Law Contradicts Constitution
- 11.02.2008, 10:13
A round table discussion with participation of Belarusian human rights watchdogs and representatives of democratic community has taken place in Minsk. Main topics for discussion were a situation with human rights and political persecution of citizens in Belarus.
Participants of the round table has noted that recent releases of political prisoners from detention centers (leaders of the Young Front Zmitser Dashkevich and Artur Finkevich, entrepreneurs Mikalay Autukhovich and Yury Lyavonau) are not a sign of democratization and improvement of situation with persecution of the current regime’s opponents. Lately new criminal cases against activists of youth structures were initiated. Another example is numerous arrests of participants of street rallies of entrepreneurs, Deutsche Welle informs.
“Politization of criminal legislation”
Special priority of the participants of the discussion was given to application of the Criminal law Article which envisages punishment for being a member of unregistered organizations. Under Article 193 (appendix) of the Criminal Code 14 persons have been convicted already, while 4 of them are activists. They are three participants of the organization on independent election observation “Partnerstva”, and the leader of the Young Front Zmitser Dashkevich, sentenced to actual terms of imprisonment.
Four more criminal cases brought up on charges relating this article are at the stage of investigation. All of them have been initiated against Young Front activists. Three persons are persecuted in Homel, and one girl – Katsyaryna Salauyova – in Polatsk.
As noted by the member of the Council of Human rights association Viasna Valyantsin Stefanovich, presence of charges for participation in activities on behalf of an unregistered organization is “a politization of a criminal legislation”.
Law Contradicts Constitution
As said by Valyantsin Stefanovich, necessary restrictions on activities of really dangerous parties or associations are contained in the Article 5 of the Constitution, which lawmakers or so-called law-enforcing agencies hardly ever consult. Under these articles of the Constitution, Stefanovich underlines, “creation of organizations and political parties which aim is violent overthrow of the regime or which carry out propaganda of war, social, national, religious or race enmity is prohibited”.
As explained by the human rights watchdog further, this list is limiting and cannot be subject to extensive interpretation. Besides, Article 36 of the Constitution guarantees all citizens freedom of association, and Article 23 of the Constitution reads that restrictions of freedoms and rights of a person is permitted only in legally provided cases, in the interest of the national security, public order, protection of morals and health of the population, rights and freedoms of other persons.
Valyantsin Stefanovich makes a conclusion that “description of Article 193 (appendix) is in direct contradiction with Article 5 and Article 23 of the Constitution of the Republic of Belarus, as it provides for criminal responsibility just for creation and activities of organizations irrespective of their goals”.