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Zalesskaya V. Belarus, Comm. 1604/2007

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Zalesskaya V. Belarus, Comm. 1604/2007 United Nations CCPR/C/101/D/1604/2007 International Covenant on Distr.: Restricted* Civil and Political Rights 28 April 2011 Original: English Human Rights Committee One hundredth and first session 14 March to 1 April 2011 Views Communication No. 1604/2007 Submitted by: Elena Zalesskaya (not represented by counsel) Alleged victims: The author State party: Belarus Date of communication: 8 February 2007 (initial submission) Document references: Special Rapporteur’s rule 97 decision, transmitted to the State party on 5 October 2007 (not issued in document form) Date of adoption of Views: 28 March 2011 * Made public by decision of the Human Rights Committee. GE. CCPR/C/101/D/1604/2007 Subject matter: Prosecution of the author for distributing newspapers and leaflets in the street Procedural issues: Degree of substantiation of claims Substantive issues: Freedom of expression, right to impart information, peaceful assembly, prohibition of discrimination Articles of the Covenant: Article 19, paragraphs 2 and 3; article 21; article 26. Articles of the Optional Protocol: 2 On 28 March 2011, the Human Rights Committee adopted the annexed text as the Committee’s Views under article 5, paragraph 4, of the Optional Protocol in respect of communication No. 1604/2007. [Annex] 2 CCPR/C/101/D/1604/2007 Annex Views of the Human Rights Committee under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political rights (one hundredth and first session) concerning Communication No. 1604/2007** Submitted by: Elena Zalesskaya (not represented by counsel) Alleged victims: The author State party: Belarus Date of communication: 8 February 2007 (initial submission) The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Rights, Meeting on 28 March 2011 Having concluded its consideration of communication No. 1604/2007, submitted to the Human Rights Committee by Ms. Elena Zalesskaya under the Optional Protocol to the International Covenant on Civil and Political Rights, Having taken into account all written information made available to it by the author of the communication, and the State party, Adopts the following: Views under article 5, paragraph 4, of the Optional Protocol 1. The author of the communication, dated 8 February 2007, is Ms. Elena Zalesskaya, Ukrainian citizen born in 1932. She claims to be a victim of violation by Belarus1 of her rights under article 19 and 21 of the International Covenant on Civil and Political Rights. The author is unrepresented. The facts as presented by the author 2.1 On 27 July 2006, the author, together with other two persons, distributed copies of the officially registered newspapers “Tovarishch” (“Comrade”), “Narodnaya Volya” (“Peoples’ Will”), and informative leaflets to passers-by on a sidewalk in Vitebsk city. Soon after, they were arrested and taken by the police to the Department of Internal Affairs ** The following members of the Committee participated in the examination of the present communication: Mr. Lazhari Bouzid, Ms. Christine Chanet, Mr. Cornelis Flinterman, Mr. Yuji Iwasawa, Ms. Helen Keller, Ms. Zonke Zanele Majodina, Ms. Iulia Motoc, Mr. Gerald L. Neuman, Mr. Michael O’Flaherty, Mr. Rafael Rivas Posada, Sir Nigel Rodley, Mr. Fabian Omar Salvioli, Mr. Krister Thelin and Ms. Margo Waterval. 1 The Optional Protocol entered into force for Belarus on 30 December 1992. 3 CCPR/C/101/D/1604/2007 of Oktyabrsky district of Vitebsk, where a report that they have committed an administrative offence under article 167, part 1, of the Belarus Code of Administrative Offences2, was drawn up. The author was accused of violation of the procedure for organizing and conducting street marches. On 28 July 2006, she was fined 620’000 Belarusian rubles by the Vitebsk District Court. 2.2 On 14 August 2006, the author appealed the decision of the Vitebsk District Court to the Vitebsk Regional Court, which dismissed the appeal on 20 September 2006. On 25 September 2006, she filed an appeal with the Supreme Court, which upheld the decision of the Vitebsk Regional Court on 10 November 2006. 2.3 The author claims that she has exhausted all available domestic remedies. The complaint 3.1 The author claims that the State party violated her right to impart information as well as the individuals’ right to receive information, as guaranteed by article 19 of the Covenant. 3.2 She further claims that the court failed to establish that on 27 July 2006 she organized and conducted a street march from Liberty Square to Lenin Square in the city of Vitebsk. Three persons walking on a sidewalk and distributing copies of the officially registered newspaper “Tovarishch” (“Comrade”), activity for which they possessed written authorization3, and of other printed materials (leaflets), the legality of which was not contested by the court, cannot be considered as an organized mass event. 3.3 The author maintains that she and the other two persons involved in the distribution activity did not display any flags, posters or other propaganda materials, as shown in the video records presented by the police as proof of her guilt. Her acts were wrongly qualified by the court as an organized mass event. 3.4 The author also submits that she had not requested authorization for the organization of a mass event from the competent authorities, as required by law, because she had no intention of organizing such an event. The distribution of printed materials lasted no more than ten minutes before the arrest, and her actions neither impaired the rights and freedoms of others, nor resulted in damage to citizens’ or municipal property. She considers that the decision of the court was unreasonable, unfair and cruel, noting that the sum of the fine imposed is the equivalent of two months of her retirement pension. 3.5 According to the author, the authorities did not present any facts disclosing a breach of national security or of public order during the distribution of printed materials, and thereby endorsed its peaceful character. Neither did they provide any documentary evidence on attempts upon the life and health of individuals, upon their morals or on breaches of their rights and freedoms. Therefore, the author claims that the State Party has also violated her right of peaceful assembly under article 21 of the Covenant. State party's observations on admissibility and merits 4.1 On 2 May 2008, the State party provided its observations on the admissibility and merits of the communication. It submits that on 27 July 2006, a report on the commission 2 Article 167, part 1, of the Belarus Code on Administrative Offences “violation of the procedure for organizing and conducting religious, sporting, cultural or other events, as well as of gatherings, rallies, street marches, demonstrations and pickets”. 3 The author enclosed a copy of the written authorization given by the editor-in-chief of the newspaper “Tovarishch”. 4 CCPR/C/101/D/1604/2007 of an administrative offence under the article 167, part 1, of the Belarus Code of Administrative offences was drawn up in relation to the author. According to the report, the author, on 27 July 2006 at 6:10 PM, organized an unauthorized mass event – a street march of a group of individuals moving from Liberty Square to Lenin Street in Vitebsk, with the intent of publicly expressing their socio-political opinion (event accompanied by distribution of informative leaflets). During the police questioning, the author explained that, as a member of the United Civic Party (Obedinennaya Grazhdanskaya Partiya) and the President of the Vitebsk municipal organization of the United Civic Party, she received a letter from the Russian National Unity Party (Russkaya Natsionalnaya Edinstvo) with a call to interethnic hatred, and decided to reply to that letter by distributing leaflets among the inhabitants of Vitebsk. 4.2 The State party also points out that similar reports were drawn up in relation to the other two persons involved in the event. On 27 July 2006 at 6:10 PM, the author together with two other persons organized an unauthorized street march from Liberty Square to Lenin Square, distributing printed materials, the newspaper “Narodnaya Volya” (“Peoples’ Will”), and leaflets “Za nashu, za vashu svobodu” (“For our, for your freedom”). According to the report on the body search, the author was found in possession of thirteen copies of the newspaper “Narodnaya Volya” , around one hundred copies of the newspaper “Tovarishch” and around two hundreds informative leaflets. 4.3 On 28 July 2006, the reports on administrative offence were considered by the Vitebsk District Court. The author pleaded not guilty during the court hearings, and maintained that her movement on a sidewalk and distribution of newspapers and leaflets to passers-by cannot be considered a street march. The police agents explained that the author and the two other persons were walking together on Lenin Street, distributing leaflets and the newspaper “Tovarishch” to passers-by, thus attracting their attention. They also informed the court that no written request to hold on 27 July 2006 a street march form Liberty Square to Lenin Square was received by the Town Executive Committee. A video recording of the above-mentioned events was presented in court. 4.4 The author and the other two persons were held administratively responsible for a violation of the procedure for organizing and conducting a street march, as prescribed by article 167, part 1, of the Belarus Code of Administrative Offences, and were sanctioned with a fine of twenty basic units (620’000 Belarusian rubles). The court considered the author as the organizer of the unauthorized street march. The case was examined by the Vitebsk Regional Court and the Supreme Court of Belarus under the supervisory judicial review in October 2006 and November 2006 respectively.
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