Relatives of executed death convict Uladzislau Kavaliou appeal against refusal to disclose place of his burial

2013 2013-06-11T19:44:44+0300 1970-01-01T03:00:00+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”
Liubou Kavaliova

Liubou Kavaliova

His mother Liubou Kavaliova and sister – Tatsiana Kaziar, filed an appeal to the Ministry of Internal Affairs against the refusal of the Department of Corrections to report his place of burial. The relatives applied to the Department of Corrections with such a request on 25 April, but received a denial on 8 May. First Deputy Head of the Corrections Department of the Ministry of Internal Affairs S. Pratsenka only stated that "the order of execution is strictly regulated by Article 175 of the Penal Code of the Republic of Belarus in accordance with which the sentence of death is executed only after the receipt of the denials on the supervisory appeals and the petition for clemency. The death penalty is executed by shooting and is non-public. The body is not issued for burial, the place of burial is not reported."In their address to the Ministry of Internal Affairs and Liubou Kavaliova and Tatsiana Kaziar insist that the T. L. Kovalev Kozyar insist that the provision of paragraph 55 of Article 175 of the Criminal Executive Code, "the place of burial is not reported", is void due to its incompatibility with Article 7 of the International Covenant on Civil and Political Rights. They support their position by opinion of the Committee on the Human Rights Council in the case of Uladzislau Kavaliou, according to which "the complete secrecy surrounding the date of execution and burial sites as well as the denial of the body for burial in accordance with the religious beliefs and practices of the family of the executed prisoner created the effect of intimidating and punishing families by intentionally leaving them in a state of uncertainty and mental stress. Under these circumstances, the Committee agreed that these elements in the aggregate, as well as the subsequent persistent refusal of the State party to inform the authors about the place of burial of Uladzislau Kavaliou constitute inhuman treatment of the authors in violation of article 7 of the Covenant "(paragraph. 11.10 of the views).

The human rights activist Raman Kisliak, who gives legal advise to the Kavalious, believes that public bodies, including the Ministry of the Interior, should be guided by the norms of the Covenant and take measures to stop the violation of their rights and inform them about the place of burial.

Bear in mind that Uladzislau Kavaliou was accused of assistance to the commitment of the terrorist attack in the Minsk metro and executed by shooting on 15 March 2012.