CCPR/C/128/D/2789/2016 United Nations International Covenant on Civil and Political Rights Distr.: General 24 June 2020 Original: English Human Rights Committee Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2789/2016*, ** Communication submitted by: Gennady Yakovitsky and Aleksandra Yakovitskaya (represented by counsel, Andrei Paluda) Alleged victim: Gennady Yakovitsky (deceased) and Aleksandra Yakovitskaya State party: Belarus Date of communication: 15 July 2016 (initial submission) Document references: Decision taken pursuant to rule 92 of the Committee’s rules of procedure, transmitted to the State party on 19 July 2016 (not issued in document form) Date of adoption of Views: 12 March 2020 Subject matter: Imposition of a death sentence after an unfair trial Procedural issues: Failure of the State party to cooperate; nonrespect of the Committee’s request for interim measures; non-exhaustion of domestic remedies Substantive issues: Arbitrary deprivation of life; habeas corpus; right to a fair hearing by an independent and impartial tribunal; right to be presumed innocent Articles of the Covenant: 6 (1) and (2), 9 (1)–(4) and 14 (1), (2) and (3) (a), (b) and (d) Articles of the Optional Protocol: 1, 2 and 5 (2) (b) 1.1 The author of the communication is Aleksandra Yakovitskaya, a national of Belarus born in 1989. She has submitted the communication on behalf of her father, Gennady Yakovitsky, a national of Belarus, born in 1967, who was at the material time detained on death row awaiting execution, following the imposition of a death sentence by a court. The author claims that the State party has violated her father’s rights under articles 6 (1) and (2), * Adopted by the Committee at its 128th session (2–27 March 2020). ** The following members of the Committee participated in the examination of the present communication: Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Christof Heyns, Bamariam Koita, Marcia V.J. Kran, Duncan Laki Muhumuza, Photini Pazartzis, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène Tigroudja and Gentian Zyberi. GE.20-08311(E) 