If the situation does not change, military dictatorship will form, and the rule of law and due process will be lost.
What will the NAM do in the area of justice system to bring closer the transition period
We will provide legal, informational and organizational support:
- Filing statements regarding public office misconduct and offences at the international level;
- Assembling a database of individuals suspected in public office misconduct for criminal and other prosecution worldwide and across various jurisdictions (in courts, internal affairs agencies, prosecutors' offices and others);
- Launching judicial proceedings under the universal jurisdiction principle, including transfer of information to international organizations about the use of torture in the Republic of Belarus;
- Creating an international mechanism and establishing an independent international investigative committee to investigate human rights violations in Belarus in accordance with OSCE recommendation;
- Gathering evidence of public office misconduct and offences, election falsification, torture committed by governmental officials on the "Uniform Crime Registration Book" platform, which documents people who have committed crimes as well as individuals who obstruct investigations (accomplices of the crime).
The NAM is also planning to inform the public about the crimes and offences, systemic violations of the law by the judicial branch and law enforcement agencies, legal acts of punitive nature and other instances, which led to the legal default in Belarus.
Priorities during the transition period, which will help restore law and order in Belarus
- Immediate halt to all politically motivated criminal and administrative persecution.
- Immediate release and rehabilitation of all political prisoners.
- Establishment of a mechanism for compensating individuals who had unlawful criminal or administrative charges brought against them. The NAM proposes to make payments from the budget with the subsequent responsibility imposed on the perpetrators as one of the mechanisms.
- An objective and impartial inquiry into all offences and crimes committed by the governmental officials while performing their official duties.
- Suspension and removal from service of individuals who are suspected in committing (or concealing) crimes against humanity, election falsifications while in office.
- Removal, termination and recruitment of new judges to courts of all levels. New recruitment of judges will be from legal scholars who have not sullied their reputation by committing or concealing crimes.
- Removal, termination and new recruitment of key law enforcement, investigative and prosecutorial personnel. New personnel will be recruited from individuals who have not sullied their reputation by committing or concealing crimes.
Judicial principles during the transition period:
- Individuals who committed crimes cannot participate in human rights violation investigations; cannot determine the accountability measures for violators, or victim rehabilitation.
- Not a single branch of government can effectively self-reform itself.
- Not a single governmental institution that was involved in serious human rights violations and abuses of power, should investigate cases of human rights violations or abuses of power, until they were reformed.
- No investigator or prosecutor, who has been implicated in the anti-constitutional persecution, can investigate or support criminal proceedings against other individuals accused of serious human rights violations and abuses of power.
- Not a single judge, who has been implicated in the anti-constitutional persecution, can review cases from victims of anti-constitutional repressions or issue a ruling against people who are accused of human rights violations and abuses of power.