The Death Penalty in the OSCE Area–Background Paper 2018 Death sentences between 1 April 2017 and 31 March 2018 According to the information received, national courts in Belarus imposed five death sentences during the reporting period. This is the highest number of death sentences handed down since 2006. In its response to the 2018 ODIHR questionnaire, Belarus confirmed that during the reporting period no presidential pardons were granted. The following persons were sentenced to death: Mr. Ihar Hershankou, 35 years of age,16 and Mr. Syamyon Berazhny, 30 years of age, were sentenced to death on 21 July 2017 by the Mahilyou Regional Court.17 The Supreme Court upheld their sentences and the judgments came into force on 20 December 2017. The applications for the presidential pardons of both convicts are pending before the President of the Republic of Belarus. The court proceedings of Hershankou and Berazhny have attracted widespread public attention, as well as from national and international organizations. Local media reported that Berazhny claimed to have been beaten, threatened by prison staff and forced to confess.18 According to another Belarusian media source, Hershankou’s mother appealed to the Investigative Committee with a complaint concerning her son’s alleged mistreatment in prison. She also claimed that his right to correspondence was violated and that he had not been able to receive or send letters from the place of detention.19 On 21 July 2017, the EU condemned the sentencing to death of Hershankou and Berazhny, calling on Belarus to commute all remaining death sentences and to introduce a moratorium on the death penalty as a first step towards its abolition. The EU stated that the death penalty “goes counter to Belarus’ stated willingness to engage with the international community” and that the death penalty “violates the right to life and is the ultimate cruel, inhuman and degrading punishment.”20 16  Age at the date of the sentencing. 17  In its reply to the 2018 ODIHR questionnaire, the Republic of Belarus stated that Mr. Hershankow and Mr. Berazhny were found guilty of “intentional murder in order to conceal another crime involving a robbery which was committed by a group of persons including a person who had previously committed murder; the preparation for a premeditated murder; the use of violence dangerous to the life and health of the victim, with the aim of seizing property in a particularly large amount, committed repeatedly, by an organized group, causing serious injury; seizing property by deceit and abuse of confidence, committed repeatedly, by an organized group, on an especially large scale and on other crimes.” See also: “Amnesty International Global Report: Death Sentences and Executions 2017”, Amnesty International, 2018, <https://www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF>, (hereafter, “Amnesty International Global Report: Death Sentences and Executions 2017”). 18  “Приговоренные к смерти «черные риелторы»: Показания из нас выбивали силой”, Tut.by новости, 18 декабря 2017, <https://news.tut.by/society/573431.html?crnd=2460>. 19  “Приговоренный к смерти Игорь Гершанков намерен начать голодовку”, Naviny.by Белорусские новости, 26 июня 2018, <https://naviny.by/article/20180626/1530011180-prigovorennyy-k-smerti-igor-gershankov-nameren-nachat-golodovku>. 20  “Statement by the Spokesperson on two new death sentences in Belarus”, European External Action Service, 21 July 2017, <https://eeas.europa.eu/headquarters/headquarters-homepage_hu/30248/Statement%20by%20 the%20Spokesperson%20on%20two%20new%20death%20sentences%20in%20Belarus>. 10

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