The Death Penalty in the OSCE Area
Kovalev filed a supervisory complaint with the Supreme Court, stating his disagreement with the Court’s sentence. This complaint was received by the Belarusian
authorities who, according to their response to ODIHR’s questionnaire, considered
the arguments made therein. Reasons for rejecting the complaint were not stipulated
in the response, which simply stated that the arguments put forward by Kovalev were
not corroborated by evidence. The Belarusian response also stated that the prisoner
and his lawyer were notified of the decision, though a date was not provided. According to Viasna, a Minsk-based human rights NGO, the execution took place before the
supervisory complaint was reviewed.59 Kovalev also submitted a petition to the UN
Human Rights Committee, after which the Committee requested that Belarus stay
the executions while it reviewed and issued a decision on the case.60 The Committee
criticized the executions, stating that Belarus violated its international obligations
by imposing death sentences on individuals whose right to fair trial may have been
violated.61
A report published by ODIHR in November 2011, pursuant to trial monitoring conducted in Minsk between March and July of that year, raised a number of
concerns with regards to Belarus’s compliance with fair trial standards and OSCE
commitments. The trials covered in ODIHR’s report were of individuals who were
charged with crimes in the aftermath of the events in central Minsk following the
elections on 19 December 2010 and did not include capital cases.62
Amnesty, pardon or commutation
No clemencies or commutations were granted during the reporting period. No death
sentences were overturned on appeal.63 The President rejected a request for clemency
by Igor Myalik. On 25 February 2011 the President rejected requests for clemency
59 “Europe condemns executions of Kovalev and Konovalov”, www.telegraf.by, 18 March 2012, <http://telegraf.by/
en/2012/03/evropa-osudila-rasstrel-kovaleva-i-konovalova>.
60 “Belarus: abolish death penalty”, Human Rights Watch, 19 March 2012, <http://www.hrw.org/news/2012/03/19/
belarus-abolish-death-penalty>.
61 “World report 2012: Belarus”, Human Rights Watch, <http://www.hrw.org/world-report-2012/world-report2012-belarus>; The European Union also condemned the executions. The EU foreign policy chief, Catherine Ashton,
criticized the executions, stating that the accused individuals were not accorded their due process rights, including the right
to defend themselves. Ashton urged Belarus to impose a moratorium, emphasizing the European Union’s opposition to the
death penalty, which it considers a form of cruel and inhuman punishment. See: “Statement by the Spokesperson of High
Representative Catherine Ashton on the execution of Uladzislaw Kavalyow in Belarus”, www.eeas.europa.eu, 17 March
2012, <http://eeas.europa.eu/delegations/belarus/press_corner/statements_belarus/spanish_statement_on_belarus_/statements/17_03_2012_en.htm>.
62 “OSCE/ODIHR report on trial monitoring in Belarus(March-July 2011)”, 10 November 2011, <http://www.osce.
org/odihr/84873>.
63
Belarus Response, op. cit., note 28.
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