"The existence of the death penalty is always a litmus test of the human rights situation"

Viasna spoke with Andrei Paluda, coordinator of the Human Rights Defenders against the Death Penalty in Belarus campaign, about the referendum that happened 30 years ago and the "will of the people", about the case of Rico Krieger and the pardoned Kostseu brothers, and about "acts of humanism".

In August this year, the Committee on the Rights of People with Disabilities heard the report of the Belarusian authorities on the implementation of the Convention on the Rights of People with Disabilities. The committee members drew attention to the existence of the death penalty in Belarus. To which the Permanent Representative of Belarus in Geneva, Larysa Belskaya, appealed to the 1996 referendum, where the majority of Belarusians voted in favor of retaining the death penalty. She argued that it was the will of the people. Why do the Belarusian authorities continue to appeal to this referendum, which was held almost 30 years ago?

"Yes, indeed, it was November 1996. It is important to say: indeed, 30 years have passed. The people who made the decision in the referendum (although it was not mandatory, it was to a certain extent a sociological survey) — a lot of these people no longer live, and new people have appeared, and no one asks them what their attitude is to the issue of the death penalty.

Recently, we had an event with a screening of the film The Life of David Gale and there was a discussion — people there told us that after watching such films, of course, you oppose the death penalty.

Madam, who is the representative of Belarus to the UN, uses manipulation to a certain extent here, because for some reason the authorities say that the issue of the death penalty should be resolved in a referendum, while the authorities do not ask the people a lot of other questions.

No one asked whether or not to pardon Rico Krieger. And I am sure that people would not have taken to the streets with posters and demanded to 'bring back the death penalty.' No. And I often cite the case of the Kostseu brothers as an example. We were at their trial and saw that getting into this courthouse in the city of Čerykaŭ, Mahilioŭ region was impossible because so many people wanted to be present at the sentencing. And how they rejoiced when this sentence was passed. When the judge read out the verdict, he was interrupted by applause, shouts, and giggles. And after we conducted a public campaign that drew attention to this case, we asked, demanded, and appealed to various authorities: 'Please, let's do everything possible so that the Kostseu brothers are not deprived of their lives.' The Kostseu brothers were pardoned. And how many people, including those who stood in court, clapped their hands, went to the monument to Lenin in the city of Čerykau with posters demanding 'bring back the death penalty'? I checked it. I was told that such a thing did not happen. Not a single person came.

And the same situation, I am sure, would have happened if a moratorium had been introduced as the first step towards the abolition of the death penalty. I'm sure no one would have taken to the streets and demanded the death penalty. Moreover, statistics and international sociological research show that if the death penalty is abolished, then people's opinion follows the decision made. The number of people advocating the death penalty decreases if such a decision is made through political will. So if you say: 'It is necessary to hold a referendum,' I confidently say: 'No.'"

You mentioned two cases: the Kostseu brothers and Rico Krieger. A pardon is legally called an "act of humanity." Maybe, the situation with the Kostseu brothers was an act of humanity, both legally and factually. But as for Rico Krieger's case, legally it is also an "act of humanity", but factually: was it?

"Indeed, the pardon itself is procedurally an act of humanity and mercy. And legally, our legislation stipulates that the decision on legislation is made by the president of the country. And it is also worth saying that Rico Krieger's case (and not only, by the way, this case) showed that here we need to separate this procedural "act of humanity" from a factual "act of humanity". Because we understand that mercy is shown to those people who have committed, for example, a crime. Let me remind you that if an act of pardon occurs after the death penalty, then the punishment is replaced with life imprisonment. It's not like the Kostseu brothers went back to their hometown and lived there quietly. 

There are a lot of different unexplained circumstances in Rico Krieger's case. It was a high profile case, above all, because he is a foreign citizen. The fact that he was exchanged, the fact that he was convicted under a changed legislation. That is, there were a lot of things that happened for the first time. And there were no victims, even if he did something. There are many questions here, and here we can just say: 'Was this a factual act of humanity, not a procedural one?'

This case is also quite interesting and important for understanding that for the first time the death penalty was so clearly used as a political tool. They passed a death sentence in June. In July, literally a month and a couple of days after, he was pardoned and handed over. During this month they escalated the situation very actively: 'We are ready to talk, let's exchange', that is, they raised the stakes.

Personally, I am very glad and pleased that Krieger was pardoned and released (exchanged). After all, the situation is absolutely unpredictable: anything could have happened, they could have shot him — it could have happened."

As for the execution of death sentences, there was a rather sad symbolism, because they executed the death sentence in the center of Minsk, with cafes, museums, and churches around... It happened in pre-trial detention center-1, at Valadarka prison. Now pre-trial detention center-1 was moved to the Minsk district. Is it known where the death sentences will be executed now?

"We do not have precise information about where the death sentences will be carried out now. When we talk about this building or several buildings of the pre-trial detention center in Kalodziščy, it had been built for a very long time, and I remember that there were talks that special places for the execution of sentences would also be constructed there."

In addition

The changes in legislation that were introduced in 2022 and 2023 work to a certain extent. Fortunately, the result of Rico Krieger's case was not the execution of a death sentence. We will hope that the problem of the death penalty (and the existence of the death penalty is always a litmus test of human rights in Belarus, among others) will be raised and discussed, and we will try to change the situation because it is very important. It is important for our entire society and each of us.