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MINISTERS’ DEPUTIES |
Information documents |
CM/Inf(2017)9 |
29 March 2017[1] |
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Abolition of the death penalty Information document by the Directorate General of Human Rights and Rule of Law on the death penalty in Belarus |
In the preparation of the exchange of views on the abolition of the death penalty in Europe at the Ministers’ Deputies 1283rd meeting (5 April 2017), the Secretariat was asked to update the information document (CM/Inf(2015)20) on the death penalty in Belarus since the last exchange of views which took place at the 1237th meeting (30 November 2016).
I. The death penalty in Belarus: recent developments
Since their last exchange of views on the abolition of the death penalty in Europe on 30 November 2016, the Ministers’ Deputies deeply deplored that, in contravention of the global trend toward abolition, two further death sentences were pronounced in Belarus:
On 28 December 2016, the Homel Regional Court handed down a death sentence to Mr Kirill Kozachek, found guilty of two murders.
On 17 March 2017, the Homel Regional Court handed down a death sentence to Mr Alexei Mikhalen, found guilty of two aggravated murders.
Moreover, in the week of 30 November 2016, it was revealed by human right defenders that three of the four men on death row in Belarus had been executed since 5 November 2016. Before this date, only one person had been executed since 2014, namely on 18 April 2016. It was the highest number of executions per year since 2008.
These developments were strongly condemned by the Secretary General, the Ministers’ Deputies as well as by the Parliamentary Assembly (PACE) general rapporteur on the abolition of the death penalty and the PACE rapporteur on Belarus.
Their official statements called on the authorities of Belarus to fully guarantee the legal rights of appeal of the convicted, urging Minsk to rapidly introduce a moratorium on the death penalty as the first step towards abolition.
It should be reiterated that the issue of death penalty application appears in the first National Human Rights Plan approved by the Belarusian Cabinet of Ministers and the President on 24 October 2016. This Inter-Ministerial Plan for the period 2016-2019 foresees the implementation of the recommendations on the basis of the universal periodic review of the United Nations Human Rights Council. On 9December 2016, a Panel Discussion “National Human Rights Action Plan: Human Rights and the 2030 UN Agenda” was organised in Minsk by the United Nations Development Programme in Belarus in partnership with the Ministry of Foreign Affairs of the Republic of Belarus.
II. Co-operation activities between the Council of Europe and Belarus on the issue of the abolition of the death penalty
Dialogue and awareness-raising with the authorities and other actors with influence on public opinion on the issue of the abolition of the death penalty has continued to be a priority for the Council of Europe. For instance, a Conference on the “Abolition of the Death Penalty and Public Opinion” took place on 13 December 2016 in Minsk. It was organised in co-operation with the Ministry of Foreign Affairs of Belarus and funded by the UK Magna Carta Fund. The Conference became an important platform for open dialogue between various stakeholders on the issue of the abolition of death penalty. The participation of non-governmental organisations and other actors of civil society, whose representatives engaged in an open and constructive debate with state officials, made it a unique event in Belarus. It also proved that the authorities of Belarus are committed to seriously discussing sensitive issues. This was particularly underlined by the Deputy Foreign Minister in his opening statements.
Unlike previous events organised in Belarus on the issue of death penalty, the Conference participants included representatives of civil society, who were perceived by the authorities as opposition, as well as members of the independent media.
The Conference took a comprehensive look at the problem from three main angles: legal, political and social. It proposed concrete steps to be taken by all stakeholders towards the eventual abolition of capital punishment in Belarus and the moratorium as the 1st step towards it. The discussion focused on the three main issues:
- ways to work with the public opinion: the role of authorities, media and the civil society;
- certain aspects of the law enforcement practice in the context of the abolition of death penalty;
- how civil society can help the state to shape the public opinion and deliver important messages.
The Conference was organised jointly by the Directorate General of Human Rights and Rule of Law and the Department of Political Affairs with the support of the Council of Europe Information point in Minsk and the British Embassy in Minsk. A number of side-events was also organised on 14 December 2016 (radio and press interviews, lectures on the abolition of death penalty in the Belarusian State University).
This event was organised in line with the Council of Europe Action Plan for Belarus for 2016-2017, which was adopted in October 2016 and agreed to jointly by the Council of Europe and the Belarusian authorities. The Action Plan foresees a specific objective on fostering dialogue on the death penalty issue.
III. Introductory memorandum “The situation in Belarus” by the Committee on Political Affairs and Democracy of the Parliamentary Assembly (April 2015) and subsequent developments
Mr Andrea Rigoni (Italy, ALDE), Rapporteur on Belarus within the Political Affairs Committee of the Parliamentary Assembly of the Council of Europe (PACE), visited Belarus on 22-25 March 2017 in the context of the preparation of his report on the situation in Belarus. On the occasion of this visit, on 23 March, the National Assembly of Belarus hosted – with the support of the Council of Europe’s Information Point - an enlarged session of its working group on the death penalty.
The last fact-finding visit to Minsk by Mr Rigoni took place in February 2015. On 20 April 2015, he issued an introductory memorandum entitled “The situation in Belarus” (AS/Pol(2015)05) in which he notes in particular with regard to the death penalty (footnotes omitted):
“41. However, I regret that no real progress has been made since my last talks in 2009 and no changes have been introduced to national legislation or in practice regulating the scope of application or executions of capital punishment. Under the Criminal Executive Code of the Republic of Belarus, executions are carried out secretly; bodies of executed persons are not handed over to families and the place of burial is kept secret. On 25 June 2014, the UN Human Rights Council adopted a resolution encouraging the Belarusian working group on the death penalty to expedite its work.
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44. On 18 December 2014, as in previous years, Belarus abstained from the UN Resolution on a moratorium on the use of the death penalty at the UN General Assembly. Alexander Lukashenko has often said he would not introduce a moratorium as most Belarusians would object. It is worth noting that a moratorium could be introduced either by decision of the parliament or by a presidential decree. Many Council of Europe member States abolished the death penalty, even against the majority within the public opinion, as it is an issue of morality and strong political will. Most member States acted in the interest of their own people, not at the request of the Council of Europe.
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46. It is worth recalling that in its Resolution 1807 (2011) on The death penalty in Council of Europe member and observer States: a violation of human rights the Parliamentary Assembly urged Belarus, which aspires to become a member State of the Council of Europe, as well as the United States of America and Japan, as observer States, “to join the growing consensus of democratic countries that protect human rights and human dignity by abolishing the death penalty”. I have consistently stressed that the authorities’ position on the death penalty is incompatible with Council of Europe values and cannot be negotiated with our Assembly. I will continue to urge the Belarusian authorities to reconsider their position on this crucial matter.”
As mentioned above, in his quality as PACE rapporteur, in 2016, Mr Andrea Rigoni participated in both international conferences related to the issue of death penalty, organised by the United Nations and Council of Europe.
IV. Recent developments as reported by international NGOs
1. Amnesty International
On 30 November, 2016, Amnesty International published the following article: “Belarus: Three sudden executions point to shameful purge of death row”, (source: https://www.amnesty.org/en/latest/news/2016/11/belarus-three-executions-feared-in-as-many-weeks-amid-sudden-and-shameful-purge-of-death-row/, accessed: 27.03.17):
“As many as three of the four men on death row in the Belarusian capital Minsk have been executed in a shameful purge since 5 November, Amnesty International revealed today after confirming with local activists.
Hard on the heels of this news the organization is launching a new online petition and video aimed at stamping out the use of the death penalty in Belarus – the last country in Europe and the former Soviet Union to still carry out executions.
“Purging death row of its prisoners is an appalling measure for any country to take. But it is additionally shameful in Belarus, where executions are typically shrouded in secrecy and carried out at a moment’s notice,” said Aisha Jung, Campaigner on Belarus at Amnesty International, who recently returned from Minsk.
“This sudden spike in executions is especially surprising in Belarus, the death penalty’s final frontier in Europe, since many believed the country was on track to eliminate capital punishment for good.”
According to the Belarusian NGO Viasna, since 5 November, Siarhei Khmialeuski, Ivan Kulesh and possibly Hyanadz Yakavitski have all been executed with a gunshot to the back of the head. The fate of the fourth man on death row, Siarhei Vostrykau, hangs in the balance following his death sentence on 19 May.
On 29 November, relatives of 31-year-old Siarhei Khmialeuski arrived at the SIZO No.1 prison in Minsk to visit him on death row, only to be informed he had been executed on an unknown date in recent weeks. They had not received letters from him for more than a month, but the prison administration accepted a payment in his name last week. His death sentence had been upheld by the Supreme Court on 6 May, for the murder of at least two people in the capital Minsk.
Siarhei Khmialeuski’s execution came swiftly after two others in recent weeks.
Ivan Kulesh, who had his death sentence upheld on 29 March for murder and robbery, was executed on 5 November. Hyanadz Yakavitski, sentenced to death on 5 January for the murder of his partner, is also believed to have been executed this month – his fate will be revealed in the coming days when his daughter attempts to visit him on death row.
The sudden string of executions comes after a long hiatus in Belarus. Before this month, only one person had been executed since November 2014 – Siarhei Ivanou on 18 April 2016.
In Belarus, the relatives of death row prisoners are typically not given advance warning or granted a final meeting before an execution takes place. In keeping with Belarusian law, the bodies of the executed are not returned to relatives for burial and their place of burial is not disclosed.
In many cases, families first learn of their relative’s death when they receive a parcel with the loved one’s prison boots and death row uniform. They are required to collect death certificates from the Belarusian authorities.
Data on the use of the death penalty in Belarus is classified as a state secret. Secrecy around the use of the death penalty constitutes cruel, inhuman and degrading treatment of the condemned person and their family members.
“Belarusian authorities take the inherent injustice of the death penalty to appalling extremes. The justice system puts immense psychological strain on the families of those it puts to death,” said Aisha Jung.
“Our campaign is calling on Belarusian authorities to join the rest of Europe and a majority of countries around the world by introducing an immediate moratorium on executions, with a view to abolishing the death penalty.”
The exact number of executions in Belarus is unknown, but local human rights defenders and journalists have worked tirelessly to uncover some information about death sentences and executions.
According to the Ministry of Justice of Belarus, 245 people were sentenced to death from 1994 to 2014. Human rights NGOs believe that around 400 people have been executed since the country gained its independence in 1991.
In 2012, the UN Human Rights Committee found that the secrecy surrounding the death penalty in Belarus amounts to inhuman treatment of the families and is a violation of Article 7 (the prohibition of torture or cruel, inhuman or degrading treatment or punishment) of the International Covenant on Civil and Political Rights (ICCPR), to which Belarus is a state party.
Amnesty International opposes the death penalty in all cases and under any circumstances. The death penalty violates the right to life as recognised in the Universal Declaration of Human Rights and is the ultimate cruel, inhuman and degrading punishment.”
2. Human Rights Watch
Human Rights Watch stated in its “World report 2017 (Events of 2016)” (pp. 121, available at: www.hrw.org) with regard to the death penalty in Belarus:
“Belarus remains the only European country with the death penalty. There were no steps in 2016 to introduce a moratorium or abolish it.
Ivan Kulesh and Siarhei Khmialeuski were executed in November 2016. Siarhei Ivanou, sentenced in 2015 for murder, was executed in April, although his complaint about violations of his rights was pending before the United Nations Human Rights Committee.
Death sentences were issued to Henadz Yakavitski for murder, Siarhei Khmialeuski for three murders, and Siarhei Vostrykau for rape and two murders. All three sentences were upheld on appeal.”