Belarus executions “flagrant disregard” for international
human rights law – UN experts
GENEVA (5 December 2016) – UN human rights experts are
outraged by Belarus’ continued use of the death penalty, following reports that
two men whose cases were before the UN Human Rights Committee were executed,
despite a specific request from the Committee not to carry out the planned
executions.
“Once again, the Belarus authorities have ignored the
Human Rights Committee’s request not to carry out death sentences, pending the
examination of the cases. The decision to proceed with the execution of Sergey
Khmelevsky and Gennady Yakovitsky is unacceptable and shows flagrant disregard
for international human rights law,” said Fabian Salvioli, the Chair of the
Human Rights Committee.
Non-compliance with the Committee’s request for interim
measures to halt the executions 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. According to the
Human Rights Committee*, such requests are binding.
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.
“We reiterate our concern about the application of the
death penalty in Belarus and once again urge the Belarusian authorities to
adopt a moratorium on the death penalty, as an interim legal step toward its
full abolition. We also call on the Belarus Government to assume its
international obligations by upholding the Committee’s requests for interim
measures,” said Nigel Rodley, the Committee’s Special Rapporteur on New
Communications and Interim Measures.
Reports indicate that Mr. Khmelevsky and Mr. Yakovitsky -
who were found guilty of a series of crimes, including murder, and were
sentenced to death in the first months of 2016 - were executed in
November. Since 2010, Belarus has
executed 10 people whose cases were registered for examination by the Committee
under the Optional Protocol to the ICCPR, with a request for interim measures
to stop their execution.
“Following reports of the two executions, UN Human Rights
Committee requested the State party to provide clarification regarding the
current situation of Mr. Khmelevskey and Mr. Yakovitsky by 1 December 2016. The
deadline passed and we have no reply from Belarusian authorities,” said Nigel
Rodley.
The Human Rights Committee has indicated that it will
follow its usual practice and proceed with consideration of Mr. Khmelevsky’s
and Mr. Yakovitsky’s cases. The complaints before the Committee are that their
trial had been unfair. Mr. Khmelevsky also said he had been ill-treated by the
police; Mr. Yakovitsky said he had been kept handcuffed in a cage during the
trial. It was further alleged that both men were not brought promptly before a
judge upon arrest and had limited access to a lawyer.
ENDS
* Human Rights Committee General Comment No. 33:
http://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.GC.33.pdf
For media inquiries contact: Nicoleta Panta, +41 (0) 22
9179310/ npanta@ohchr.org
You can find the news release here:
Background: 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:
UN Human Rights, country page – Belarus:
http://www.ohchr.org/EN/countries/ENACARegion/Pages/BYIndex.aspx
UN Human Rights 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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