Gay Activists Send Case to the UN Human Rights Committee against Belarus over Banned Protest

MINSK, June 22, 2010 (GayRussia)  –  Two gay activists revealed late last night that they have submitted an “individual complaint” to the United Nations Human Rights Secretariat in Geneva.

Sergey Androsenko, chief organiser of Minsk Gay Pride, and Sergey Praded, editor-in-chief of the Belarus national gay magazine Gay: Good As You, said the complaint was against Belarus for breaching their right to freedom of assembly last December.

The activists were arrested and detained after picketing the Iranian Embassy in Minsk.  The demonstration, on December 16, was in solidarity with in solidarity with Iranian gays.

The three-person picket had not been authorised by the authorities and the activists were fined by a local court a week later on December 23.  The judgement became final on January 19 after an appeal court confirmed the “first instance” decision.

On February 17, the activists took their to the Supreme Court, but were refused leave to appeal on April 7.

The activists revealed last night that their complaint was sent to Geneva from Vilnius, Lithuania, and not from Belarus.

“There is little chance that the customs would have let a letter go from Minsk to the UN Human Rights Committee Secretariat in Geneva,” Mr. Androsenko said.

“Last year, Belarusian customs seized 20 copies of the InterPride magazine which were sent to our group from the USA.

“We have exhausted all the legal remedies within Belarus and since our right to freedom of assembly was breached by the Belarusian legal system, we are now both turning to the UN Human Rights Committee” he explained.

Belarus has ratified the United Nations International Covenant on Civil and Political Rights (ICCPR) in which articles 19 and 21 guarantees freedom of express and freedom of assembly.  The Covenant also allows any citizen to submit an individual petition if his or her rights are breached.  The petition is understood to be under review the Committee after obtaining position statements from both parties.

“This is the first time that Belarusian diplomats have had to write the position of the country on a gay issue, ” Mr. Praded said.

Unlike a decision of the European Court of Human Rights, the decisions reached by the UN Human Rights Committee are not binding.

“We know that the decision we will get is not binding, but we know that a decision in our favour would be disturbing for the Belarusian government – and in any case we do not have any other option” said Mr.Androsenko.

Belarus which is often considered “the last European dictatorship” within diplomatic circles.  The country is not a member state of the Council of Europe and as a result Belarusian citizens are not protected by the European Convention on Human Rights.

This means that unlike the rest of Europe, they cannot appeal to the European Court of Human Rights as a last resort.

A similar complaint over a banned gay picket in front of the Iranian Embassy in Moscow was submitted to the UN Human Rights Committee Secretariat last year by Russian gay activist Nikolai Alekseev.  It is still being considered.

“Our complaint is in the finale stages as both parties have given their positions.  It is now up to the Committee to review the arguments and make a decision,” said Mr. Alekseev.

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