condemned prisoner, by the persisting uncertainty of
the circumstances that led to his execution, as well as
the location of his gravesite. The complete secrecy
surrounding the date of execution, and the place of
burial and the refusal to hand over the body for
burial have the effect of intimidating or punishing
families by intentionally leaving them in a state of
uncertainty and mental distress. The Committee
considers that the authorities’ initial failure to notify
the author of the scheduled date for the execution of
her son, and their subsequent persistent failure to
notify her of the location of her son’s grave amounts
to inhuman treatment of the author, in violation of
article 7 of the Covenant.
the court otherwise violated its obligation of
independence and impartiality. The information
before the Committee does not provide
substantiation for a claim that the decisions of the
Minsk Regional Court and the Supreme Court
suffered from such defects, even for purposes of
admissibility. This part of the communication is
accordingly inadmissible pursuant to article 2 of the
Optional Protocol.
9.4 The Committee considers that the author’s
remaining allegation, namely that the authorities’
failure to inform, either through the condemned
prisoner or directly, his family of the date of
execution, as well as the authorities’ failure to
inform her of the exact location of the burial site of
her son, amounts to a violation of the Covenant, is
admissible insofar as it appears to raise an issue
under article 7 of the Covenant.
11. The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol, is of
the view that the facts before it disclose a violation
of article 7 of the International Covenant on Civil
and Political Rights.
9.5 The
Committee
thus
declares
the
communication admissible to the extent outlined in
paragraph 9.4 above and proceeds to the examination
on the merits of this claim.
12. In accordance with article 2, paragraph 3 (a),
of the Covenant, the State party is under an
obligation to provide the author with an effective
remedy, including information on the location where
her son is buried, and compensation for the anguish
suffered. The State party is also under an obligation
to prevent similar violations in the future.
Consideration of the merits
10.1 The Human Rights Committee has considered
the present communication in the light of all the
information made available to it by the parties, as
provided in article 5, paragraph 1 of the Optional
Protocol.
13. Bearing in mind that, by becoming a party to
the Optional Protocol, the State party has recognized
the competence of the Committee to determine
whether there has been a violation of the Covenant
or not and that, pursuant to article 2 of the Covenant,
the State party has undertaken to ensure to all
individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant
and to provide an effective and enforceable remedy
in case a violation has been established, the
Committee wishes to receive from the State party,
within 90 days, information about the measures
taken to give effect to the Committee’s Views. The
State party is also requested to publish the
Committee’s Views.
10.2 The Committee notes that the author’s claim
that her family was informed of neither the date, nor
the hour, nor the place of her son’s execution, nor of
the exact place of her son’s subsequent burial, has
remained unchallenged. In the absence of any
challenge to this claim by the State party, and any
other pertinent information from the State party on
the practice of execution of capital sentences, due
weight must be given to the author’s allegation. The
Committee understands the continued anguish and
mental stress caused to the author, as the mother of a
140
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents