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Procedura : 2012/2539(RSP)
Ciclo di vita in Aula
Ciclo del documento : B7-0076/2012

Testi presentati :

B7-0076/2012

Discussioni :

PV 16/02/2012 - 13.1
CRE 16/02/2012 - 13.1

Votazioni :

PV 16/02/2012 - 14.1

Testi approvati :

P7_TA(2012)0063

MOTION FOR A RESOLUTION
PDF 119kDOC 70k
See also joint motion for a resolution RC-B7-0075/2012
14.2.2012
PE483.135v01-00
 
B7-0076/2012

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law

pursuant to Rule 122 of the Rules of Procedure


on the Death penalty in Belarus, in particular the case of Dzmitry Kanavalau and Uladzislau Kavalyou


Charles Tannock, Ryszard Antoni Legutko, Tomasz Piotr Poręba, Ryszard Czarnecki, Paweł Robert Kowal, Marek Henryk Migalski on behalf of the ECR Group
NB: This motion for a resolution is available in the original language only.

European Parliament resolution on the Death penalty in Belarus, in particular the case of Dzmitry Kanavalau and Uladzislau Kavalyou  
B7‑0076/2012

The European Parliament,

- having regard to its previous resolutions on the situation in Belarus,

–  having regard to the Council conclusions on Belarus adopted at the 3065th Foreign Affairs Council meeting in Brussels on 31 January 2011,

–  having regard to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), to which Belarus is a state party,

–  having regard to the UN Standard Minimum Rules for the Treatment of Prisoners,

- having regard to the Amnesty International, Urgent action: Opposition activist tortured in detention, 23 December 2010,

- having regard to 7/2/2012 letter from its Subcommittee on Human Rights to President Lukashenka,

- having regard to Rule 122 of its Rules of Procedure,

 

A. whereas in Belarus under the Lukashenka regime there is insufficient confidence in the rule of law, the independence of the judiciary, and the judicial processes clearly do not meet internationally recognised standards;

B. whereas the death penalty is used at times as a method of intimidation of political and opposition activists in Belarus;

C. whereas Belarus remains the only country in Europe which still applies the death penalty and carries out executions;

D. whereas according to international law and the Constitution of the Republic of Belarus, everyone has the right of appeal to a higher court; whereas recent death penalty cases in Belarus were only examined by the Supreme Court, which left those convicted with no higher judicial authority to appeal to;

E. whereas in accordance with article 14, section 1 of the International Covenant on Civil and Political Rights, ratified by the Republic of Belarus, "everyone has the right to a fair and public hearing by a competent, independent and impartial tribunal".

F. whereas there is evidence that the Belarusian security authorities are torturing people to force them to confess their alleged crimes against the state;

G. whereas on 30 November 2011 Dzmitry Kanavalau and Uladzislau Kavalyou were sentenced to death by the Supreme Court of the Republic of Belarus; whereas Dzmitry Kanavalau was convicted of organizing the terrorist attack in 2005 in Vitebsk, in 2008 in Minsk and in the Minsk metro station in April 2011 and Uladzislau Kavalyou was convicted as an accomplice;

 

H. whereas according to Belarusian and international human rights organizations reports as well as from victims of the attack and independent journalists the trial was found to be unfair and lacking of hard evidence of guilt of both men; whereas the investigation was marred by serious procedural violations and human rights mistreatments such as seven-hour interrogation without the presence of a lawyer, life threatening statements were made and torture allegedly used during the interrogations; whereas important evidence indicating the innocence of Mr Kanavalau and Mr Kavalyou was disregarded;

I. whereas President Alyaksandr Lukashenka declared that the two men had confessed to the attack before they were even interrogated, thus violating both men’s right to the presumption of innocence,

J. whereas immediately after the announcement of the decision of the Supreme Court all the important evidence used during the trial was destroyed;

K. whereas the execution of Dzmitry Kanavalau and Uladzislau Kavalyou may take place at any time without warning and any notice;

L. whereas due to the lack of public information in Belarus, families learn about the execution even a few weeks after, and the relatives are deprived of any opportunities to participate in the funeral and often have no knowledge where the body is buried;

M. whereas the Belarusian authorities signed the Prague Declaration of the Eastern Partnership Summit, in which they have committed themselves to "the principles of international law and to fundamental values, including democracy, the rule of law and the respect for human rights and fundamental freedoms.

 

1. Strongly condemns the death sentence imposed by the Supreme Court of Belarus on Dzmitry Kanavalau and Uladzislau Kavalyou and calls on President Lukashenka to grant clemency to both men;

2. Calls on the Belarusian authorities to review the imposition of the death penalty on Dzmitry Kanavalau and Uladzislau Kavalyou;

3. Urges the Belarusian authorities to conduct a fair retrial of both men which complies with internationally recognised legal standards;

4. Express its serious concerns about the allegations that torture and other ill-treatment were used to obtain forced confessions from the convicted men; urges the Belarusian authorities to immediately cease the use of torture in all investigations;

5. Calls on the Belarusian authorities to open an investigation into the conditions under which Dzmitry Kanavalau and Uladzislau Kavalyou made their confessions and to investigate the accusation that both men were torture or ill-treated;

6. Condemns the terrorist attack in the Minsk metro station in April 2011 as well as all acts of terrorism; hopes for the truth behind this tragedy to emerge and calls for justice to all the victims;

7. Calls on the Belarusian authorities to ensure respect for human rights and fundamental freedoms, in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by Belarus;

8. Strongly stresses that any dialogue with the Belarusian regime is possible only if its authorities will fulfil their constitutional and international obligations on the rule of law, human rights and democracy;

9. Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the parliaments and governments of the Member States, the Parliamentary Assemblies of the OSCE and the Council of Europe and the Parliament and Government of Belarus

 

Ultimo aggiornamento: 14 febbraio 2012Avviso legale