Supreme Court refuses to hear appeal of former candidate for Parliament Ihar Sluchak
The Supreme Court
refused to hear the appeal of former candidate for Parliament Ihar Sluchak against
a CEC’s decree due to the "absence of the applicant’s right to appeal to
Supreme Court explained that the opportunity to appeal decisions of the CEC is
not provided by the Electoral Code.
Ihar Sluchak, former candidate in Homel-based constituency No. 34, challenged the election results in the district. He urged the Court to cancel the decision of the CEC of October 5 to dismiss a complaint calling for recalculation of votes in the constituency. The former candidate also asked the Supreme Court to order a recount in the district. In his complaint, the applicant listed the facts indicating that the voter turnout was overstated by half.
Ihar Sluchak was aware that the Electoral Code does not provide for the candidate’s right to challenge the election results in court. "However, I filed such a complaint on the basis of the rules laid down in the Constitution, and the standards are higher than the laws," says the applicant.
"The Supreme Court reasoned its refusal to open a case on my complaint by the fact that such a possibility is not provided by the Electoral Code. These findings cannot be accepted, since Article 60 of the Constitution tells us that everyone is guaranteed the protection of his rights by the court. Therefore, the possibility of appealing is enshrined in the Act of higher force – the Constitution. Therefore, we have here denial of justice, violating both the Constitution and the International Covenant on Civil and Political Rights, ratified by Belarus," says the former candidate.
He adds that "the majority of citizens and the entire civilized international community have no illusions concerning the elections in Belarus." "But appealing election results in my constituency revealed a number of gaps that we have in our electoral law. First, it is the impossibility of transparent vote count, owing to the absence of which I was forced to ask for a recount of votes cast in the constituency, and, secondly, the inability of candidates to challenge in court decisions of the CEC. The Electoral Code needs to be changed; I hope the issues raised will be resolved positively, and we are going to meet the local elections in 2014 with an improved electoral law," says Ihar Sluchak.