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CCP BPF activist loses court against HCS

In the October District Court of Vitebsk civil investigation was completed at the suit of the CCP BPF member Jan Dzyarzhautsau against deputy CEO UKPP "Vitebsk city utilities" Vadim Ilinets. According to the politician, bureaucrat, not a covenant with him to clear the area after the proposed march and rally, violated his civil and political rights and caused him moral damages. Judge Victoria Leshchenko claim for moral damages are not satisfied.

Was not satisfied, and the second requirement claim: make a special ruling against Vitebsk city executive committee of the need to strengthen the control over the implementation of the requirements of the directive of President of the Republic of Belarus № 2.

In the above mentioned directive states: "Formalism, red tape, paperwork, arrogance, disrespect for the people indifferent to their fate and needs to show some officials, as evidenced by the complaints of citizens coming to the head of state, undermining their confidence in the state. This situation is unacceptable. "

Jan Dzyarzhautsau had to go to court after in response to the statement "Vitebsk city housing and communal services" for the conclusion of agreements on clean-up after the mass gathering was another runaround signed by Vadim Ilintsi. Last simply "kicked" Applicant wrote that for contracts should be treated not in his company, and others - "Gordormost" and "Zelenhoz."

There exists a solution of the Vitebsk City - № 881: if someone wants to hold a rally, picket or street march - he to the application for a mass gathering to attach copies of contracts for clean-up with UKPP "Vitebsk housing and communal services" (and not with any -then "Gordormostom" and "Zelenhozom" that wrote Ilinets), as well as doctors and police officers about the service during the event.

Needed to achieve the conclusion of agreements with such services could not nobody. As a result, due to non-decision № 881 shares all the opposition, human rights defenders and social activists on the resolution on which the application is for the past few years are prohibited by local authorities.

It happened again. To arrange a share, scheduled for November 7, 2012, Jan Dzyarzhautsau asked UKPP "Vitebsk housing and communal services" and other services conclude a contract, without which did not get permission for the rally. There has been, as always, None, citing various reasons, a contract is not. The result is predictable: because no contract City Council banned the rally.

Jan Dzyarzhautsau believes that if there is a solution executive committee № 881, it must comply not only citizens who want to hold a mass event, but also institutions listed in the decision, which is necessary to contract. In his opinion, and utilities, and police and doctors refusing to contract, violate the rights of citizens guaranteed by the Constitution and the International Covenant on Civil and Political Rights, as because of their failure can not assemble peacefully.

"Roughly violating existing laws, Deputy Director General UKPP" Vitebsk city housing and communal services "B. Ilinets deprived me of the opportunity to submit to the Vitebsk Regional Executive Committee agreed to clear the area after the mass event. The absence of this agreement was the cause of failure to me in the march and rally, "- wrote Jan Dzyarzhautsau in his statement of claim.

"I, as a long-standing and consistent fighter against manifestations of malicious Communist ideology, try, if possible, publicly and openly communicate to residents of Vitebsk the truth about the crimes of the communist regime against humanity. Therefore depriving me of such a possibility caused me moral damages in the form of unrealized desire to publicly express their political views, to show their affiliation to the anti-communist movement. Its illegal decision of the Deputy Director General UKPP "Vitebsk city housing and communal services" B. Ilinets violated my civil and political rights "- so to substantiate his claim Jan Dzyarzhautsau.

You never know what the judge was guided Leshchenko deciding. But it is clear that its decision is unleashed officials and gave them the opportunity to continue to be arbitrary not to conclude agreements with the political and social activists in the service of mass actions and thus deprive them of the right to peacefully assemble and express their views publicly.

Vitebsk Spring