Belarusian Helsinki Committee requests to bring to justice riot policemen

The public association “Belarusian Helsinki Committee” demands to bring to account riot policemen who unjustifiably used force on December 12 during the rally “For independent Belarus!”

The Belarusian Helsinki Committee has addressed the general prosecutor’s office of Belarus with a request to carry out an investigation of the facts when policemen committed unlawful acts during disband of a peaceful rally on 12. 12.12.07, to take steps to find the persons injured by the law enforcers, to bring up a criminal action on charges related Article 426 Part 3 of the Criminal Code of the Republic of Belarus.

In line with the Law of the Republic f Belarus “On internal affairs agencies” even in case of lawful act of force law enforcers are discharged from liability only in case if the inflicted harm is proportionate to the force of counteraction (Article 26 Part 4).

However according to testimony of witnesses and reports of mass media, the rally held on December 12 and brutally disbanded by policemen was totally peaceful. As a result of use of force by policemen, bodily harm was inflicted to several participants. The Young Front leader Zmitser Fedaruk was beaten up by policemen, hospitalized with a traumatic brain injury and abdomen injury to a hospital No. 9 in Minsk.

Law enforcers who used force against the participants of the rally, which caused traumas and bodily harm to them, have obviously transgress their rights and authority. Their actions were accompanied with violence over the injured party, prevented the latter from exercise of their constitutional rights. Human rights activists believe that these actions have elements essential to the offence under Article 426 Part 3 of the Criminal Code of Belarus.

The Belarusian Helsinki Committee believes that act of force by policemen against peaceful protesters and the rally disband were not justifiable, as citizens exercised their constitutional right for freedom of assembly, which is guaranteed by Article 35 of the Constitution of the Republic of Belarus. The importance to guarantee freedom of peaceful assemblies is based on international commitments of the Republic of Belarus, which are a part of the national legislation and are to be followed at the territory of Belarus.

Participants of the rally didn’t commit actions which would allow law enforcers thwart the rally under Article 23 of the Constitution. According to the Article 23 of the Constitution restriction of rights and freedoms of a person are allowed only in cases prescribed by the law, to the benefit of the national security, public order, defense of morality, health of the population, rights and freedoms of other persons. The fact of holding the meeting without a permission of relevant authorities as such does not mean that public order was violated, as actions of the protesters haven’t caused temporarily break in the normal functioning of organizations, enterprises, public transport and so on, haven’t damaged health, legal rights and interests of people. It means that policemen didn’t have a right to limit the freedom of assembly.