ICCPR Case Digest

CCPR/C/128/D/2057/2011

Communication

2057/2011

Submission: 2010.05.17

View Adopted: 2020.03.13

V.P. v. Belarus

Substantive Issues
  • Effective remedy
  • Fair trial
Relevant Articles
  • Article 14.1
Full Text

Facts

The author of the communication is a national of Belarus who claims that the State Party has violated his rights under article 14 (1), read in conjunction with article 2 (2) and (3) of the Covenant.

The author is a member of the United Civic party and president of its regional division in Gomel. In 2011, the regional division of the party elected a representative, the author, to put forward as a nominee for the District Electoral Commission. In early 2010, a decision on the composition of the Commission was made, which did not include the author as a representative of the United Civic Party.

 

The author followingly filed a complaint in his capacity of president of the Party, citing that his Party’s rights had been violated because its representative was not included in the Commission. He claimed that the lack of a democratic party representative on the Commission would undermine the future electoral process. Following the rejection of this complaint, the author unsuccessfully submitted a cassations appeal.

The author claims that the refusal of domestic courts to review his cassation appeal against the first instance court decision violates his rights to a fair and public hearing of his civil claim by a competent, independent, and impartial cassation tribunal under article 14 (1) read in conjunction with article 2 (2) and (3) of the Covenant.

Admissibility

The Committee noted that in domestic proceedings the author had submitted civil claims to the courts on behalf of the United Civic Party, which has its own legal capacity, claiming violation of the rights of the Party. It further observed that the author does not explain how his own rights under the Covenant have been violated, nor what precise shortcomings in the proceedings before the courts would amount to a violation of article 14 (1). On this basis, the Committee considered the present submission insufficiently substantiated and therefore inadmissible. 

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