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. 15