Constitutional Court advises the mother of an executed death row convict to appeal to MPs, the Government and President

2014 2014-12-16T01:46:29+0300 2014-12-16T01:46:29+0300 en The Human Rights Center “Viasna” The Human Rights Center “Viasna”
The Human Rights Center “Viasna”

The mother of an executed resident of Homel Aliaksandr Hrunou, has received an answer from the Constitutional Court.

The woman asked the court
to pay attention to legal collisions in the Executive Penal Code, which prohibits the issuing bodies of executed and reporting the place of burial, which contradicts the Constitution of Belarus and the International Covenant on Civil and Political Rights, ratified by the Republic of Belarus. Volha Hrunova statedthat secrecy surrounding the death penalty and the burial sites, as well as the non-issuance of bodies for burial have the effect inherently intimidating or punishing families of the convicts by intentionally leaving them in a state of uncertainty and mental distress.

"This attitude of the state to the family and relatives of the executed
violates Part 3 of Article 25 of the Constitution, which states that "no one shall be subjected to cruel, inhuman treatment. "This entailed a violation of Article 7 of the International Covenant on Civil and Political Rights, which states that "no one shall be subjected to cruel, inhuman treatment," writes the mother of the executed in her appeal to the Constitutional Court.

Volha Hrunova also asked the court to
initiate proceedings for theelimination of contradictions and conflicts fromthe legal acts the light of the guarantees provided by part 3 of Article 25 of the Constitution and Article 7 of the International Covenant on Civil and Political Rights, and take a decision on amending the legislation.

The Constitutional Court reminded the Homel resident that according to the law the right to issue proposals to the court belons to the House of Representatives, the Council of the Republic, President, the Supreme Court and the Council of Ministers.

"In the Republic of Belarus, citizens
have indirect access to constitutional justice - they address their proposals on amending the legislation to the authorities having the right to make such proposals to the Constitutional Court," reads the answer. Thus, Volha Hrunova is proposed to appeal to these state bodies. The woman intends to file such appeals to all aforementioned state agencies in the near future.

Let us remind that recently the Tsentralny District Court of Homel refused to institute civil proceedings against the Homel Regional Court and the Department of Corrections who refuse to report Volha Hrunova about the place of the son's burial. December 13 the woman filed an appeal against the verdict of the district court with the Homel Regional Court.

Earlier, Chairman of the
Homel Regional Court Siarhei Shautsou turned down Volha Hrunova's request to be given the body of her son or informed about the place where he had been burried. The court referred to Article 175 of the Criminal Executive Code, according to which "the death penalty is executed by non-public execution. The body for burial is not issued, the place of burial is not disclosed."

With the help of human rights activists in
Homel resident has taken a strategic litigation aimed at changing both legislation and practice that every time lead to the suffering of parents and relatives of executed death row convicts in Belarus.