Death penalty following unfair trial and failure to comply with interim measures

Facts

The authors, Natalya Berezhnaya and Lyudmila Gershankova, submitted the communication on behalf of their sons, Semyon Berezhnoi and Igor Gershankov, both Belarusian nationals. The two men were sentenced to death by the Mogilev Regional Court on 21 July 2017 after being convicted of multiple murders, attempted murder, robbery, and fraud. Their appeals were rejected by the Supreme Court in December 2017, and subsequent requests for supervisory review and presidential pardon were denied. The authors claim that their sons’ trial was unfair and that their convictions were based on self-incriminating statements obtained through torture. They were beaten, threatened, and denied access to legal counsel during interrogations. Mr. Berezhnoi was allegedly told that his common-law wife would be arrested if he did not confess, while Mr. Gershankov signed multiple confessions dictated by police, some of which were not even included in the case file. Despite complaints, the authorities refused to investigate their torture allegations. The authors further argue that the trial was biased and violated the presumption of innocence. Their sons were held in metal cages during proceedings, forced to wear uniforms marked “death row inmate,” and escorted in humiliating positions. Media reports, based on materials released by investigative authorities, depicted them as guilty before the verdict, making it difficult to secure adequate legal representation. On 29 June and 13 July 2018, the Committee issued interim measures, requesting Belarus not to carry out the executions while the case was under review. However, on 29 November 2018, the authors’ counsel informed the Committee that both men had been executed, despite the pending proceedings.

In the present communication, the authors allege violations of articles 6, 7, 9 (1), (2), (3), and (4), 14 (1), (2), (3) (a), (b), (d), (e), (g), and (5) of the Covenant, arguing that the State’s failure to ensure a fair trial led to an arbitrary deprivation of life and that their sons were subjected to psychological suffering and inhuman treatment while on death row.

Admissibility

The Committee declared the communication admissible under articles 6, 9 (3), and 14 (2) of the Covenant, finding that the claims were sufficiently substantiated. However, it dismissed claims under articles 7, 9 (1), (2), (4), and 14 (1), (3) (a), (b), (d), (g), and (5) as insufficiently substantiated and accordingly inadmissible.

Merits

The Committee found violations of articles 6, 9 (3), and 14 (2) of the Covenant. It determined that Berezhnoi and Gershankov were arrested on 26 March 2015 but were not brought before a judge until 9 November 2016, that is, 580 days later, far exceeding the 48-hour limit, constituting a clear violation of article 9 (3). It also found that their presumption of innocence under article 14 (2) was violated, as they were held in metal cages, forced to wear “death row inmate” uniforms, and subjected to humiliating escort procedures, while pre-trial materials released by investigative authorities created public bias against them. Further, since their death sentences resulted from an unfair trial, the Committee held that their executions amounted to an arbitrary deprivation of life, violative of article 6. Additionally, it also found that Belarus committed a serious violation of article 1 of the Optional Protocol by ignoring interim measures and proceeding with the executions despite the ongoing proceedings before the Committee.

Recommendations

The State party should:

• (a) provide adequate compensation to the authors for the loss of their sons and any legal costs incurred;
• (b) prevent similar violations in the future;
• (c) comply with the Committee’s interim measures in the future and respect their obligations under the Optional Protocol.

Implementation

Deadline for implementation: 21 September 2024