Soviet of the Republic: Article 193-1 “protects universally accepted human rights and fundamental freedoms”
The Soviet of the Republic sees no need
to initiate the abolishment of Article 193-1 of the Criminal Code of the Republic of Belarus, which penalizes activities on
behalf of organizations that are not registered with the state.
The coordinator of the campaign “Right to Faith” Aliaksei
Shein and a leader of the Assembly of pro-democratic NGOs of Belarus Siarhei
Lisichonak were informed about by the Soviet's response to their application.
“Article 193-1 of the Criminal Code of the Republic of Belarus,
together with other norms of the Law, is a legal means of struggle against
crimes which violate constitutional rights and freedoms of citizens and law and
order in the society. According to our opinion, it protects the universally
accepted human rights and fundamental freedoms and doesn't violate
international standards in the sphere of human rights,” reads the letter,
signed by the deputy head of the Regular Commission on Legislation and
State-Building L.Maroz. That's why the Soviet of the Republic sees no need to
initiate the abolishment of this article.
The deputy head of the Human Rights Center “Viasna” Valiantsin Stefanovich
totally disagrees with members of the Soviet of the Republic: “The construction
of Article 191-3 of the Criminal Code of the Republic of Belarus contradicts to
the Constitution of the Republic of Belarus, the International Covenant on
Civil and Political Rights and other undertakings of the Republic of Belarus
within the framework of the OSCE. The article provides criminal responsibility
for any activities on behalf of unregistered organizations. Meanwhile, both the
Constitution and the Covenant contain draw the list of the admissible
restrictions of the right to association (for securing public or state safety,
public order and health, etc.). The restrictions prescribed by Article 193-1
would be admissible if it prohibited organizations aiming at war propaganda,
violence, extremist activities, etc. However, as far as it penalizes activities
of all kinds of organizations, such restrictions violate the freedom of
association, guaranteed by the Constitution and the Covenant.”
Mr. Stefanovich also reminds about the last year's conclusion of the Venice
Commission concerning Article 193-1, where it is stated that the article
violates the International Covenant on Civil and Political Rights and is a
possible instrument for sanctioning civil activities which gives the
authorities wide powers to interfere with the fundamental right to freedom of
association, freedom of opinion and expression.
Moreover, as emphasized by Valiantsin Stefanovich, different representatives of
the Belarusian authorities have many times stated their readiness to abolish
Article 193-1. However, now the Soviet of the Republic takes a different
position.
