Procuracy ignores complaint about violations of electoral laws
On 21 July civil activist Pavel Nazdra addressed Homel oblast procuracy with a complaint about violations of the electoral laws. According to Article 49 of the Electoral Code such complaints must be considered within ten-day term. Now Mr. Nazdra complains against inaction of the oblast procuracy to the general procuracy and the Central electoral commission.
‘On 21 July 2008 I submitted to the procuracy of Homel oblast a complaint about violation of Article 35 of the Electoral Code of Belarus. On 22 July 2008 this complaint was accepted for consideration by Homel oblast procuracy. According to Article 49 of the Electoral Code, this complaint was to have been considered in reduced terms. The term of its consideration was extended to 30 July 2008, as it was necessary to hold a check-up of the stated violations. I was to have received a motivated answer by 30 July 2008. However, I haven’t received a motivated answer from Homel oblast procuracy to my statement on facts of violation of the Electoral Code. The check-up on these facts was not conducted. I got just unmotivated runarounds instead of a motivated answer.
On 24 July 2008 Homel oblat procuracy forwarded my complaint to the acting prosecutor of Mazyr district S.Hud.
On 7 August 2008 Mazyr district procuracy informed me that my complaint was forwarded to the head of Homel oblast executive committee A.Yakabson. According to the post stamps the letter was sent on 7 August, the day I received it. However, the date on the blank of the procuracy which was inside the envelope is 30 July 2008. It means that they put an earlier date to hide the violation of the legal terms for consideration of my complaint. Besides, the acting procurator of Mazyr district explained that I could appeal against the ruling of Mazyr district procuracy to Homel oblast procuracy.
However, it was Homel oblast procuracy to which I had passed the complaint against electoral violations on 21 July 2008. Thus, Homel oblast procuracy did not present a motivated answer within the legally established term. According to the present legislation, they are to explain their refusal to consider my application.
On the basis of the abovementioned facts I ask to hold a check-up of violation of the law of the Republic of Belarus, draw the guilty persons to account under Article 49 of the Electoral Code and issue a protest note against violations of the present legislation by procuracies and improper implementation of the office duties by them,’ runs the complaint.
Human rights activists for free elections