYR 620,000. Continue reading »

Tags: complaints, UN Human Rights Committee

On 16 December Aliaksei Lapitski, human rights activists from Zhodzina, finally received a reply to his claim to the House of Representatives of the National Assembly of the Republic of Belarus #04-04/307 of 11 November, 2008, signed by M.Samaseika. (see attached materials)

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Tags: Constitutional Court, Parliament