Tamara Sialiun's appeal is beyond court jurisdiction
Leninski District Court of Hrodna refused to institute civil proceedings against the Department of Corrections of the Ministry of Interior on appeal of Tamara Sialiun concerning the fact of sending her the prison robe of her son, death row convict Pavel Sialiun, after his execution.
Judge Zhana Krauchanka considered that the appeal of T. Sialiun for recognition actions of the Department as unlawful is beyond the jurisdiction of the Leninski District Court. In its verdict she specified that the appeal needs to be filed to the court where the state body, whose actions are challenged, is situated – i.e. the Minsk District Court.
What concerns the part of the appeal regarding the refusal of the Hrodna Regional Court to provide information about the exact time of the execution and the place of burial of Pavel Sialiun, as well as the non-issuance of his body for burial, the court stated that non-disclosure of such information is regulated by the penal-executive legislation and therefore can not be challenged in civil proceedings.
On the basis of its findings, the Court considered that there was no reason to test the constitutionality of criminal enforcement legislation, namely Art. 175 of the Penal-Executive Code, by the Supreme Court of the Republic of Belarus.
“We are rendering legal aid to Tamara Sialiun within the framework of the campaign “Human Rights Defenders against Death Penalty in Belarus” to help her find about the place of her son's burial. Moreover, we are very indignant to learn that she has been returned the prison robe of her son, not his personal belongings, which violates Part 3 of Article 25 of the Constitution and constitutes inhumane treatment of the relatives of a death row convict. It is safe to say that such a response of the Leninski District Court of Hrodna won't stop us. At present we are working on challenging its verdict and will also seek changes in national legislation and bringing it into line with international norms and standards," points human rights activist Andrei Paluda.
Let us remind that Pavel Sialiun was sentenced to death and executed on April 18, 2014. After that, his mother Tamara Sialiun was sent his prison robe, which he was wearing while waiting to be executed. Moreover, she wasn't informed about the time and place of his burial and wasn't given his body.
February 23, 2014, Tamara Sialiun challenged the actions of the Department of Corrections of the Ministry of Interior and the Hrodna Regional Court to the Leninski District Court of Hrodna.