ECHR does not speak of need to adopt law on peaceful assembly in Ukraine – human rights activist
Kyiv, November 19 (Interfax-Ukraine) – The European Court of Human Rights (ECHR) said in its judgment of November 14 in the "Shmushkovych vs. Ukraine" case that the interference with the right to freedom of peaceful assembly in Ukraine on the basis of a decree of the Presidium of the Supreme Soviet of the USSR of 1988 is illegal, a human rights activist and expert of For a Peaceful Protest! all-Ukrainian initiative, Volodymyr Chemerys, has said.
"This was stated for the first time in the 'Shmushkovych vs. Ukraine' case," he said at a press conference at the Interfax-Ukraine news agency on Monday.
"Unfortunately, the Ukrainian courts still believe that such a decree is still valid."
In addition, Chemerys said, the court, as in the case "Verentsov vs. Ukraine," ruled that the application of Article 185-1 of the Code of Administrative Offences in similar situations is illegal.
Chemerys also said that the court judgment contains a concurring opinion of ECHR judge from Ukraine Stanislav Shevchuk, who believes that it is not necessary to adopt a special law on peaceful demonstrations in Ukraine, which the Ukrainian authorities have sought for a long time.
"Judge Shevchuk said that the talk about the need to adopt a special law means that the constitution has no direct effect. It's not so, and Article 39 of the Constitution of Ukraine guarantees freedom of peaceful assembly. Adopting a law on freedom of peaceful assembly is nonsense. Freedom cannot be stipulated by a certain law, and the procedure for implementing this freedom cannot be established, because it is freedom."
"The European Court demands that Ukraine reform its legislation, rather than adopt a special law, which is not the same thing," he said.
Chemerys said that two bills on peaceful assembly had been registered in the Verkhovna Rada, one registered by Batkivschyna MP Andriy Shevchenko (No. 2508a) and another by UDAR MP Volodymyr Kurinny (No. 2508a-1).
"A vote on them was planned for November 7, but all opposition factions said they would not vote, first and foremost, for the so-called bill of Miroshnychenko and Shevchenko. Therefore, the conciliatory council did not put this bill to the vote at the request of the president's representative in parliament, Yuriy Miroshnychenko. Thus, these documents have been postponed for an indefinite term," he said.
Mykhailo Shmushkovych, vice-president of Zelyonka, a non-governmental youth organization and a member of Odesa City Council, was fined by Prymorsky District Court of Odesa in May 2009 for holding on March 19, 2009 a rally outside the building of the city council, demanding the completion of the construction of residential buildings contracted by the council's department of construction. In July 2009, Odesa Regional Court of Appeals upheld the ruling of the court of first instance.