Information about execution may be received in several months
Human rights defender Valyantsin Stefanovich has commented on Kanavalau and Kavalyou’s sentence and explained their rights and the things they can expect now.
Euroradio: We have decided to discuss the guys’ possible manoeuvres now – it seems that the only thing they can do is to appeal against the sentence. Will they do it or not? How do you think?
Stefanovich: They probably will. The only problem is the fact that the sentence was pronounced by the Supreme Court and it is the highest court of the Republic of Belarus so the sentence cannot be appealed according to the Constitution. The only thing that can be done is sending the appeal to the Belarusian Attorney General because there are no other internal legal instruments.
Euroradio: How much time will they have? When will they be shot according to their sentence?
Stefanovich: The term is not indicated by the law. It may take up to a year although it happened earlier sometimes. For example, Marozau was executed rather quickly - about five or seven months after the trial.
Euroradio: Is the state interested in delaying it? The European Union and international structures may react in a negative way.
Stefanovich: Let me remind you that the two previous sentences were enforced regardless of the defence instruments used. The convicts sent individual appeals. According to the law, the government cannot enforce a sentence until the UN Human Right Committee considers such appeals. Belarus enforced those sentences and neglected its own international commitments. When Belarus was asked why it had been done, the state replied that Belarus lived according to its national laws rather than according to the UN laws. As they say, comment is superfluous.
Euroradio: To sum it up, it is up to the state leader’s mercy. Alyaksandr Lukashenka said that he would decide the guys’ fate personally.
Stefanovich: Virtually, it is true. It depends on him whether the sentence is going to be enforced or not. The guys will spend this time in the condemned cells. They have been transferred to Valadarski Street. The death sentence will be enforced there.
Euroradio: These are one-man cells, right?
Stefanovich: Convicts are kept there. There are not many of them so they are in one-man cells. Sometimes there were two prisoners in one cell when there were more of them. I know that Burdyka had a cellmate there. The cellmate is still waiting for his sentence to be enforced. If the number of people increases, there may be two or three people in one cell.
Euroradio: What rights do people sentenced to death have? Can they receive parcels or are they deprived of all contacts with the outer world?
Stefanovich: According to the general rules of detention centres, they can met relatives and lawyers. They also have the right to receive parcels.
Euroradio: When relatives are informed about the enforcement of the sentence? They cannot get the body...
Stefanovich: They do not get the body and they are not informed about the enforcement of the sentence either. Relatives are usually informed about it later. For example, Zhuk’s relatives received a written note about the execution two or there months later. There was a dash in the column “cause of death”.