Mahiliou: Worker Accuses Court System of Belarus of Non-executing Its Functions

06.10.2006.

The worker of Mahiliou Automobile Plant Ryhor Dzivakou has submitted a complaint to the UN Human Rights Council. He states he has depleted all means of legal defense in the Republic of Belarus and accuses the legal system of non-executing its duties that are specified in the International Covenant on Civil and Political Rights.

On 29 October 2002 Mahiliou Regional Medical Commission found that as a result of a professional illness Mr Dzivakou lost 24% of his working capacity. The enterprise administration refused to compensate the loss to the worker, thereby violating the collective agreement with the employees. Ryhor Dzivakou sued to Mahiliou Kastrychintski Borough Court. The court satisfied the suit. Then the College Board on civil cases and the chair of Mahiliou Regional Court reversed the verdict of the court of first instance and decreased the compensation by eight times. They explained their decision by the hard economic situation of the enterprise. In 2003-2006 Mr Dzivakou twice applied to the Supreme Court of the Republic of Belarus which refused to completely satisfy his claims.

In his interview to RFE/RL Mr Dzivakou said:

-- I know that the consideration of my complaint will take years, but I am seeking justice and defend my human dignity as a worker who has worked at the automobile plant for 30 years.

According to the human rights activist Barys Bukhel, before this there was only one case in Mahiliou region when the UN Committee on Human Rights satisfied a citizen’s pretensions to the state. In 2000, after three-year consideration the committee decided the case in favor of the applicant, the member of Belarusian Social-Democratic Party Uladzimir Laptsevich. In 1997 Mr Laptsevich was punished for distribution of the fly-sheets that were devoted to the 79^th anniversary of Declaration of the Belarusian Peoples Republic.