ICCPR Case Digest

CCPR/C/126/D/2315/2013

Communication

2315

Submission: 2013.05.24

View Adopted: 2019.07.05

Anatoly Bukas v. Belarus

Failure of Belarus to allow the author access to a higher tribunal, state party failed to articulate justification towards a legitimate aim

Substantive Issues
  • Access to court
  • Fair trial
  • Right to be elected
Relevant Articles
  • Article 14.1
Full Text

Facts

The author is a Belarusian national who claims the state party violated his rights under article 14 of the Covenant by domestic authorities refusing to hear his claim under the Civil Procedure Code and the Election Code. 

The author alleges that District Election Commission canceled his candidacy for the Chamber of Representatives of the National Assembly of Belarus as the Commission argues they had the right to cancel the registration of candidates who, in a declaration made prior to registration, supply false information regarding their income and property holdings, and when the degree of the misrepresentation is felt to be significant.

The higher judicial authorities later refused to hear his appeal.

Merits

The Committee found that the state party failed to provide clarification on whether its failure to allow access to a tribunal within the scope of article 14(1) was necessary to pursue a legitimate aim. On this basis the Committee found that the facts disclose a violation of article 14(1) of the Covenant. 

Recommendations

On the basis of article 2(3) of the Covenant, the state party is under an obligation to provide an effective remedy to the author. The Committee therefore required Belarus to:

  • make full reparation to individuals whose Covenant rights have been violated;

  • take appropriate steps to (a) provide the author with adequate compensation; and (b) take steps to prevent similar violations occurring in the future;

  • publish the present Views and to have them widely disseminated in the official languages of the State party.

Implementation

The Committee required Belarus to take all aforementioned measures and update the Committee on progress made within 180 days, or 5 January 2020.

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