Court confirms that ruling of Vitsebsk City Executive Committee is unimplementable
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.
