On December 22nd, 2010 one of the former presidential candidates Gregory Kostusev submitted a complaint (on 32 pages) to the Central Election Commission of Belarus to recognize the results of the presidential elections in the Republic of Belarus on Dec. 19, 2010 null and void. On December 24th the CEC of Belarus rejected this complaint.
Here is a short version of this complaint:
To the Central Commission of Belarus for Elections and National Referendums
To the General Prosecutor of the Republic of Belarus
Copies: to OSCE / ODIHR Election Observation 2010, CIS Observation Mission]
APPLICANTS:
Candidate for the President of the Republic of Belarus Vladimir Neklyaev
Candidate for the President of the Republic of Belarus Gregory Kostusev
RATIONALE: on recognizing the election of the President of the Republic of Belarus 2010 null and void
Numerous documents attached to this complaint testify as the evidence of gross violations of Laws of the Republic of Belarus at all stages of the electoral process. These violations significantly influenced the preparation of presidential elections in Belarus, their conduct and the outcome of the vote.
The election campaign was held across Belarus with violations of national legislation and international standards - especially presidential elections did not meet the standards of the Copenhagen document of the CSCE (1990)
and the obligations of the Republic of Belarus in this field, which eventually led to a regular (2001, 2006) falsification of the results of the elections.
We are taking into account the time shortage for appeal (only during 3 days after December 19th, 2010) and the detention of the Candidate for the President of the Republic of Belarus Vladimir Neklyaev on December 19th along with six other presidential candidates.
At this time we present detailed, but incomplete analysis of the major violations of Belarusian Law, in connection with which the election of the President Republic of Belarus in 2010 are considered to be invalid.
1. USURPATION OF POWER BY MR. LUKASHENKO AND HIS GOVERNMENT AND WITHHOLDING OF POWER BY UNCONSTITUTIONAL MEANS. ILLEGAL PARTICIPATION OF MR. LUKASHENKO IN PRESIDENTIAL ELECTIONS 2010.
1.1. Trampling of the legislative framework of the electoral system of the Republic of Belarus by Mr. Lukashenko.
Finding Mr. Lukashenko in office till now without any restrictions made possible by the national referendum initiated and conducted by him and his government.
Referendums which established an unrestricted usurpation of power by Mr. Lukashenko were initiated and conducted in 1995, 1996 and 2004: in 1995 Belarussian historical (national) state symbols were replaced for the sake of the personal political and ideological principles of Mr. Lukashenko; in 1996 the main principle of separation of powers was abolished and without any elections his term in office was extended for two years; and in 2004 the constitutional limits on the tenure of the President of the Republic of Belarus were finally removed.
Due to the referendum of 1996, the results of which could only be recommended by law, the Constitution of the Republic of Belarus has been amended and changed, and the president's powers have been illegally additionally expanded and extended until 2001.
The appointment by Mr. Lukashenko of referendum 1995-1996 was based on his personal decrees and could be considered by international law as an usurpation of legislative power.
Special Commission of the Supreme Council of XIII-th Convocation on a legal assessment of violations by the President Lukashenko of the Constitution and Laws of the Republic Belarus, led by Viktar Hanchar
made a conclusion that his actions by holding a referendum in 1996 to change a Constitution was a CRIME, and according to the Article 61-1 of the Criminal Code (hereinafter - CC) of the Republic of Belarus (1960) was considered as "a conspiracy to seize the government". This parliamentary committee concluded that since July 20th, 1999, the presidency of Mr. Lukashenko lost its legitimacy.
[Viktar Hanchar was a Belarusian politician who disappeared in Minsk on September 16, 1999, along with his friend, the businessman Anatol Krasouski. Both of them were abducted and executed on the order of people close to president Lukashenko. Investigation of the disappearance of Hanchar and Krasouski is one of the basic charges of the Belarusian opposition, and is also mentioned in the documents of international organizations.]
The next step was the publication by Mr. Lukashenko on September 7, 2004, a decree № 431
"About the Purpose of the Referendum 2004." As a result of this referendum the illegal changes were made to the Constitution of the Republic of Belarus which lifted the restrictions on only two presidential terms at the office.
The referendum on Oct. 17, 2004 was carried out with gross violations of all norms of the electoral law and democratic principles, outlined in the Copenhagen Document, supported by the Republic of Belarus. The results of the referendum were not recognized by democratic community of Belarus and international organizations (Council of Europe, PACE, European Union, OSCE, etc.).
The results of the referendum 2004, held in clear violation of the Constitution and laws of the Republic of Belarus, should be null and void.
Actions of Mr. Lukashenko to initiate and conduct a referendum on removal of constitutional restrictions on staying in power for more than two terms fall under signs of crime, responsibility for which is provided in Part 3, Article 424, Article 357 and Part 2 of the Criminal Code (abuse of power with the purpose of unconstitutional holding).
In addition, the organization and conduct of referendum passed with egregious violations of the electoral and other laws of the Republic of Belarus.
Multiple belarussian citizens´ appeal to the prosecutor's office (in 2004, 2006 and subsequent years) with the demand to bring against Mr. Lukashenko criminal proceedings under Articles 357 and 424 of the Criminal Code were declined with no proper legal explanation.
On the eve of the elections 2006 discriminative legislative Benefits (Amendments to the Criminal Code, etc.) for the incumbent running for a new term were established. Shortly before the election campaign, Mr. Lukashenko legalized presidential decrees number 8, 11, 20, which tightened the legal framework for political parties, associations, creating limited opportunities for mass actions of opposition, mass protests.
In the legislative basis for the preparation and holding of presidential elections 2010 were made only such changes (amendments to the Electoral Code), which have left enduring legal framework for the system of rigged elections and the absolute dominance in the elections of only one candidate - the incumbent Mr. Lukashenko.
Thus, the seizure of state power, abuse of power and its retention in unconstitutional way still should be incriminated to Mr. Lukashenko. Since July 20th, 1999 Alexander Lukashenko is considered to be illegitimate president of Belarus.
1.2. Unlawful retention of power by illegitimate president Lukashenko is accompanied by methods of force and political repressions.
Mr. Lukashenko is suspected in involvement of political killings and disappearances in Belarus. In 1999-2000, his political opponents Yuriy Zakharenko, Victor Gonchar, Anatol Krasovski and Dmitriy Zavadski disappeared by force. In some documents of international organizations to these abductions, and perhaps, physical liquidation (executions without a trial) the involvement of Belarussian KGB (death squad) and higher officials of Belarus (V. Sheiman, J. Sivakov, Naumov, N. Vasilchenko, D. Pavlichenko, etc.) is documented.
The above actions for unlawful retention of power, are qualified according to the Part 3. of Article 357 of the Criminal Code (keeping state power by unconstitutional means, entailing the loss of life or associated with murder) and Article 128 of the Criminal Code (crimes against the security of mankind -the systematic abduction, followed by their disappearance, committed in connection with the political beliefs of the civilian population). According to the Article 128 there is no period of limitation for such crimes.
Mr. Lukashenko´s inaction and inability, as the head of state, to investigate the disappearances incur additional suspicions to his personal interest and, possibly, direct involvement in these disappearances.
In addition, in the Republic of Belarus in recent years a number of unjust (in the opinion of the public) criminal proceedings took place in the result of which the political opponents of Lukashenko, in particular Candidate for President of Aleksander Kozulin, were sentenced to various kinds of penalties, including imprisonment during the presidential elections of 2006.
Multiple belarussian citizens´ appeal to the prosecutor's office (in 2004, 2006 and subsequent years) with the demand to bring against Mr. Lukashenko criminal proceedings under the Article 128 of the Criminal Code were declined with no proper legal explanation.
Thus, Mr. Lukashenko who is holding state power illegally resorts to repressive measures against political opponents, and is suspected to be involved in violent disappearance of some of them.
1.3. Mr. Lukashenko and his subordinate officers are using illegal detention authorities to rigg the results of the elections in Belarus 2010.
After the last presidential election in 2006, Mr. Lukashenko, who illegally took up the post of President of the Republic of Belarus has repeatedly directly admitted that he had instructed to falsify the results of elections. Such statements of Mr. Lukashenko require thorough analysis and legal evaluation by the prosecution system of Belarus and international authorities, because they contain information about the crime.
In conclusion: All of the above suggests that Mr. Lukashenko who from July 20, 1999 is considered an illegitimate president of Belarus, usurp and retain power illegally, by lies, falsifications and repressions. The participation of Mr. Lukashenko in all previous presidential elections (except in 1994), and in the elections of 2010 is illegal.
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