Constitutional court refuses to initiate bringing the national legislation in line with the international undertakings of the Republic of Belarus
Human rights activist Siarhei Housha received a letter signed by the head of the Secretariat of the Constitutional Court A. Karavai, stating that his appeal was considered on the grounds of Art. 22 of the Constitution of the Republic of Belarus on Judicial System and Status of Judges and the Law of the Republic of Belarus "On applications of citizens and legal persons".
According to the reply, the Constitutional Court will not appeal to the competent public authority with a proposal to bring the national legislation in line with international legal obligations of the Republic of Belarus, and offers the applicant to do it on his own.
Mr. Housha appealed to the Constitutional Court concerning the neglect of the twp positive decisions of the UN Human Rights Comeettee on his appeals. In both cases, the Committee considers that the State violated the rights of Mr. Housha enshrined in the International Covenant on Civil and Political Rights (Article 22 in the first case and Art. 19 and 21 in the second). In each case the Committee pointed out certain measures that the state had to perform for redress. Unfortunately, according to the human rights activist, no setps were taken by the state to implement the Committee's Views.
In the response of the Secretariat of the Constitutional Court it is stated that ifSiarhei Housha believes that the issues outlined in his address aren't addressed adequately enough in the legislation of Belarus, he can send his proposals on amendments and supplements to the state bodies which have the right of legislative initiative.
“Yes , I asked the Constitutional Court to initiate the harmonization of national legislation with the international legal obligations of the Republic of Belarus. In this letter I also argued that Belarus has not taken any steps to implement the views of the UN humna Rights Committee. In my opinion, the Constitutional Court, which is responsible for the constitutionality of legal acts, was to react to these violations of the law. However, instead of a constructive response they tell me that I have the right to appeal to the state bodies which have the right of legislative initiative,” said the human rights activist.