The head of the Homel regional branch of the United Civil Party, Vasil Poliakou believes that the State violated Article 14 and 26 of the International Covenant on Civil and Political Rights by forcing him to give his fingerprints.

On 3 April, 2011 Savetski District Court established Vasil Poliakou’s guilt for violating Article 23.4 of the Code of Administrative Offences (insubordination to lawful demands of the police) and fined him 25 basic units (875,000 rubles).It was the first judicial sentence for refusing to be fingerprinted. In Belarus such a refusal is not an offence, therefore, there should be no liability for the one who has refused to undergo the procedure of fingerprinting. However, the judge Halina Sytsko has found Vasil Poliakou’s guilty in not obeying the demands of the police officers.

Vasil Poliakou (left) explained that he refused to undergo fingerprinting because, firstly, it is considered as a manifestation of discrimination, secondly, it is not obligatory, and thirdly, the police do not have special equipment for this procedure. During the court he stated that the law On Dactilography provides no punishment for refusal from this procedure.

In his appeal, Paliakou argues why the compulsory fingerprinting violates his rights:

““Due to the existence of such provision in the national legislation of Belarus I was subject to adverse discrimination on the basis of my sex and year of birth, prohibited under article 26 of the International Covenant on Civil and Political Rights. By entering such selective approach into the national legislation, the Republic of Belarus has violated the principle of equality of all citizens before the law, because such personal characteristics as age and sex were introduced as grounds for adverse discrimination. As a result, a person is treated not as an individual, but as a representative group of people (citizens who are liable for military service). When I was summoned to the police station to be fingerprinted, I refused, because the police did not produce a single argument except the legal requirement according to which I was obliged to undergo the procedure of mandatory fingerprint registration.”

In his appeal the democratic activist gives another fact which can be regarded as a violation of human rights:

“The court dismissed the motion for inviting human rights activist Leanid Sudalenka as a legitimate representative. Moreover, the judge referred to article of Procedural-Executive Code of Administrative Offences. I think that this article contradicts the international law, and I ask the UN Committee to indicate this fact for Belarusian state.”

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Fingerprinting of the Belarusian men who are liable for military service has begun in 2008 – after the blast during the night concert at the Independence Day in Minsk. The campaign of fingerprinting gained in unprecedented scale.

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