Constitutional Court upholds the proposal of the Baranavichy human rights defender
Constitutional Court of the Republic of Belarus supported the
Baranavichy human rights activist Siarhei Housha. This was stated in
a letter signed by the head of the secretariat A. Karavai, which the
activist received by mail on 8 October.
There it is reported that at the suggestion of Siarhei Housha on 25 September the Constitutional Court adopted a ruling “On establishing the procedural order of exemption from the state fee for filing appeals to courts against verdicts on cases of administrative offenses".
Back on 1 March 2013 the human rights defender Siarhei Housha filed a written appeal to the Constitutional Court. On the basis of his own experience, he proposed the Constitutional Court to recognize the provisions of the Process-Executive Code of Administrative Offenses about the impossibility of exemption from the state fee as unconstitutional and contrary to international norms.
In his letter Siarhei Housha informed the Constitutional Court that he had been brought to administrative responsibility by a ruling of Judge of the Baranavichy City and District Court Vasil Petryu of 21 August 2012. Disagreeing with the judge's decision, on 30 August 2012g the human rights activist sent a complaint to the court and applied for the exemption from the registration fee due to a difficult financial situation.
However, by the ruling of Judge Vasil Petryu of 13 September 2013 Housha's petition for the exemption of the registration fee was rejected due to the fact that the Procedural- Executive Code of Administrative Offences of the Republic of Belarus doesn't provide the possibility of exemption from payment of the state fee for filing complaints against court rulings.
Thus, the human rights activist drew the attention of the Constitutional Court to the shortcoming in the legislation which violates the constitutional right of citizens to judicial protection, guaranteed by Art. 60 of the Constitution and Art. 2 of the International Covenant on Civil and Political Rights, which establishes an obligation of each State party to the Covenant to provide each person whose rights or freedoms are violated with an effective remedy.
Siarhei Housha reminded the Constitutional Court that, according to the above mentioned provisions of the Constitution and the International Covenant on Civil and Political Rights, the government should create such a remedy that would ensure the effective protection of violated rights and freedoms of the individual.
That's why Siarhei Housha asked the Constitutional Court to make a proposal to the House of Representatives of Belarus to supplement the Procedural Executive Code of Administrative Offences of Belarus in order to guarantee an effective way to ensure the judicial protection of rights and freedoms.
On 25 September the Constitutional Court of the Republic of Belarus decided to propose to the Council of Ministers of the Republic of Belarus to prepare a draft law on amending the Procedural- Executive Code of Administrative Offences and submit it to the House of Representatives of the National Assembly of the Republic of Belarus according to the established order.