The Belarusian authorities make reference to Art.2 of Optional Protocol to International Covenant on Civil and Political Rights according to which a complaint may be processed in the United Nations Human Rights Committee (UNHRC) not until domestic remedies have been entirely exhausted. In particular, the authorities inform the UN of Uladzislau Kavaliou’s appealing a conviction to the Supreme Court of Belarus and his making a petition for pardon addressed to Alexander Lukashenka. Thus, Kavaliou had not exhausted all domestic remedies before turning to the Committee, as it is stated in the letter.
Lyubou Kavaliova says that the UNHRC asked her to comment the current situation not later than March, 2012. «The document containing strong objections to the Government’s position will have been completed by our lawyers as soon as possible,» the mother of the convicted points out.
On November, 30, 2011 the Supreme Court of Belarus found Uladzislau Kavaliou guilty of participation in the terroristic act in Minsk underground and sentenced him to death. He made a petition for pardon addressed to Alexander Lukashenka on December, 7, 2011.
Kavaliou’s mother and sister filed a complaint on breaking his right to life to the UNHRC. It states that outrage on justice was clearly observed in court. Particularly, Kavaliou’s confessionary statements in the process of pretrial investigation were used as judgement proof in spite of being obtained with putting pressure on the accused. On his relatives’ opinion, the judgement did not meet the accepted standards of independence and impartiality. Moreover, according to the women, the judges are sure to have been embraced.
The complaint was officially accepted by the UNHRC on December, 15, 2012. In accordance with the procedure, the Committee asks the Belarusian authorities not to enforce the sentence until the complaint is properly investigated.
25-year-old Dzmitry Kanavalau, the other admittedly guilty person, sentenced to death for organization of the terroristic act in Minsk underground on April, 11, 2011, refused to lodge a petition for pardon.