The trial of the case lasted for more than 1,5 years and took about 20 hearings. The prosecutor immediately requested the maximum penalty – execution by shooting. The Homel Regional Court supported this demand. Hrunou and his lawyer filed an appeal with the Supreme Court.
The defender, referring to the norms of the international legislation and the relevant norms of the national legislation, presented a number of violations, reflected in the case materials, but ignored by the court.
In particular, the lawyer spoke about the violation of the presumption of innocence in relation to his client (Article 26 of the Belarusian Constitution and paragraph 2 of Article 14 of the ICCPR), breach of the principle of equal protection and adversarial proceedings (Article 22 of the Constitution of the Republic of Belarus and art.24 of the CCP) and noted the contradictions associated with psychological and psychiatric examination of Hrunou.
In addition, the lawyer pointed at another thing, which took place immediately after the verdict, and was ignored by everyone: “Even before the sentece of the Judicial Board of the Homel Regional Court entered into force, Hrunou was kept in in solitary confinement on death row in the remand prison of the Main Police Department of the Homel Regional Executive Committee, where he had to wear clothes with the abbreviation “ИМН” (Russian “исключительная мера наказания” (“exceptional penalty” – capital punishment), which means that he was treated as if his fate had already been predetermined…”.
According to the lawyer, there were found some circumstances due to which the sentence could be commuted – Aliaksandr cooperated with the investigation, repented, came to the police with a confession.Hrunou didn’t deny his guilt, but asked to replace the death penalty, so he had the opportunity to repent and pay the moral compensation to Yemialyanchykava’s family. The victim’s side demanded 300 millions in the court.
Human rights defenders: Lukashenko called for the death penalty before the court verdict
The coordinator of the campaign “Human Rights Defenders against the death penalty in Belarus” Andrei Paluda watched the proceedings in Hrunou’s case:”During the whole story of the independent Belarus, President pardoned only one death convict. This explains why the convicted persons often don’t believe in this institution. In Hrunou’s case the situation is further complicated by the fact that Lukashenka personally stated to Kaniuk that he didn’t deserve any pardon, though the Supreme Court hadn’t issued any verdict by that time,” says the human rights defender. “However, we received a persmission from Hrunou to appeal to the Human Rights Committee of the UN on his behalf.”
The representative of the Belarusian Helsinki Committee in Homel, candidate of philosophical sciences Viktar Adzinochanka commented on the verdict, issued by the Supreme Court of Belarus on 8 April.
“I attended the trials over Aliaksandr Hrunou as an observer of the Belarusian Helsinki Committeee. Both the first trial, when he was sentenced to death for the first time, and when he was sentenced again. To my mind, the existence of an article of the Criminal Code which provides death penalty, is abnormal. I am very sorry for the victim, the young girl who was killed by Hrunou. At the same time, I am sorry for Hrunou, who is a man whose life was broken – his father was killed, and he had to live through it, then he had a conflict with his mother’s cohabitant and killed him. He was also registered in a psychiatric clinic. His behavior was clearly inadequate and it was quite noticeable at the trial. I believe that the statement of president Aliaksandr Lukashenka made a very large impact on the court verdict, although the court kept to all formal procedures. Lukashenka blankly and clearly called for the death penalty for Hrunou yet before the beginning of the second trial. If the judge made a different judgement it would have contradicted the position with the position of the state authorities.”
UN Human Rights Committee registered Aliaksandr Hrunou’s appeal
The interests of the convict are represented by an activist of the campaign “Human Rights Defenders against the death penalty in Belarus” Leanid Sudalenka. He received a letter from the HRC that the appeal on behalf of Aliaksandr Hrunou was registered on 8 April, 2014 under the number 2375/2014.
In the near future, the Committee will also inform the Foreign Ministry of Belarus that Mr. Hrunou’s case will be considered at the international level. According to paragraph 92 of the Rules of Procedure of the Committee, the State should not executed the death penalty until the consideration of the appeal on the merits at the UN.
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