THE DEATH PENALTY IN THE OSCE AREA Pardon or commutation The Constitution gives the president authority to grant clemency, and the death penalty can be commuted to life imprisonment.49 Appeals are initially considered by the Clemency Commission. The cases of all persons sentenced to death are automatically considered regardless of whether the sentenced person has submitted an appeal for clemency. Relatives Relatives are not informed in advance of the date of execution. The body is not returned, and the place of burial is not disclosed.50 The UN Human Rights Committee has found the treatment of the relatives of persons sentenced to death in Belarus to amount to inhuman treatment in violation of Article 7 of the ICCPR.51 The Human Rights Committee stated that the complete secrecy surrounding the date of execution, 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. In addition, the UN Committee against Torture has also expressed concern about the reported refusal to return the bodies of those executed to their relatives.52 49 50 51 52 Article 84(19) of the Constitution. Article 175, Criminal Executive Code. CCPR/C/77/D/887/1999, 24 April 2003, and CCPR/C/77/D/886/1999, 28 April 2003. Concluding Observations of the Committee against Torture, 20 November 2000. 20