MINISTERS’ DEPUTIES

Information documents

CM/Inf(2018)8

28 March 2018[1]

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 1314^th meeting (18 April 2018), the Secretariat was asked to update the information document (CM/Inf(2017)23) on the death penalty in Belarus since the last exchange of views which took place at the 1298^th meeting of the Ministers’ Deputies (25 October 2017).

 

I.          The death penalty in Belarus: recent developments

Since the last exchange of views on the abolition of the death penalty in Europe on 25 October 2017, in contravention of the global trend toward abolition, three new death sentences have been pronounced in Belarus.

On 20 January 2018, the Minsk City Court handed down death sentences in respect of Mr Vyacheslav Sukharko and Mr Alexander Zhilnikau. The two men, who were found guilty of aggravated murder and robbery, were initially sentenced to life imprisonment in March 2017. The prosecutor appealed to the Supreme Court, which returned the case for a new consideration. In January 2018, prosecutors requested the death penalty for both men, which resulted in the court’s new sentence. The decision can be appealed to the Supreme Court of Belarus.

In January 2018, it became known that in September 2017 another person – Mr Viktor Lyotov – was sentenced to death by Vitebsk city court. At that time, the convict was already serving a prison sentence for murder when he attacked and stabbed another prisoner to death. The court found him guilty of “murder committed with a particular cruelty”. Mr Lyotov refused to appeal.

In addition, on 20 December 2017 the Supreme Court of Belarus confirmed the death penalty for Mr Ihar Hershankou and Mr Siamion Berazhnoy, both sentenced by the Mahiliou Regional Court in July 2017.

In total, 5 death sentences were handed down by Belarusian courts in 2017 while 3 persons were sentenced to life imprisonment.

Moreover, on 7 March 2018, it was revealed by human right defenders that one man on death row sentenced in 2017 – Mr Kiryl Kazachok– was executed on an unknown date in October 2017. According to human rights NGOs which monitor the situation of the death penalty in Belarus, the execution was not reported earlier because Mr Kazachok’s mother was in hospital at the end of 2017 and was only recently informed by the authorities. It became the second execution carried out in 2017, and the 6^th since April 2016, contributing to the fastest execution pace in Belarus since 2008.

Five persons currently remain on death row in Belarus.

These developments were strongly condemned by the Parliamentary Assembly (PACE) general rapporteur on the abolition of the death penalty and the PACE rapporteur on Belarus.[2] Their official statements called on the authorities of Belarus to urgently introduce a moratorium on executions as the first step towards abolition, and to commute existing sentences.

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.

The International Commission against Death Penalty, which participated in the conference “Abolition of Death Penalty and Public Opinion” organised by the Council of Europe in December 2016, continued its activities in Belarus in 2017. Some members of the Commission participated in visits to the regions of Belarus organised by the Embassy of the United Kingdom together with Mr Andrey Naumovich, the Head of the National Assembly working group on death penalty issues, including a visit to Lida in May 2017 and to Grodno in September 2017. The visits will continue in 2018 to other regions of Belarus. The aim of these visits is to disseminate information about different mechanisms for the abolition of the death penalty among public institutions at national and local levels and to promote public discussion on the matter.

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. The authorities of Belarus expressed their willingness to seriously discuss 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 a moratorium as the first step. 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 Directorate of Political Affairs with the support of the Council of Europe’s 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.

Moreover, as follow-up to the Conference in December 2016, the Information Point supported, together with the working group of the National Assembly, a joint Council of Europe/Belarusian visit to the Minsk region in November 2017, with special attention to the dialogue with civil society at national and local levels.

It should be noted that since 2014, the Council of Europe Information Point in Minsk has been participating in the meetings of the inter-embassy working group on the abolition of death penalty, informing participants about Council of Europe activities and co-ordinating action with international stakeholders on the ground.

A group of civil society representatives and two parliamentarians from Belarus took part in the Conference on “Return of the death penalty in Europe: genuine threat or populist fiction?” on 10 October 2017 in Strasbourg, organised by the Conference of INGO’s of the Council of Europe, in collaboration with FIACAT (International Federation of ACAT, Action by Christians for the Abolition of Torture).

On 19-20 December 2017, the Director General of Human Rights and Rule of Law, Mr Christos Giakoumopoulos, visited Minsk and discussed the issue of death penalty with the major stakeholders, including the Ministry of Justice, the Office of the Prosecutor General and the MPs of the National Assembly of Belarus. He also had a two-hour bilateral meeting with the President of the Supreme Court of Belarus,
Mr Sukalo, during which a number of co-operation activities were suggested to the judiciary of Belarus to further foster a dialogue on the abolition of the death penalty. In particular, a possible visit by Belarusian judges to one of the Council of Europe member States where the death penalty was recently abolished was proposed.

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 2017, 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, with the participation of civil society, public authorities and the international community. Representatives of the Belarusian media were invited to participate in the first part of the meeting.

Previously, following his fact-finding visit to Minsk in February 2015, Mr Rigoni issued on 20 April 2015 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.

…

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.

…

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 the Council of Europe.

Following the execution of Mr Siarhei Vostrykau in April 2017, PACE adopted Resolution 2172 (2017) on
27 June 2017 calling the Belarusian authorities to “show genuine political will on the issue of the death penalty and the administration of justice”, formulating several recommendations to the Government of Belarus, including refraining from the implementation of any other death sentences, and increasing the involvement of civil society in the dialogue on the issue of abolition of death penalty. [3]

It also issued Recommendation 2107 (2017) on the same day, in which it invited, inter alia, the Committee of Ministers to continue engaging with the Belarusian authorities with a view to implementing the Council of Europe Action Plan for Belarus, paying special attention to the issue of the death penalty. [4]

IV.        Recent developments as reported by international NGOs

1.         Amnesty International

On 14 March 2018, Amnesty International published the following public statement: “Belarus: undisclosed execution comes to light”

“Amnesty International strongly condemns the execution of Belarusian death row prisoner, Kiryl Kazachok, in October 2017. News of his execution has only recently been disclosed by the family and brings the total number of known executions in Belarus in 2017 to two.

Kiryl Kazachok’s execution comes despite the Belarusian authorities’ increasingly positive rhetoric regarding abolition of the death penalty. It has been denounced by the Council of Europe and the European Union. Belarus cannot continue to ignore the regional and global momentum towards abolition, and maintain its isolated stance as the sole executioner in the whole of Europe and the Former Soviet Union. Six men remain on death row in Belarus and are at imminent risk of execution.

In Belarus, death sentences are implemented in strict secrecy and without giving adequate notice to the prisoners, their families or their legal representatives. Condemned prisoners are given no warning that they are about to be executed; instead they are taken out of their cells, told that their appeal for clemency has been turned down, and then forced to their knees and shot in the back of the head. Their families are only informed days, or sometimes weeks, later that their relative has been executed. In accordance with the Criminal Executive Code the bodies of those executed are not returned to their families and the location of the burial site is not disclosed. The UN Special Rapporteur on the situation of human rights in Belarus has stated that: “The way the death penalty is carried out in Belarus amounts to inhuman treatment.”

Amnesty International opposes the death penalty in all cases without exception. The death penalty violates the right to life as proclaimed in the Universal Declaration of Human Rights. It is the ultimate cruel, inhuman and degrading punishment. The organisation reiterates its call for Belarus to introduce an immediate moratorium on death sentences with a view to abolishing the death penalty.”

2.         Human Rights Watch

Human Rights Watch stated in its “World report 2018 (Events of 2017)”, with regard to the death penalty in Belarus:

“Belarus remains the only European country to use the death penalty and in 2017 authorities made no efforts towards its abolition.”[5]

3.         International Federation for Human Rights (FIDH)

On 6 October 2017, FIDH published a press release “Death Penalty in Belarus: Secret Executions Continue in the Middle of Europe”:[6]

“(Minsk, Paris) Ahead of the International Day against the Death Penalty on the 10^th of October, our organisations recall that executions continue to take place in the middle of Europe. Detained in conditions amounting to torture, in constant psychological anguish caused by the uncertainty of the timing of their execution, prisoners in Belarus are being killed in secrecy. FIDH and its member organisation Human Rights Centre (HRC) "Viasna" call on international organisations to use all diplomatic means in order to achieve abolition of the death penalty in Belarus and render Europe a death penalty free zone.

2016 has seen the execution of at least four prisoners in Belarus, the highest number since 2008. Such executions had been on hold for the duration of negotiations around EU restrictive measures against Belarussian officials and businesses. However, upon the lifting of sanctions in February 2016, executions resumed. In 2017, one person has been executed and three sentenced to death, including two whose sentences are under appeal.

One year ago, the report published by FIDH and HRC "Viasna" Death Penalty in Belarus: Murder on (Un)lawful Grounds, highlighted that the majority of prisoners sentenced to death come from disadvantaged social backgrounds without knowledge of their rights or access to qualified legal aid.

This emphasises the problematic put forward this year by the World Coalition against the Death Penalty: people who are socially and economically vulnerable are at a greater risk of being sentenced to death and executed.

Since publication of the report, no change has been registered in the systemic character of violations committed during investigation of death-eligible crimes in Belarus. The authorities continue to use torture and ill-treatment to force suspects to incriminate themselves in the absence of a lawyer. The situation concerning the independence of lawyers has since worsened. Death sentences issued by the Supreme Court still cannot be appealed, in violation of international norms.

The authorities in Belarus and in particular the President Lukashenka have on multiple occasions expressed support for the death penalty as a preventive measure. However, public opinion in favour of abolition has reportedly doubled since the 1996 referendum.”