The Death Penalty in the OSCE Area
International Safeguards
At the 2011 Human Dimension Implementation Meeting, representatives of Belarus
stated that the death penalty is used as an exceptional measure, applied only for serious crimes and in compliance with its international obligations.
Fair trial guarantees
Both Oleg Gryshkovtsov and Andrei Burdyko filed petitions before the UN Human
Rights Committee. The Committee issued interim measures of protection under Rule
92 of its Rules of Procedure, requiring Belarus to stay the executions.53 According to
a press statement issued by the Committee in July 2011, both men had claimed that
they were subjected to torture at the pre-trial investigation stage and did not receive
a fair trial. The Committee condemned the executions, which it said amounted to a
violation of the Optional Protocol to the ICCPR, having ignored interim measures.
It reiterated the need for death sentences to be imposed only pursuant to a fair trial,
in compliance with articles Six and 14 of the ICCPR.54
Reports by human rights groups such as Human Rights Watch and the International Federation of Human Rights suggest that Vladislav Kovalev and Dmitriy Konovalov were also sentenced following a trial that violated fair trial guarantees. The
human rights groups found that the investigation was marred by serious human rights
abuses and that important information on the innocence of the two men was disregarded.55 There were allegations of forced confessions, extracted through the use of
torture. Kovalev had claimed that both men were beaten during interrogation.56 Trial
monitors reported serious procedural violations during the preliminary investigation
and the judicial examination of the case.57 According to international observers, there
was no forensic evidence linking the men to the explosion, and no traces of explosive
material were found on the clothes or bodies of the men. The prosecutors did not
present a motive for the crimes, which were allegedly of a terrorist nature.58
53
U.N. Belarus, op. cit., note 50.
54 Ibid.
55
E.U. Parliament Resolution, op. cit., note 43.
56 Amnesty International, “Belarus: two sentenced to death over Minsk bombings”, 30 November 2012, <http://www.
amnesty.org/en/news/belarus-two-sentenced-death-over-minsk-metro-bombing-2011-11-30>.
57 Ibid.
58 Amnesty International, “Belarus must release bodies of men executed over Minsk metro bombing”, 19 March 2012,
(Amnesty Belarus), <http://www.amnesty.org.uk/news_details.asp?NewsID=20010>; and Radio Free Europe, “In Wake
Of Belarus Executions, Doubts About Judicial Process”, 14 September 2012, <http://www.rferl.org/content/in_wake_of_
belarus_executions_doubts_about_judicial_process/24520661.html>.
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