The Death Penalty in the OSCE Area–Background Paper 2019
such punishment is justified. Reportedly, the Belarusian Orthodox Church supports
replacing the death penalty with other forms of punishment.182
Causes for concern
As already noted, the issues of secrecy make it difficult to report about many aspects of the death penalty in Belarus. A focus here will be placed on conditions of
detention, the effect of the lack of transparency, as well as the extent of Belarus’
co-operation with international bodies. It should be noted that Belarus abstained
from UN General Assembly resolution 73/175 on a moratorium on the use of the
death penalty.183
Allegations of torture and other ill-treatment in detention
In the concluding observations on the fifth periodic report of Belarus published on 7
June 2018, the UN Committee against Torture expressed concern about the “deplorable” conditions on death row, noting in particular reports that death row inmates
are placed in solitary confinement.184 The UN Committee against Torture went on
to highlight further areas of concern in terms of detention conditions, although not
specific to death row inmates. The UN Committee against Torture highlighted the
alleged acts of torture and ill-treatment committed by law enforcement officers and
prison personnel in places of deprivation of liberty, the inadequate staffing in those
places and the lack of information available about injuries that could reveal torture.185 Further concerns remain regarding the failure of Belarus to conduct prompt,
effective and impartial investigations into allegations of torture, which was also
highlighted in the concluding observations of the UN Human Rights Committee.186
The UN Committee against Torture therefore recommended that prison conditions
be brought into compliance with international human rights standards and that the
judgement in any capital punishment case be suspended when there are allegations
that a confession was obtained by means of torture.187 Notably, the UN Committee
against Torture also calls on Belarus to urgently consider establishing a moratorium
on executions with a view to abolishing the death penalty.
182 “Belarusian Orthodox church supports moratorium on death penalty”, Viasna, 9 October 2018, <http://
dp.spring96.org/en/news/91044>.
183 Amnesty International, “Amnesty International Global Report: Death Sentences and Executions 2018”, op.
cit., note 74, p. 53.
184 Committee against Torture, Concluding observations on the fifth periodic report of Belarus, U.N. Doc. CAT/C/
BLR/CO/5, 7 June 2018, para. 54.
185 Ibid., para. 21.
186 Human Rights Committee, Concluding observations on the fifth periodic report of Belarus, op. cit., note 175,
para. 29.
187 Committee against Torture, Concluding observations on the fifth periodic report of Belarus, op. cit., note 184,
para. 55.
38
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