Why aren't bodies of death convicts issued to their relatives?
The
mother of Uladzislau Kavaliou, sentenced to death for the bombing in
the Minsk subway, seeks to be given out her son's body.
According
to the fifth paragraph of Article 175 of the Penal Code of Belarus,
"the body of an executed death convict is not issued, the place
of burial is not disclosed".
Where did the norm come from
and what is its meaning?
"This rule has existed since
Soviet times", says human rights activist and former judge Harry
Pahaniaila. "The body is not given to relatives for burial. They
are buried by aspecial team. The place of burial is not
indicated.
They say that this is done in order to avoid the
possible desecration of the graves of those who have made grave
crimes.
On the other hand, it is also said that the bodies are
not issue to prevent the honoring of the graves of exceptional
criminals, so as not to hurt their victims.
The UN Committee
on Human Rights treats this procedure as inhumane treatment of
relatives.
What concerns Liubou Kavaliova, I advised her to go
to court, using out legislation on the right to the corpse, and
international laws, including the decision of the UN Committee on
Human Rights on her complaint, in which non-issuance of a corpse is
considered to be a violation of the Covenant on Civil and Political
Rights. However, she didn't follow my advice and is trying to involve
the public in order to get the Belarusian authorities give out the
body or disclose the place where her son was buried."
Belarus
is the only country in Europe where the death penalty is still used.
However, a law prohibiting the issue of the bodies of terrorists,
killed during military operations, to their relatives, has been in
action in Russian since 2002. It is also prohibited to tell about the
places of their burial. It is worth recalling that the body of the
leader of "Al Qaeda" Osama bin Laden, who was killed in
2011 by an American anti-terrorist group, was not issued to his
relatives and buried at sea.