March 3, 2022
Mrs Domnica MANOLE
President of the Constitutional Court of the Republic of Moldova
Acting Chairman of the Conference
of European Constitutional Courts
Chisinau
Dear Mrs President,
Referring to my letter to you of March 1, 2022 let me address you yet on another matter.
It is well known that the armed aggression of the Russian Federation against Ukraine is not only still under way but is aggravated. As a result of this action which is a crime under international law, over 2.000 of completely innocent civilians including the elderly and children perished not to mention militarymen. These are the consequences of the aggressor state's behaviour.
However, it is frustrating that the Republic of Belarus, being a political and military satellite of the Russian Federation, is assisting in deploying troops and armament of the Russian on its own territory, thus contributing to the achievement of Russia’s goals as of an aggressor state.
Starting from February 24, 2022, e.g. the first day of a new stage of Russian war against Ukraine, systematic missile attacks on military and civilian targets in Ukraine have been carried out directly from the territory of the Republic of Belarus. The latter has resulted in mass casualties which is fully incompatible with the norms of international humanitarian law during hostilities.
The Constitutional Court of the Republic of Belarus is one of the most important institutions in the system of public authorities of this state, whose decisions, acts and inaction, in violation of the universally accepted principles of international law, provide direct assistance to the armed aggression against Ukraine from the territory of the Republic of Belarus.
Given the above stated, I apply to you, who holds the position of Acting President of the Conference of European Constitutional Courts, with the proposal to include into the agenda of the next meeting of the “Circle of Presidents” to be held in May 2022 in Chisinau (Republic of Moldova) the initiative to terminate the associated membership of the Constitutional Court of the Republic of Belarus in the Conference in accordance with paragraph 2 of Article 7 of the Conference’s Statute.
Taking into account that the purpose of establishing the bodies of constitutional control on the territory of the European continent is not only to ensure the supremacy of the constitution and its direct effect on the territory of the state, but the compliance of acts of state bodies with the norms of the fundamental law, the assertion of the ideals of the rule of law and human rights as well and first of all, we believe that the associated membership of the Constitutional Court of the Republic of Belarus in the Conference of European Constitutional Courts is no more acceptable due to the fact that it does not meet either the aims of the Conference, as they are prescribed by Article 3 of its Statute or the requirements for membership in the Conference as they are set up by Article 6 of the Statute.
We kindly ask you to inform the members of the Conference of European Constitutional Courts on the matter raised in this letter.
I take this opportunity to extend, Mrs President, the assurance of my highest consideration for to you.
Acting Chairman
of the Constitutional Court of Ukraine
(signed)
