Execution shows Belarus’ “callous disdain” for international human rights law – UN experts

GENEVA (13 May 2016) – UN human rights experts today condemned Belarus’ continued use of the death penalty amid reports that a man whose complaint was before the UN Human Rights Committee had been executed, despite a specific request from the Committee for a stay of execution.

“I am appalled by reports of the recent execution of Sergey Ivanov by the Belarusian authorities,” said Miklós Haraszti, the UN Special Rapporteur on the situation of human rights in Belarus. The human rights expert also voiced grave concern at news that another defendant, Sergei Khmelevsky, was sentenced to death by a court on 6 May. "The news testifies to the lack of progress on the human rights situation in Belarus," he said. 

The Human Rights Committee had requested the Belarusian authorities not to carry out the sentence, pending the examination of Mr. Ivanov’s case. Non-compliance with the Committee’s request for interim measures constitutes a violation, by Belarus, of its obligations under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) to which it is a State party. Such requests are binding as a matter of international law.

"The decision to proceed with the execution of the death penalty amounts to both a callous disdain for and a grave breach of Belarus’ international human rights obligations,” said Sir Nigel Rodley, the Human Rights Committee’s Special Rapporteur on New Communications and Interim Measures.

Reports indicate that Mr. Ivanov, who was found guilty of murder and sentenced to death in 2015, was executed on around 18 April this year. This means that since 2010, Belarus has executed eight people whose cases were registered for examination by the Committee under the Optional Protocol to the ICCPR.

Belarus remains the only country in Europe and Central Asia that applies the death penalty, despite repeated calls for its abolition from many in the international community, including the members of the European Union and the Council of Europe.

Mr. Haraszti once again urged the Belarusian authorities to adopt a moratorium on the death penalty, as an interim legal step towards it full abolition. "In the meantime, the President could use his power to commute death sentences into life sentences. I note however, that the President, to my knowledge, has never resorted to such a power, refusing to show leadership on the issue”, Mr. Haraszti said.

Irrespective of Mr. Ivanov’s execution, the Human Rights Committee will follow its usual practice and will consider Mr. Ivanov’s case. Mr. Ivanov’s brother had petitioned the Committee, arguing that Mr. Ivanov’s trial had been unfair. During the trial, he remained handcuffed and was obliged to wear special clothes with the label “capital punishment” on them. It was also alleged that he was not brought promptly before a judge upon arrest and had limited access to a lawyer.

The Special Rapporteur on extrajudicial, summary or arbitrary executions  endorses this statement.

ENDS

For more information and media requests please contact Alexandre Girard +41 22 917 91 80 agirard@ohchr.org or Liz Throssell +41 22 917 9466  ethrossell@ohchr.org

Mr. Miklós Haraszti (Hungary) was designated as Special Rapporteur on the situation of human rights in Belarus by the UN Human Rights Council in 2012. Learn more, log on to:  http://www.ohchr.org/EN/HRBodies/SP/CountriesMandates/BY/Pages/SRBelarus.aspx

Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world.

The Human Rights Committee is one of 10 committees, known as Treaty Bodies, that monitor implementation by States of the core international human rights treaties, in this case the International Civil and Political Rights (ICCPR):  http://www.ohchr.org/en/hrbodies/ccpr/pages/ccprindex.aspx

Human Rights Committee individual complaints procedure: http://www.ohchr.org/EN/HRBodies/TBPetitions/Pages/HRTBPetitions.aspx

Mr. Christof Heyns  (South Africa) was designated as Special Rapporteur on extrajudicial, summary or arbitrary executions  by the UN Human Rights Council in 2010. Learn more, log on to: 
http://www.ohchr.org/EN/Issues/Executions/Pages/SRExecutionsIndex.aspx

UN Human Rights, country page – Belarus: http://www.ohchr.org/EN/countries/ENACARegion/Pages/BYIndex.aspx

Special Procedures’ experts and Committee members are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

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