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Belarusian “parliament” didn’t overturn scandalous article of Criminal Code

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17 persons have been convicted under article 193-1 of the Criminal Code since it came into force in 2006.

Human rights activists state this is a discriminating article violating constitutional rights to freedom of assembly.

Belarusian human rights defenders said during a round table discussion in Minsk December 21 that the Belarusian MPs lacked of political will to annul article 193-1 of the Criminal Code providing for responsibility for activity of behalf of an unregistered organization, BelaPAN reports.

As human rights activist Valyantsin Stefanovich noted, the round table was organized on the first working day after the session of the “house of representatives” had ended. “We hoped the “MPs” would adopt amendments to the Criminal Code and annul this article. Unfortunately, that didn’t happen,” Stefanovich said.

Aleh Hulak, the leader of the human rights organization Belarusian Helsinki Committee, emphasized that such an article in the Criminal Code contradicts international human rights pacts and the Belarusian Constitution. “The Constitution guarantees the right to freedom of association, but article 193-1 providing for responsibility for activity on behalf of an unregistered organization contradicts the Constitution, the main law of the country,” Hulak thinks.

Moreover, he states this article in the code contravenes the legal principles. “Dressed like Santa Clauses., we have visited the General Prosecutor’s Office and asked to bring us to responsibility for activity on behalf of an unregistered organization of Santa Clauses. What was a response? We were told we may be brought to responsibility if systematic activity is found. But law can’t work in such a way! Either we have responsibility, or we don’t have it. There can’t be statements like “we’ll probably bring you to responsibility”. This article is a mockery of justice,” Hulak said.

He emphasized that Belarus is the only ex-Soviet country where responsibility for activity on behalf of an unregistered organization exists. “Activity is prohibited legally in some countries, a declarative principle of public organization registration exists in other countries. Belarus is the only country with criminal responsibility for activity on behalf of an unregistered organization,” the BHC leader noted.

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