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Tuesday, November 24, 2015

CAPITAL PUNISHMENT IN BELARUS



 

High profile: Hundreds of those injured as well as relatives of the 15 people killed in the blast at Oktyabrskaya metro station packed the courtroom



Why Belarus Keeps Capital Punishment
Ryhor Astapenia  01 July 2013

 

'Ring of steel': Vladislav Kovalyov, right, and Dmitri Konovalov sit in a steel cage in a court in Minsk, Belarus, at the start of their trial on charges of detonating explosives at a packed metro station
On 27 June 2013, ​at the session of the Council of Europe Parliamentary Assembly Belarusian authorities stated that Belarus would not abolish the death penalty and will continue to shoot convicts. Western demands to impose a moratorium seem to follow a certain ritual without any realistic expectations.

Belarus remains the only country in Europe and on the territory of the former Soviet Union which still uses the death penalty. The data provided by the Interior Ministry states that Belarusian courts sentenced 102 people to death between 1998 and 2010. The death penalty procedure remains so secret that the authorities do not even return the bodies of the executed. Several years ago two death convicts hung themselves in their cells in order to avoid being shot, so that the authorities would give their bodies to their families. 

It should be noted that the idea of death penalty as a fair punishment remains quite popular in Belarus. On the other hand, the position of religious institutions and human rights defenders has become more noticeable in  society. The recent speech of head of the Belarusian Orthodox Christians Filaret [2] for the abolishment of the death penalty has become a considerable event in Belarus. 

How Does Death Penalty Look Like

Execution by shooting remains the form of death penalty execution in Belarus. Most of the executed are criminals that committed crimes with aggravating circumstances. The aggravating circumstances usually mean the homicide of children or elderly people, pregnant women or homicides with rape. The authorities shoot from two to nine people annually - much less than in 1990s.

The decision whether to sentence someone to capital punishment depends on a concrete judge. Andrei Zhuk, executed for a cruel homicide, wrote to his mother that the court sentenced one person for the similar crime to 25 years of imprisonment, another one – to life in prison, and him – to death.

Very often, about a year passes between the verdict until the actual execution. Aleh Alkayeu, former head of Minsk pre-trial detention centre and death sentences executor, describes the procedure of shootings in Belarus in details in his book “The Shooting Team”.

The Commission consisting of a Public Prosecutor, a Head of a detention centre and an Interior Ministry’s representative calls the death row convict to the office. In the office, the Commission informs about the rejection of the convict’s pardon appeal, then policemen put a black bandage on his eyes and lead him to the next office. There, the executioner brings the convict to his knees and shoots him in the back of the head. The whole procedure takes about two minutes.

The authorities never give the bodies of the executed to their relatives or inform them of the place of burial. Often, the relatives of the executed go around Minsk cemeteries in order to find fresh graves there, after having received written notification with information that the convict was dead. It gives no results. Relatives of one of the executed buried his personal belongings instead of the body and put a tomb stone just to have a place to commemorate the dead.

The UN Human Rights Committee demanded that the Belarusian authorities should give the bodies of the executed convicts to their families several times. However, the authorities continue to ignore these demands.

The Attitude of the Society

The death penalty has remained an issue of little importance for Belarusian society for many years. The problem of execution by shooting in Belarus proceeded to the national level only once, after the execution of Dzmitry Kanavalau and Uladzislau Kavalyou. The court sentenced them both to death for the blast in Minsk metro [3] on 11 April 2011, which took the lives of 15 people.

According to the data provided by the Independent Institute of Socio-Economic and Political Studies, 37% of Belarusian population did not believe in the convicts’ guilt [4]. This caused a wave of moods for abolition of death penalty in the society. According to IISEPS, since September 2012, 40.7% Belarusians stand up for the abolition of the death penalty, while 49.1% want to preserve it.

Human rights defenders and intellectuals stand for the death penalty's abolition rather prominently in Belarus. The Catholic Church and the Belarusian Orthodox Church raise their voices against the authorities’ policy very rarely, however, as for this issue, both denominations pursue the death penalty's abolition.

However, Belarusian society still holds to the idea that the death penalty should remain. Moreover, the Belarusian authorities have some instruments of the informational influence over the people. When the state media systematically show the pictures of cruel murders, it raises the pro-death penalty mood amongst the populace almost automatically.

When Belarusian TV-viewers see Anders Breivik sitting in a leather arm-chair smiling, they think that it is not that Belarus should abolish the death penalty - rather it’s Europe that should introduce it.


When Belarusian TV-viewers see Anders Breivik sitting in a leather arm-chair smiling, they think that it is not that Belarus should abolish the death penalty - rather it’s Europe that should introduce it.


When Belarusian TV-viewers see Anders Breivik sitting in a leather arm-chair smiling, they think that it is not that Belarus should abolish the death penalty - rather it is Europe that should introduce it.  In such situations, Belarusian society sees the attempts of human rights defenders to stop the death penalty as a step of solidarity with murderers, not as an act of humanity.

Will Belarus Abolish the Death Penalty?

The European Union has been trying to convince Belarus to abolish the death penalty for a long time. The Parliamentary Assembly of the Council of Europe set up the introduction of a Moratorium as the only condition for returning the status of specially invited to Belarus. Belarus lost this status in 1996, when the referendum made the death penalty legal. The West did not recognise the results of that referendum.

Belarus has shown no reaction to the demands of the European structures so far. The officials often say privately that “Let the EU and the Council of Europe teach the U.S. some humanity, and then demand something from Belarus”.

Although as the chart above shows, the number of executions has dropped significantly since 1990s, Alexander Lukashenka personally often said he would not go for the introduction of a moratorium as most Belarusians would object. Also, the Belarusian leader has no plans to become a member of the Council of Europe, as it would bring no major benefits for his regime. If Lukashenka wants to mend the relations with the West, he would release political prisoners and it would be enough.

Neither the Belarusian authorities nor society seems to be ready for the death penalty's abolition yet. It may take a while before Belarus will stop being the only country in Europe using death penalty. 

Ryhor Astapenia is an analyst of the Ostrogorski Centre, an editor-in-chief of Belarusian internet magazine Idea and a coordinator of BelarusProfile.com.


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