The Death Penalty in the OSCE Area
Fair-trial guarantees
In November 2004, after a visit to Belarus, the UN Working Group on Arbitrary
Detention noted with concern the excessive power given to prosecutors and investigators
during the period of pre-trial detention, and that investigations are carried out
without effective oversight by a judge.41 The Working Group also expressed concern
regarding the procedure used for appointing and dismissing judges, which does not
guarantee their independence from the executive branch, and also regarding the lack
of independence of lawyers and of the National Bar Association.42 In January 2007,
the UN special rapporteur on the situation of human rights in Belarus expressed his
concern that Belarus is the last country in Europe to apply the death penalty. He noted
that “[t]rials are often held behind closed doors without adequate justification, and
representatives of human rights organizations are denied access to courts to monitor
hearings. Punishments are often totally disproportionate. The right to appeal is limited
as the Supreme Court acts in many cases as the court of first instance, leaving no
possibility for appeal.”43
Pardon or commutation
The Constitution gives the president authority to grant clemency, and the death
penalty may be commuted to life imprisonment.44 Appeals are initially considered
by the Clemency Commission. The cases of all individuals sentenced to death are
automatically considered regardless of whether the sentenced person has submitted an
appeal for clemency.45 In the period from 30 June 2006 to 30 June 2007, the president
did not grant clemency.
Relatives
Relatives are not informed in advance of the date of execution. The administration
of the institution where the execution is carried out is obliged to notify a close
relative about the execution. The body is not returned, and the place of burial is
41 Report of the Working Group on Arbitrary Detention (Mission to Belarus), U.N. Doc. E/
CN.4/2005/6/Add.3, 25 November 2004, p. 2.
42
Ibid.
43 Report of the Special Rapporteur on the situation of human rights in Belarus, Adrian Severin, U.N.
Doc. A/HRC/4/16, 15 January 2007, para. 14. On 18 June 2007, the UN Human Rights Council removed
Belarus from the list of countries whose human rights records receive special scrutiny; accordingly, the
special rapporteur on the situation of human rights in Belarus was not reappointed.
44
Article 84 (19) of the Constitution.
45 Presidential Decree No. 250 “On the introduction of the regulation of provisions for pardoning
procedure in the Republic of Belarus”, 3 December 1994.
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