HR Defender From Smarhon Struggling For Abolishment Of Decree #3 Through UN

Alse Dzerhachou is asking to check the Decree #3 for the compliance with the International Covenant on Civil and Political Rights.

Smarhon human rights activist Ales Dzerhachou addressed the UN Human Rights Committee with a message in which he asked to verify the compliance of Decree # 3 "On the Prevention of Social Dependence" with the International Covenant on Civil and Political Rights, "Viasna" HRC informs.

The basis for appealing to the international body was the actions of the state structures of Belarus, which required the human rights defender should pay the fee under the Decree #3.

The appeal was submitted to the UN on October 19, after Ales Dzerhachou had exhausted all the available means of legal defense in Belarus.

Thus, in the very beginning, the actions of the Smarhon district tax inspectorate, which sent a written requirement to pay the fee, were appealed in the Smarhon district court. The HR defender substantiated his appeal by the fact that a demand to pay the fee for non-participation in financing of the state expenses through taxes, given the absense of a job, moreover, under the threat of a fine or arrest, is nothing else but coercing to labour. And this contradicts the Constitution and the Covenant on Civil and Political Rights.

“I asked the court to base on this legislation while considering the appeal; and, upon the results of the consideration, if the court establishes that the Decree contradicts the Constitution, to raise the issue of the non-compliance of as legal act with the Constitution in due course,” — Ales Dzerhachou said.

The Smarhon district court resolved not to initiate civil proceedings, having reckoned that the court of a general jurisdiction was not authorized to consider the compliance of the Decree with the Constitution and the international legal acts.

“My arguments that I was appealing the actions of the tax inspectorate, not the Decree, were disregarded by both the regional court, where I submitted a cassational appeal; and the regional Prosecutor’s Office, to which I sent the appeal in exercise of supervisory functions,” — Dzerhachou informs.

In a message sent to the UN Human Rights Committee, the human rights defender asks to consider the violation of his right to access to justice (Article 2 of the Covenant)by Belarus, as well as the use of forced labor, which is prohibited under Art. 8 of the Covenant). The appeal also contains a request to recommend Belarus to abolish Decree #3.