The abolition of the death penalty and its alternative sanction in Eastern Europe: Belarus, Russia and Ukraine www.penalreform.org The abolition of the death penalty and its alternative sanction in Eastern Europe: Belarus, Russia and Ukraine 1 Contents Acknowledgments 2 Acronyms 3 Introduction 4 Research methodology 5 Executive summary 6 Country-by-country analysis Republic of Belarus 8 Russian Federation 26 Ukraine 40 Comparison of the application and implementation of the death penalty and its alternative sanction in Eastern Europe 51 2 Penal Reform International Acknowledgements This research paper has been created by Penal Reform International (PRI). It was written by Viktoria Sergeyeva and Alla Pokras, and edited by Jacqueline Macalesher. This report is based on national research papers prepared by Irina Kuchvalskaya and Vladimir Khomich (Belarus), Oleg Lysyagin (Russia) and Irina Yakovets (Ukraine). This research paper has been produced in conjunction with Penal Reform International’s project “Progressive Abolition of the Death Penalty and Alternatives that Respect International Human Rights Standards” with the financial assistance of the European Union under the European Instrument for Democracy and Human Rights (EIDHR) as well as the financial assistance of the Government of the United Kingdom (Department for International Development). The contents of this document are the sole responsibility of Penal Reform International and can in no circumstances be regarded as reflecting the position of the European Union or the Government of the United Kingdom. The abolition of the death penalty and its alternative sanction in Eastern Europe: Belarus, Russia and Ukraine 3 Acronyms CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CPT European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment CRC Convention on the Rights of the Child ECHR European Convention for the Protection of Human Rights and Fundamental Freedoms EIDHR European Instrument for Democracy and Human Rights EU European Union FSIN Federal Service of Execution of Punishments of Russia GA General Assembly ICCPR International Covenant on Civil and Political Rights NGO Non-Governmental Organisation NPM National Preventive Mechanism ODIHR Office for Democratic Institutions and Human Rights OPCAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment OSCE Organization for Security and Cooperation in Europe PACE Parliamentary Assembly for the Council of Europe PED Department of Execution of Punishments of the Belarusian Ministry of Internal Affairs PRI Penal Reform International POC Public Oversight Commission (Russia) SPS State Penitentiary Service (Ukraine) TB Tuberculosis UK United Kingdom UN United Nations UPR Universal Periodic Review USA United States of America 4 Penal Reform International Introduction The death penalty is the ultimate cruel, inhuman and This paper takes a country-by-country approach and degrading punishment. It represents an unacceptable focuses on: denial of human dignity and integrity. It is irrevocable, and where criminal justice systems are open to error DD The legal framework of the death penalty and its or discrimination, the death penalty will inevitably be alternative sanction (life imprisonment). inflicted on the innocent. In many countries that retain the death penalty there is a wide scope of application DD Implementation of both sentences, including which does not meet the minimum safeguards, information on fair trial standards. and prisoners on death row are often detained in conditions which cause physical and/or mental DD Application of the sentence, including an analysis suffering. of the method of execution, the prison regime and conditions of imprisonment. The challenges within the criminal justice system do not end with the institution of a moratorium or with DD Statistical information on the application of the abolition. Many countries that institute moratoria death penalty/life imprisonment. do not create humane conditions for prisoners held indefinitely on ‘death row’, or substitute alternative DD Criminal justice reform processes in general. sanctions that amount to torture or cruel, inhuman or degrading punishment, such as life imprisonment This paper provides detailed and practical without the possibility of parole, solitary confinement recommendations tailored to each country to bring it for long and indeterminate periods of time, and in line with international human rights standards and inadequate basic physical or medical provisions. norms. Punitive conditions of detention and less favourable treatment are prevalent for reprieved death row We hope this research paper will assist advocacy prisoners. Such practices fall outside international efforts towards abolition of the death penalty and minimum standards, including those established the implementation of humane alternative sanctions under the EU Guidelines on the Death Penalty. in the region. We hope this paper will be of use to researchers, academics, members of the international This research paper focuses on the application of and donor community, and all other stakeholders the death penalty and its alternative sanction in involved in penal reform processes including three countries of Eastern Europe: the Republic of government officials, parliamentarians, prison officials Belarus, the Russian Federation and Ukraine. Its and members of the judiciary. aim is to provide up-to-date information about the laws and practices relating to the application of the March 2012 death penalty in this region, including an analysis of the alternative sanctions to the death penalty and whether they reflect international human rights standards and norms. The abolition of the death penalty and its alternative sanction in Eastern Europe: Belarus, Russia and Ukraine 5 Research methodology Access to information on the application of the death penalty and its alternative sanction is often unavailable or inaccurate in many countries. Statistical information is not always made available by state bodies, and information provided is not always timely, or lacks clarity. Across the Eastern European region in particular, such information is often classified as a state secret. As such, although PRI aimed to undertake an in-depth analysis of legal, policy and practice areas within the remit of this research paper, access to some information was beyond the abilities of the researchers, and therefore gaps in the research remain. A research questionnaire was designed in late 2010 to assist researchers in identifying relevant information. The research questionnaire was designed by PRI in partnership with Sandra Babcock (Northwestern University, USA) and Dirk van Zyl Smit (Nottingham University, UK). The researchers looked at primary sources, such as legislation and case law, as well as interviewed relevant government officials within the various departments of the Ministries of the Interior, the Ministries of Justice, Constitutional Councils, and the Penitentiary Services, as well as with national human rights commissions/Ombudsmen, lawyers and judges, journalists, and members of civil society/ human rights defenders in all three countries, and with a cross-section of death row and life sentenced prisoners where access was made available. The researchers also turned to reports by individuals or organisations with first-hand experience, such as by inter-governmental organisations including reports by UN treaty bodies, the OSCE and Council of Europe, as well as reports by international NGOs such as Human Rights Watch, Amnesty International, Death Penalty Worldwide and the World Coalition against the Death Penalty. Reports and articles by journalists and academics were also analysed. The research was completed in January 2012. 6 Penal Reform International Executive Summary The Eastern European region presents a unique its introduction, and a further 156 death sentences picture of a region in various stages of the abolition have been commuted to life imprisonment. Life process: Ukraine has abolished the death penalty imprisonment does not have a maximum tariff for all crimes in law, Russia is abolitionist in practice, however that sentence may be substituted for and Belarus continues to carry out executions. a definite term of imprisonment after serving a While Belarus and Russia are the last two countries minimum of 20 years in prison. To date no lifers have in Europe to abolish the death penalty in law, it is been paroled since life imprisonment has only been in important to note that both of their constitutions place for the last fifteen years. emphasise the exceptional and temporary nature of this punishment. While Russia retains the death penalty in its Criminal Code for five offences, an official moratorium on both Belarus is the only country in Europe that continues sentencing and executions has been in place since to execute. The last executions took place in March February 1999, when the Constitutional Court found 2012. The death penalty is retained for 14 criminal that the death penalty would be unconstitutional until offences (12 in time of peace and two in time of war). jury-trials were established in all 89 regions of the However, since 1989, it has almost always been Russian Federation. The moratorium was extended applied for aggravated murder. According to the by the State Duma in 2006 until 2010. Chechnya was Ministry of Internal Affairs, between