Court confirms that ruling of Vitsebsk City Executive Committee is unimplementable

2013 2013-03-15T22:23:56+0300 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

Vitsebsk activists were again trying to implement the ruling of Vitsebsk City Executive Committee "On holding mass events in Vitsebsk", according to which the organizers of mass events had to conclude service agreements with the public utilities, police and the central polyclinic.

However, these institutions refuse to conclude such agreements with opposition activists. Kastrychnitski District Court in Vitsebsk confirmed their right to evade from concluding such agreements.

Judge of Kastrychnitski District Court Ihar Rymsha turned down the appeal of Khrystafor Zhaliapau, head of the regional branch of "For Freedom" movement, against the refusal of the polyclinic to conclude an agreement for serving the action he intended to hold on 25 March.

The chief physician explained his refusal with the business of doctors due to a "seasonal peak of illnesses".

The trial lasted for two days. On 14 March the court stated that the state institutions had the right not to agree to conclude service agreements with civil and political activists was the right of the administrations.

"And what about our rights guaranteed by Article 35 of the Constitution, the right to hold peaceful assemblies? It means that the city executive committee demands that we conclude such agreements, and the state institutions are not obliged to do it. We are obliged to do it, whereas they are not. The court decided that one cannot demand from the institutions the implementation of the ruling of the executive committee as it was not written there that they were obliged to conclude such agreements. Thus, it is the ruling of the city administration which was composed in the wrong way," sums up Khrystafor Zhaliapau.

Civil activists have already demanded that changes be introduced in ruling #881 of Vitsebsk City Executive Committee. However, the executive committee answered that this document passed the legal expertise and was introduced into the register of state acts, which meant that there were no shortcomings in it. Now the activists intend to collect documents witnessing violation of their rights and apply to the UN Human Rights Committee.