Advance unedited version CCPR/C/133/D/2619/2015
restrictions imposed on Mr. Statkevich in the exercise of his right to freedom of expression
were justified pursuant to the conditions of necessity and proportionality set out in article 19
(3) of the Covenant. Accordingly, the Committee finds that the State party violated the
author’s rights under article 19 (2) of the Covenant.
7.12 The Committee notes the author’s claim that, by sentencing Mr. Statkevich to six
years’ imprisonment under article 293, part 1, of the Criminal Code for having organized an
unauthorized but peaceful public gathering, the State party disproportionately interfered in
the exercise of his right of peaceful assembly under article 21 of the Covenant. Such
interference is not provided for by law, since the provisions of article 293 of the Criminal
Code are too vague and broad to be able to foresee the legal consequences of one’s actions
and there is no definition of what constitutes “mass disorder” in domestic law. The
Committee recalls that the right of peaceful assembly, as guaranteed under article 21 of the
Covenant, is a fundamental human right that is indispensable in a democratic society. That
right entails the possibility of organizing and participating in a peaceful assembly, including
a spontaneous one, at a public location. While the right of peaceful assembly may in certain
cases be limited, the onus is on the authorities to justify any restrictions. Authorities must be
able to show that any restrictions meet the requirement of legality, and are also both necessary
for and proportionate to at least one of the permissible grounds for restrictions enumerated in
article 21.33 In the absence of any relevant information from the State party, the Committee
concludes that, in the present case, the State party has violated the author’s rights under article
21 of the Covenant.34
7.13 In the light of the above conclusions, the Committee does not find it necessary to
examine separately the author’s claims under article 25 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it discloses a violation by the State party of articles 7, 9 (1) and (3), 14 (1),
(2) and (3) (b), (d), (e) and (g), 17, 19 (2), and 21 of the Covenant.
9.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the author with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to provide Mikalai Statkevich with adequate compensation, expunge his
conviction from his criminal record and carry out a prompt, impartial, effective and thorough
investigation into the allegations of torture and ill-treatment and initiate criminal proceedings
against those responsible. The State party is also under an obligation to take all steps
necessary to prevent similar violations from occurring in the future.
10.
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 and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
it has been determined that a violation has occurred, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official languages of the State party.
33
34
General comment No. 37 on the right of peaceful assembly (2020), para. 36.
See, for example, Sannikov v. Belarus (CCPR/C/122/D/2212/2012), para. 6.11.
11