In his expert opinion, Prof. Žalimas outlines that it is a paradox that the CCRB, whose constitutional mission is to safeguard the constitutional order, the supremacy of the Constitution, and the rule of law, by adopting the Position, has itself committed a manifest and grave breach of the Constitution of Belarus and the general principle of the rule of law. In the 28 page-long opinion, Prof. Žalimas elaborates on an illustration that (1) the adoption of the CCRB Position has no constitutional or any other legal ground, (2) CCRB has failed to provide any verification and argumentation regarding the credibility of the results of the Presidential elections of August 9, (3) CCRB decided on the unconstitutionality of the Coordination Council without any examination of facts and without providing any constitutional arguments. In Prof. Žalimas’ opinion, CCRB Position does not have any legal basis, it has to be perceived as a political position – a political act in support of Mr. Lukashenko, which also proves the total dependence of the CCRB on the said person.
The President of the Constitutional Court of Lithuania concludes that the adoption of the CCRB Position is an arbitrary act. In accordance with the general principle of law ex injuria jus non oritur (illegality cannot be a source of law), the Position, as a manifest and grave breach of the Constitution of the Republic of Belarus and the general principle of the rule of law, cannot give rise to any legal consequences. In particular, it cannot serve as an instrument for the legitimisation of the officially announced (by the Central Electoral Commission) results of the Presidential elections of August 9, 2020, i.e. it is not capable to legitimise Mr. Lukashenko as the head of the state. Nor can the Position be the basis for the repressions against those Belarus people who protest against unfair elections and demand new elections. More specifically, the Position cannot give any ground for the prosecution of the members of the Coordination Council or other persons involved in or associated with the activities of the Coordination Council.
The full text of the expert opinion by President of the Constitutional Court of the Republic of Lithuania Prof. Dainius Žalimas is available here.