Leanid Kulakou Keep Fighting for His Rights

Activist of the European Belarus civil campaign appealed to the UN Human Rights Committee.

Lawyers of the Belarusian Documentation Centre have prepared an individual address to the UN Human Rights Committee on behalf of activist of the European Belarus civil campaign, bydc.info writes.

In his complaint Leanid Kulakou informs that Belarus violates Articles 19 and 21 of the International Covenant on Civil and Political Rights and point out that civil activists of Belarus are constantly subject to detentions, fines and administrative arrests for participation in peaceful, but non-authorized meetings. The member country of the Covenant violates Art 2., part 1 and does not take any measures necessary to exercise the right of citizens to peaceful assemblies and the right to freedom of expression.

He did not ask competent authorities for permission to organize mass events, as required in accordance with the Law of the Republic of Belarus "On Mass Events", since the organization of such events was not part of his intentions. In addition, the Law "On Mass Events" in the Republic of Belarus lacks the definition of "mass event", in this regard the authorities misclassified conducted events with participation of L. Kulakou. In this part the law is ambiguous and not clear enough, which, consequently, generates judicial errors. It considers 3-4 people standing with posters next to each other a mass street event. The Law "On Mass Events" does not specify any quantitative threshold that could help citizens, police or courts determine whether an event is of "mass" nature.

An individual message indicates that restrictions on L. Kulakou including administrative punishment and fines did not promote the interests of the national security or a public order, health care or public values, or protection of rights and freedom of others, which proves the violation of his rights under Article 21 of the Covenant.

In addition, L. Kulakou points out that the authorities' decision to terminate his involvement in peaceful assemblies and following administrative responsibility deprives him of the right to freedom of expression. He has deliberately chosen this way of expression, because such peaceful pickets and actions did not pose a threat to interests of the state, the public order, the public health or values, or the protection of the rights and freedoms of others. Accordingly, his actions fall under Article 19 of the Covenant.

In the end the individual message contains a request to recognize rights stipulated in Articles 21, 19 of the International Covenant on Civil and Political Rights violated by the Republic of Belarus, as well as to recognize the failure of the State to fulfill its obligations in accordance with Art. 2, para 1 of the Covenant, furthermore to recognize the duty of the State to provide him with an effective legal remedy against violations indicated in the complaint, including the payment of adequate compensation, compensation for the adjusted fine and any legal costs incurred by the author.

To recommend the Republic of Belarus to review laws, regulations and administrative practices related to mass events and bring them in line with international obligations provided by Article 22 of the International Covenant on Political and Civil Rights.