sentenced to death and confiscation of his property. In the same judgement, Mr. Voskoboynikov was sentenced on the same charges to 10 years’ imprisonment and confiscation of property.5 massive haemorrhage and acute traumatic shock. The courts had concluded that Mr. Bondarenko had stabbed Mr. Kourilenkov twice, which in counsel’s opinion did not and could not have been the cause of death. 4.2 To the State party, the evidence in the case clearly demonstrated that Mr. Bondarenko and Mr. Voskoboynikov were guilty of armed assault against and aggravated homicide of Mrs. Martinenko and Mr. Kourilenkov. 5.2 Counsel recalls that Mr. Voskoboynikov had admitted that he had acted alone in killing Mrs. Martinenko. The knife used to commit the murders had not been included in the file. 5.3 Counsel therefore concludes that the death sentence imposed on Mr. Bondarenko was in violation of article 6 of the Covenant. In any event, the sentence was carried out. 4.3 According to the State party, although Mr. Voskoboynikov had denied involvement in the murders, the evidence proved his guilt. The investigation and the courts were satisfied that Mr. Bondarenko and Mr. Voskoboynikov had jointly perpetrated the murders of Mrs. Martinenko and Mr. Kourilenkov, and that they had both stabbed them. Thus Mr. Voskoboynikov’s statement that he had lied during the investigation and the trial and falsely accused Bondarenko is without foundation. Additional observations from the parties 6.1 After the Committee had sent a letter to the parties on 11 July 2002 with a request to provide information on the execution of the death sentence,6 counsel submitted the following observations on 24 July 2002. She states that according to the author, the latter obtained a death certificate dated 26 July 1999, stating that her son was executed on 24 July 1999.7 Counsel further declares that the death sentences are executed in secret in Belarus. Neither the condemned prisoner nor his family are informed of the date of the execution.8 All those sentenced to capital punishment are transferred to the Minsk Detention Centre No. 1 (SIZO - 1), where they are confined to separate “death cells” and are given (striped) clothes, different from other detainees. 4.4 The State party asserts that the courts’ evaluation of Mr. Bondarenko’s and Mr. Voskoboynikov’s actions was correct. Having considered the nature of the crimes committed by Mr. Bondarenko, the great danger they represented to the public, and his motives and methods, as well as previous information that reflected negatively on the accused’s personality, the court came to the conclusion that Mr. Bondarenko constituted a particular menace to society and imposed the death penalty. 6.2 Counsel notes that executions take place in a special area by soldiers chosen from the “Committee for the execution of sentences”. The method of execution is by firing with the executioner using a pistol. The pistol is handed by the chief of the Centre to the executioner. After the execution, a medical doctor establishes a record, certifying the death, in presence of a procurator and a representative of the prison administration. 4.5 According to the State party, all aspects of the case were thoroughly considered during the preliminary investigation and the court proceedings. Accordingly, there are no grounds for challenging the judgements. 4.6 The State party closes with the information that Mr. Bondarenko’s sentence has been carried out, but provides no date. Author’s comments 5.1 In her comments of 29 January 2001, counsel refers to the State party’s contentions that the courts had correctly characterized Mr. Bondarenko’s and Mr. Voskoboynikov’s actions and that the investigation and the courts had established that they had jointly murdered Mrs. Martinenko and Mr. Kourilenkov. Counsel points out, however, that forensic evidence concluded that Mr. Kourilenkov had died of multiple wounds to the neck and to the body, the left cheek and the larynx, combined with 6 See footnote No. 2 7 See footnote No. 3. 8 The author submits a copy of article 175 of the Belarusian Criminal Execution Code. It provides in particular that death sentences are executed by shooting. During the execution a procurator, a representative of the prison where the execution takes place and a medical doctor are present. In exceptional cases, with the procurator’s permission, the presence of other persons can be admitted. The medical doctor certifies the death, and a record is established to that effect. The prison administration is obliged to inform the Court which passed the sentence, and that Court informs one of the relatives of the executed. The body of the executed is not released for burial, and the place of the burial is not communicated to the family or the relatives. 5 The Court took into account the fact that Mr. Voskoboynikov was a minor at the moment of the crime. 138