Press briefing notes on Gaza and Belarus

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva
Subjects: (1) Gaza / death penalty, (2) Belarus
Date: 20 April 2012

(1) Gaza / death penalty

We are seriously concerned that the de facto authorities in Gaza continue to issue death sentences and carry out executions, especially since many of the death sentences are handed down by military courts against civilians. Since the beginning of this year, the de facto authorities have delivered or upheld six death sentences, one of which was delivered in absentia. Three men were hanged earlier this month (on 7 April) and at least one other faces imminent execution by firing squad.

We reject the use of military tribunals to try civilians in Gaza, a practice which seriously undermines fair trial guarantees. Death sentences should never be issued under these circumstances, where the defendant does not receive all the procedural guarantees of a fair trial. Individuals sentenced to death must be guaranteed the right to seek pardon or commutation of the sentence by a competent, independent and impartial tribunal established by law. Information gathered by OHCHR indicates that defendants in Gaza are routinely not granted regular access to their lawyers, and the military courts often rely on confessions made under duress and/or torture. We urge the de facto authorities in Gaza to cease using military tribunals to try civilians.

We also note that due to the current intra-Palestinian political division it is not possible for defendants’ rights to a fair trial to be fulfilled. In particular, the Palestinian Basic Law requires that the President of the Palestinian Authority ratify all death sentences. None of the executions in Gaza has fulfilled this legal requirement. Furthermore, with regard to the death penalty, the de facto authorities’ judicial system applies a completely different set of laws to those under the recognized judicial system in the West Bank.

Under international law, the death penalty is regarded as an extreme form of punishment which should only be imposed for the most serious crimes, after a trial that meets international standards. The High Commissioner has previously urged the de facto authorities in Gaza to impose a moratorium on executions, and we reiterate that call today.

(2) Belarus

Following last week’s welcome release of two opposition leaders from prison in Belarus, we call on Belarusian authorities to begin a process of dialogue with the opposition and to unconditionally release all remaining prisoners who are serving sentences for exercising their fundamental human rights.

Many of these individuals have been imprisoned for their involvement in the events of 19 December 2010, when a mainly peaceful opposition rally in downtown Minsk on the evening of the election day was dispersed by police and security forces. Around 600 opposition supporters, media workers and human rights defenders were arrested, including Andrei Sannikau, one of the candidates in the presidential elections, and his aide Dmitri Bandarenka. More than 40 of these opposition leaders and activists were subsequently sentenced to prison terms. Mr. Sannikau had been sentenced to five years in prison and Mr. Bandarenka to two years, but both were released last week (Saturday, April 14).

We call on the Government of Belarus to unconditionally release all those who remain imprisoned for their peaceful involvement in the events of the 19 December, as well as other human rights defenders, such as Ales Bialiatski and opposition activists like Syarhey Kavalenka.

We also urge the Government to take steps to ensure that human rights defenders and journalists are able to do their work without fear of intimidation or pressure. The UN Human Rights office stands ready to assist the Government in furthering the enjoyment of the civil and political rights of the people of Belarus.

ENDS

For more information or media requests, please contact spokesperson Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org) or press officers Ravina Shamdasani (+ 41 22 917 9310 / rshamdasani@ohchr.org) and Xabier Celaya (+ 41 22 917 9383 / xcelaya@ohchr.org).

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