UN Human Rights Council registers complaint against BAJ’s illegal liquidation
The Chairman of BAJ, Andrei Bastunets, submitted an individual communication on the actions of the Belarusian authorities in February 2023. He considers the decision to liquidate BAJ “illegal and unjustified,” which violates the International Covenant on Civil and Political Rights. The head of the BAJ Legal Center, Aleh Aheyeu, shared this with the editors.
“We managed to file a complaint just before the Lukashenka regime denounced the Optional Protocol, which enables Belarusians to complain to the UN.
Accordingly, it’s a sign that the case on the liquidation of BAJ will be considered by the most authoritative body in the world that monitors the implementation of the International Covenant on Civil and Political Rights by states,” the lawyer said.
In 1992, Belarus ratified the Optional Protocol to the International Covenant on Civil and Political Rights. However, in November 2022, Lukashenka signed a law denouncing this document, which has effectively deprived the citizens of Belarus of the opportunity to file complaints to the UNHRC. BAJ was one of the last victims of human rights violations to appeal to the UNHRC.
“All decisions of the UNHRC must be implemented by the authorities, if not by the current ones, then by those to come. Consequently, this presents an opportunity for BAJ and all other parties who have taken the initiative to appeal to the UNHRC to restore their rights in the event of a change in the political regime. Furthermore, it marks the beginning of the restoration of BAJ’s legal activities following political changes in the country. The decisions of the HRC are not subject to a statute of limitations. If the UN deems that a decision has not been implemented, it will demand that the authorities do so,” Aleh Aheyeu stated.
BAJ liquidation timeline
The BAJ public association was established in 1995 and currently has over 1,300 members.
On 27 August 2021, the Supreme Court liquidated BAJ.
Two searches were conducted prior to this decision, on February 16 and July 14, 2021. The second search was conducted by unknown individuals in the absence of BAJ representatives. They sealed the premises of the organization where all the documents were located. The following day, July 15, the Ministry of Justice sent a written warning to the organization. BAJ was effectively unable to meet the Ministry’s requirements, and it informed the Ministry of Justice of this. However, on July 21, the Ministry announced it would file a lawsuit to liquidate BAJ.
In January 2022, Andrei Bastunets filed a complaint with the deputy chairman of the Supreme Court about the liquidation of BAJ in the supervisory procedure. However, on February 24, 2022, the Supreme Court dismissed the appeal.
In his formal complaint, BAJ Chairman Andrei Bastunets asserted that the issuance of a written warning to BAJ by the Ministry of Justice, as well as the decision of the Supreme Court to liquidate BAJ, constitutes a violation of his right to freedom of association, as guaranteed by Article 22 of the International Covenant on Civil and Political Rights.