The Death Penalty in the OSCE Area
from Oleg Gryshkovtsov and Andrei Burdyko.64 The two men had previously argued
that investigators had violated procedural regulations and the ICCPR, through extracting forced confessions. The Chairperson of the UN Human Rights Committee,
Zonke Zanele Majodina, expressed concerns that the executions violated Belarus’s
international obligations, particularly those under articles Six and 14 of the ICCPR.65
Vladislav Kovalev’s petition for clemency was also rejected by the President, according to information provided by Belarus.66 This was reportedly rejected on 14 March
2012. According to official information received from the Belarus delegation to the
OSCE, Dmitriy Konovalov did not file a clemency request.
Information to families and return of bodies
In Belarus, the death penalty is classified as a “state secret” and, under the Belarusian
Criminal Executive Code, death row inmates, the families of the convicted and the
public are not notified about the dates of executions.67 The bodies of those executed
are not handed over to their families for burial and the place of burial is kept secret,
in accordance with Article 175(5) of the Code.
Belarus did not inform ODIHR about any information it may have supplied to the
families of the five men it executed. According to Amnesty International, Burdyko’s
mother received official confirmation of his death three months later.68 The Supreme
Court refused to provide confirmation of Myalik’s execution to his relatives, stating
that the relevant body for such information is the Ministry of Internal Affairs. According to media reports, the families of Kovalev and Konovalov received letters from
the Supreme Court, dated 16 March, informing them that the executions had been
carried out.69 This notification was unusual for Belarus, which has previously contacted families weeks or months after executions. The executions of the two men were
also confirmed by state-owned media.70
Kovalev’s relatives petitioned President Lukashenko for the return of his body.71 The
Department of Corrections and the presidential administration refused the request, in
64 “Belarus: President Lukashenko denies clemency to two death row inmates”, BBC, 25 February 2011, <http://www.
handsoffcain.info/archivio_news/201102.php?iddocumento=15302565&mover=0>.
65
UN Belarus, op. cit., note 50.
66
Belarus Response, op. cit., note 28.
67
Article 175 of the Criminal Executive Code of the Republic of Belarus, 16 July 1999, amended on 25 July 2012.
68
Amnesty Belarus, op. cit., note 58.
69 “In a wake of Belarus executions, doubts about judicial process”, Radio Free Europe, 19 March 2012, <http://www.
rferl.org/content/in_wake_of_belarus_executions_doubts_about_judicial_process/24520661.html>.
70 Amnesty Belarus, op. cit., note 58.
71 “Kavalyou`s relatives appealed prohibition of extradition of his body to the UN Human Rights Committee”,
Naviny.by, 14 May 2012, <http://naviny.by/rubrics/computer/2012/05/14/ic_news_116_393024/>.
14
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