Find the letter of concern of Belarusian HRH in Vilnius and HRH Foundation here.
A response signed by the Deputy Chairman of the Supreme Court of Belarus Valery Vyshkevich referred to the provisions of the Belarusian Code of Civil Procedure. According to it, only “legal entities who are legally interested in a case outcome or those whose rights or legal interests are breached by a court decision” are entitled to appeal against a decision of a court or a judge.
“As the abovementioned organizations (Belarusian HRH and HRH Foundation- author) are not legally interested in an outcome of the case, the complaint was dismissed”, – was concluded in the response. However, “what the Belarusian HRH and HRH Foundation sent to the Belarusian authorities was not a complaint, but an appeal (letter of concern)”, – argued Barys Zvozskau, the President of the HRH in Vilnius.
He stressed, that by the Constitution of Belarus, Art.40, “each person has the right to direct personal or collective appeals to state agencies. State agencies, as well as officials, are obligated to review the appeals and to give a response on their essence”. Therefore, it is legally incorrect to use the term “complaint” and to refer to the Art. 437.2 of the Belarusian Code of Civic Procedure in this case, Mr Zvozskau claimed.
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