Baranavichy: Siarhei Housha applies to UN Human Rights Committee

2013 2013-03-06T16:53:24+0300 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”
Siarhei Housha

Siarhei Housha

On 5 March Mr. Housha applied to the United Nations Human Rights Committee to inform it about the following situation.

The applicant is a member of the Human Rights Center "Viasna", groundlessly dissolved on a verdict of the Supreme Court of the Republic of Belarus on 28 October 2003. Mr. Housha was among then ten members of "Viasna" who had appealed at the Committee the violation of their rights to association. Having considered their appeal, the Committee concluded that the Republic of Belarus violated the right to association of Siarhei Housha and other applicants, and recommended the Republic of Belarus to re-register the Human Rights Center "Viasna" and pay a financial compensation to them.

Being guided by the Committee's decision, Siarhei Housha and other applicants applied to the Ministry of Justice once in 2007 and twice in 2009 with petitions to renew the registration of the HRC "Viasna", but to on avail.

Due to such circumstances, on 26 September 2009 Mr. Housha applied to the Ministry of Foreign Affairs on the basis of Article 25 of the Law "On International Treaties of the Republic of Belarus", asking to facilitate the restoration of his infringed right. The Ministry of Foreign Affairs is the institution which is responsible for supervision over the implementation of international treaties by Belarus. However, in its letter of 20 October 2009 the MFA answered that the implementation of Opinions of the UN Human Rights Committee was within the competence of the court system.

Taking into account this recommendation of the Ministry, human rights defender Siarhei Housha applied first to Maskouski District Court of Minsk and then – to Minsk City Court and the Supreme Court, claiming a compensation from the Ministry of Finances. However, all courts refused to consider his lawsuits as it was "beyond their powers".

In his latest appeal to the Committee Mr. Housha explains that he has been deprived of the right to fair trial which is a violation of the Belarusian legislation and the International Covenant on Civil and Political Rights.

Thus, civil activist Siarhei Housha depleted all remedies at the national level in his attempts to protect the right to association, guaranteed by Article 36 of the Constitution.

That's why he asks the UN Human Rights Committee to recognize him as a victim of violation of the right to fair trial guaranteed by Article 14 (1) of ICCPR, and to recommend Belarus to take the measures which would be sufficient for the implementation of the rights, indicated in the International Covenant on Civil and Political Rigths.