Previously, 10 citizens have nominated a member of the Movement For Freedom (MFF) Siarhiey Vakulenka to the election commission, but he wasn’t included there. The authors of the appeal to the Supreme Court think this happened “due to his political views”.
9 out of the 10 citizens who nominated Vakulenka filed a complaint in Brest Region Court against the decision on formation of the regional election commission. However, the court refused to initiate a case reasoning that the complaint wasn’t signed by all the citizens who have nominated Vakulenka.
However, paragraph 6 of Article 34 of the Electoral Code states that a complaint may be filed “by the citizens, who nominated a representative to the commission, by submitting an application”. There is no requirement that the complaint should be signed by all of them. Therefore, according to the complainants, the court has materially violated their constitutional rights by such interpretation.
The complaint filed in the Supreme Court reads that two different rights have been confused: “There is a right of citizens to nominate their representatives to election commissions (which has a census of at least 10 persons), and there is a right to appeal against the decisions of bodies that form such election commissions (for which the Election Code provides no census).”
MFF member Dzianis Turchaniak who signed the complaint among other persons notes: “The requirement that the complaint be signed by all citizens looks absurd. A representative to an election commission may be nominated not just by 10 people, which is a compulsory minimum, but, for example, by 3,000 people. It turns out that if such citizens want to appeal against a decision of the bodies that form the election commission, signatures of all 3,000 persons will be required. Bur what if one of them suddenly dies? Then, the rest 2,999 people lose their right to appeal, do they?”
If the Supreme Court does not take a positive precedent decision, Brest citizens intend to file a complaint in the UN Committee on Human Rights.