The Death Penalty in the OSCE Area–Background Paper 2021 It has been suggested that the legislative proposals were initiated to anticipate a risk of death sentences imposed on individuals involved in the mass detention of peaceful protesters following the elections in August 2020.166 Areas of concern Lack of transparency Death sentences and executions in Belarus have been repeatedly criticized for the lack of transparency and atmosphere of secrecy in which they take place. Relatives are not informed in advance of the scheduled day of execution nor the burial place of those executed. Belarussian law classifies information on the death penalty as a “State secret”, which means that the convicted person, their lawyer and their family are not informed about the time and place of the execution. As the UN Special Rapporteur on the situation of human rights in Belarus has noted, this lack of transparency traumatizes families of those affected by the death penalty and can amount to inhuman treatment in violation of Article 7 of the ICCPR. She also noted that pending abolition, the right to an effective appeal against death sentences must be ensured in line with the ICCPR and family members of persons convicted and sentenced to death must be informed about the date and place of the execution, and also informed about the place of burial.167 The suffering and trauma experienced by death row prisoners’ family members needs to be taken into account. There are reports about the stigma faced by relatives of those sentenced to death in Belarus and limited services offered by the state specialized in psychological assistance agency to the families of those executed.168 The anxiety often experienced on death row as a result of the uncertainty caused by the threat of death at any time, can also cause severe psychological suffering for convicted individuals and may amount to torture or other ill-treatment.169 Moreover, the lack of transparency complicates the monitoring and reporting of death penalty cases.170 166 Viasna, Андрей Полуда: Власти хотят продать этот политический вопрос — отмену смертной казни в Беларуси, [Andrei Paluda: authorities make this a political question – abolition of the death penalty in Belarus], 6 January 2021. 167 Situation of human rights in Belarus, op. cit., note 144, p. 2 and 18. 168 BBC, op. cit., note 151. 169 Juan E. Méndez, “Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment”, UN Doc. A/67/279, 9 August 2011, para. 50–51. 170 Situation of human rights in Belarus, op. cit., note 144, pp., 4–5. 42