Constitutional Court ignores proposals by Homel pro-dem activist
Ihar Sluchak, former candidate for Parliament in Homel-based constituency No. 34, received a reply to his appeal issued by the Constitutional Court. In his appeal, the pro-democratic activist urged the Constitutional Court to order the review of his earlier complaint at the Supreme Court of Belarus.
The complaint
dealt with alleged electoral fraud in Homel. The former candidate argued that the
voter turnout was fabricated and the actual figure was about 35% and not “over 60%,”
as reported by the election officials. After the complaint was rejected by the
Central Election Commission, Ihar Sluchak lodged an appeal with the Supreme
Court. However, the appeal was dismissed again.
Ihar
Sluchak also urged the Constitutional Court to initiate amending the Electoral
Code in order to enable candidates to challenge election results in court.
The
Constitutional Court responded that the authority only gives its opinion on the
compliance of regulatory and legal acts on the basis of proposals from the
President, the House of Representatives and the Council of Ministers. "The
Constitutional Court has no right to interfere in the activities of government
agencies, courts, give guidance, and assess legality. Amendments
to the Electoral Code are the possible by request of the President, the House
of Representatives of the National Assembly, as well as by a petition of at
least 50 thousand citizens," says the official reply.
"The
response has nothing but references to the general legal provisions relating to
my question, but it completely ignored the special rules that allow the court
to decide the issue on its merits and take the initiative. The
general idea of the answer was that the Constitutional Court has no
jurisdiction; in fact, it was not able to make use of even a tiniest possibility,"
said Ihar Sluchak.
He
further says that even in richer countries the functions of the Constitutional
Court are performed by the Supreme Court, therefore, he believes that it is
time to carry out a reform, as the operation of the Constitutional Court
requires huge funds, while it fails to implement judicial functions. "The
12 judges could easily manifest themselves in practice in the Supreme Court,
and the funds could be spent on more necessary things, especially in these
times of crisis, that Belarus is going through now," said the activist.
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