The Death Penalty in the OSCE Area–Background Paper 2019
families in a timely manner goes against national legislation.204 The UN Special
Rapporteur on the situation of human rights in Belarus added that the additional
pain and suffering of relatives continues after the execution when they face “insults and degrading comments” due to the social stigma attached to the death penalty.205 With this in mind, the Human Rights Committee recommended that until
Belarus abolish the death penalty, they should amend Article 175 of the Criminal
Law Enforcement Code to avoid violation of Article 7.206 Article 175 of the Criminal
Law Enforcement Code states that the management of the institution where the
execution took place has to notify the court that imposed the death sentence.207 It is
this court that is then supposed to inform one of the close relatives. Notably, there
are no specific regulations as to when this notification should occur and no mention
of notifying wider society of executions.208
According to a public statement made by Amnesty International regarding the
alleged execution of Viktar Liotau and Aliaksei Mikhalenia, when they asked
Belarusian authorities to confirm the execution of these two men, they were told,
“we know as much as you do.”209 As of 31 March 2019, ODIHR has seen no public
confirmation from the Belarusian authorities about the execution of these two men,
although it has been widely reported, also in the most recent report of the Special
Rapporteur on the situation of human rights in Belarus.210 This reflects the complete
secrecy – at all levels, from death row inmates themselves to family members and
the wider public, to state officials and international actors.
On 6 July 2018, the Human Rights Council adopted resolution 38/14 on the situation of human rights in Belarus, thereby extending the mandate of the Special
Rapporteur for one year. In this resolution, it is clearly stated that there is deep
concern about the lack of relevant information about the use of the death penalty and adds that the Special Rapporteur should continue to monitor developments,
especially because “transparency is a requirement of fair and effective criminal
204 Committee against Torture, Concluding observations on the fifth periodic report of Belarus, op. cit., note 184,
para. 54.
205 Anaïs Marin, Report of the Special Rapporteur on the situation of human rights in Belarus, op. cit., note 47,
para. 22.
206 Human Rights Committee, Concluding observations on the fifth periodic report of Belarus, op. cit., note 175,
para 28 b.
207 Article 175 (5) of the Criminal Law Enforcement Code, in Russian: <http://etalonline.by/document/?regnum=hk0000365&q_id=799631>.
208
FIDH - HRC “Viasna”, “Death Penalty in Belarus: Murder on (Un)lawful Grounds”, op. cit., note 156, p. 66.
209 “Belarus: Amnesty International condemns execution of two more prisoners”, Amnesty International Public
Statement, 5 December 2018, <https://www.amnesty.org/download/Documents/EUR4995212018ENGLISH.pdf>.
210 Anaïs Marin, Report of the Special Rapporteur on the situation of human rights in Belarus, op. cit., note 47,
para. 19 and 20.
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents