2 December 2015, Wednesday, 6:23

Garry Paganiaila: The authorities did not fulfill any of the UN Committee’s decisions


The human rights activist believes that the acknowledgement of violations in the case of Uladzislau Kavaliou will not affect the Belarusian authorities.

Recently the UN’s human rights committee acknowledged that the pact of civil and political rights, including the right to live, was violated in the case of executed Uladzislau Kavaliou. In an interview to the charter97.org the head of the legal department of Belarusian Helsinki Committee Garry Paganiaila noted that the Belarusian authorities will most probably no react to the UN’s decision:

“There is a really serious problem in Belarus with implementation of the UN human rights committee’s decisions, where our citizens have a right to apply with individual complaints. On the one hand, the state acknowledged the right of Belarusians to appeal to the Committee, having exhausted the domestic means. On the other hand it does not implement the decisions, taken by this high international institution”.

According to the lawyer, the Belarusian authorities have not implemented any of the UN human rights committee’s decisions:

“More than 20 decisions were made in the favor of our citizens on different issues of human rights violations were taken by the Committee, but none of them was implemented. The state does not want to rehabilitate the rights of our citizens. In words Belarus is ready to cooperate with international organizations and UN human rights bodies, but in practice it remain a state where these rights are severely and systemically violated”.

The human rights activist explains why the authorities of our country do not react on the decisions of the UN’s Committee:

“Belarus is a non-democratic state. A power of a police state has formed in it, where the law of force rules. The authorities rest solely upon force and do not want to listen to any critique of them. It claims that the world community’s position is politicized, that it is a punishment for Belarus being independent etc.”.

They will not even tell Lubou Kavaliova where the body of her son is buried, the expert considers:

“One should not hope for another UN human rights committee’s decision to be implemented even in a small part. The verdict will not be reconsidered, the ones already executed will not be exonerated, the parents will not receive the bodies of their sons or their belongings, which, probably, have already been destroyed. They won’t even tell the place of the burial so the relatives could come and mourn for the executed”.

But in future the UN Committee’s decision on the case of Uladzislau Kavaliou will definitely lead to reconsideration of the case, Garry Paganiaila is sure:

“When there is a democratic authority in Belarus, of course all the Committee’s decisions will be paid attention to and they will be implemented if possible. We are aiming for a legal mechanism to be adopted legislatively for implementation of these decisions. We want for the the cases to be reconsidered with new circumstances to be taken into account; for appeals to be filed based on the Committee’s decisions; for a moral compensation to be paid for the harm caused to the parents by the ungrounded conviction and execution. The state can do a lot in order to exonerate the ones, who suffered from the authorities”.

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