A/HRC/32/48
buried in unmarked graves.16 This practice is maintained despite the numerous
recommendations made by United Nations bodies and peer procedures over many years.
99.
Since the previous report of the Special Rapporteur to the Human Rights Council,
three sentences to death penalty have been announced. On 20 November 2015, Ivan Kulesh
was sentenced by the Hrodna regional court. The sentence was confirmed by the Supreme
Court on 29 March 2016. On 5 January 2016, Henadz Yakavistki was sentenced by the
Minsk regional court. On 16 February, Sergei Khmelevsky was sentenced by the Minsk
regional court.
100. The Government has continued its policy of disregarding deliberations pending
before the Human Rights Committee and proceeding with executions. On 6 November
2015, the Human Rights Committee concluded that the execution of Pavel Selyun on 17
April 2014, despite a request for interim measures of protection, was a violation of article
14 of the International Covenant on Civil and Political Rights owing to the use of torture,
and article 6 of the Covenant owing to the denial of the person’s right to life
(CCPR/C/115/D/2289/2013, communication No. 2289/2013).
101. The recommendations made at the second universal periodic review on the
ratification of the Second Optional Protocol to the International Covenant on Civil and
Political Rights (A/HRC/30/3, paras. 130.1 to 130.9) did not enjoy the support of the
Government of Belarus; the Special Rapporteur maintains serious doubts on the professed
goodwill of the authorities to put an end to the practice described above. Furthermore, the
parliamentary working group on the death penalty, the establishment of which in 2012 had
been viewed as a positive development by the Special Rapporteur, has yet to issue any
constructive conclusions.
102. The State has made no progress on recommendations it supported, such as on
conducting public campaigns to explain arguments in favour of the abolition of the death
penalty, with the aim of ratifying the Second Optional Protocol to the International
Covenant on Civil and Political Rights (A/HRC/30/3, para. 127.1), nor on examining
recommendations with regard to the establishment of a moratorium on the death penalty
(ibid., paras. 129.31 to 129.49).
103. In the highly centralized decision-making system of Belarus, the absence of any
progress on the issue of death penalty, such as the commutation of the death sentence to a
life sentence or the imposition of a practical moratorium on executions, can be explained as
primarily a lack of political will of the authorities of Belarus.
I.
Electoral system
104. The presidential election of 11 October 2015 was monitored by an election
observation mission of the OCSE Office for Democratic Institutions and Human Rights,
which issued its report on 28 January 2016.17 In its report, the mission referred to a number
of administrative improvements and certain goodwill gestures by the authorities to engage.
It noted the absence of violence against opposition rallies that had marred the 2010 election,
although it underlined the overall lack of progress, especially in the crucial domains of
media rights, the verifiability of voter turnout, the transparency of vote counting and the
inclusiveness of election committees.
16
17
Civil Rights Defenders, “Human Rights in Belarus”, 7 July 2015.
OSCE, “Belarus, Presidential Elections”, 28 January 2016 (see footnote 1).
17
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