Homel: member of constituency commission complains to Chairperson of Central Election Commission about non-democratic election of the commission administration

2010 2010-02-12T18:59:20+0200 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Leanid Sudalenka, member of the Uladzimirskaya constituency election commission #11 on elections to the Homel oblast Soviet of Deputies, addressed Lidziya Yarmoshyna, Chairperson of the Central Election Commission, concerning the non-democratic election of Chariperson, Deputy Chairperson and Secretary of his commission.

In his address Mr. Sudalenka expressed disagreement with the order of summoning the first organizational sitting of the commission and its decision concerning the election of Chairperson, Deputy Chairperson and Secretary, and explained that according to Article 11, part 3 of the Election Code, commissions aren’t bound with decisions of political parties and civil associations and are independent from the state authorities during preparation to and holding of elections. Article 34, part 4 provides that state officials cannot constitute more than 1/3rd of an election commission.

According to Sudalenka’s information, the first sitting of his commission was summoned on 9 February by the Savetski district executive committee, whereas it was to have been summoned by the organs that had established the commission, the Homel oblast executive committee and the Presidium of the Homel oblast Soviet of Deputies. Passing this function to the Savetski district executive committee contradicts to provisions of Article 37, part 1 of the Election Code.

This violation entangled other violations. In particular, having summoned the sitting, Mikalai Maly, the first Deputy Chairperson of the Savetski DEC, proposed the candidacy of another state official for the position of the commission Chairperson, which violates the principle of independence of election commissions from state organs.

To prevent the law violation, Mr. Sudalenka proposed himself to the position of the commission Chairperson. Later he also proposed his candidacy to the positions of Deputy Chairperson and Secretary. However, he wasn’t elected to any of these positions. He thinks that the real reason for it is that all members of the commission have some kind of professional dependence on the Deputy Chairman of the Savetski DEC and therefore couldn’t oppose the candidacy that was proposed by him.

Sudalenka proves that the elected Chairperson is also a state official. All members of the commission but Sudalenka voted for the candidacies of the state officials to the positions of Deputy Chairperson and Secretary, proposed by Chairperson.

As far as the places of work of the commission haven’t been announced, the question about the number of state officials in the commissions remains unanswered.

Taking into account the aforementioned facts, Leanid Sudalenka asked the CEC Chairperson to abolish the decision of the Uladzimirskaya constituency election commission #11 concerning the election of Chairperson, Deputy Chairperson and Secretary and oblige the state organs that established the commission, to summon a new sitting for electing Chairperson, Deputy Chairperson and Secretary in line with the legal requirements.

Human Rights Defenders for Free Elections

слухаць Радыё рацыя Міжнародная федэрацыя правоў чалавека Беларуская Інтэрнэт-Бібліятэка КАМУНІКАТ Грамадзкі вэб-архіў ВЫТОКІ Антидискриминационный центр АДЦ 'Мемориал' Prava-BY.info Беларускі Праўны Партал Межрегиональная правозащитная группа - Воронеж/Черноземье
Московская Хельсинкская группа
Молодежное Правозащитное Движение
amnesty international