Mr. Vladimir Velichkin v. Belarus

The author of the communication is Mr. Vladimir Velichkin, a Belarusian national born in 1960. He claims to be victim of violations of Belarus of his rights under article 19, paragraph 2, of the Covenant. He is not represented by counsel.

The author claims that he is a victim of his right to disseminate information, in violation of article 19, paragraph 2, of the Covenant and article 34 of the Belarusian Constitution.

Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not the communication is admissible under the Optional Protocol to the Covenant.

The Committee notes that the same matter is not being examined under any other international procedure of investigation and settlement, and that available domestic remedies have been exhausted. It considers that the conditions set forth in paragraphs 2 (a) and (b) of article 5 of the Optional Protocol have been met.

The Committee considers that the author has sufficiently substantiated his claim under article 19, paragraph 2, for purposes of admissibility. It concludes that the communication is admissible and proceeds to its examination on the merits.

The Human Rights Committee has considered the present communication in the light of all the information made available to it, as required under article 5, paragraph 1, of the Optional Protocol.

The author has claimed that his right to freedom to impart information under article 19, paragraph 2, was violated, since when he distributed the text of the UDHR in the centre of Brest on 10 December 2000, uhe was arrested and subsequently fined to the equal of 20 minimum monthly wages. The State party has replied that the author violated the provisions of the Administrative Offences Code, because the Executive Council of Brest had designated another venue for the conduct of his meeting, that the author had gone on to organize the meeting in the City centre and had refused to conform to police instructions. From the material before the Committee, it transpires that the author’s activities were qualified by the courts as “participation in an unauthorised meeting” and not as “imparting of information”. In the Committee’s opinion, the above action of the authorities, irrespective of its legal qualification, amounts to a de facto limitation of the author’s rights under article 19, paragraph 2, of the Covenant.

The Committee recalls that article 19 of the Covenant allows restrictions only as provided by law and necessary (a) for respect of the rights and reputation of others; and (b) for the protection of national security or public order (ordre public), or of public health or morals. It further recalls that the right to freedom of expression is of paramount importance in any democratic society, and any restrictions on the exercise of this right must meet a strict test of justification⁴. In the present case, however, the State party has not invoked any specific ground on which the restrictions imposed on the author’s activity which, whether or not it took place within the context of a meeting, it is uncontested did not pose a threat to public order, would be necessary within the meaning of article 19, paragraph 3, of the Covenant.

4. See, inter alia, Communication No. 574/1994, Kim vs. the Republic of Korea, Views dated 3 November 1998 and Communication No. 628/1995, Park vs. the Republic of Korea, Views dated 20 October 1998, and Communication No. 780/1997, Vladimir Laptsevich v. Belarus, Views adopted on 20 March 2000, paragraph 8.2. ↩

The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the Covenant, is of the view that the facts before it disclose a violation of article 19, paragraph 2, of the Covenant.

In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide Mr. Velichkin with an effective remedy, including compensation amounting to a sum not less than the present value of the fine and any legal costs paid by the author. The State party is under an obligation to take measures to prevent similar violations in the future.

Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether there has been a violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy in case a violation has been established, the Committee wishes to receive from the State party, within 90 days, information about the measures taken to give effect to the Committee’s Views. [Adopted in English, French and Spanish, the English text being the original version. Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s annual report to the General Assembly.]