Kavalyou executed on day when his lawyer filed supervisory appeal
Before this, the lawyer wasn't admitted to the detention center, with no explanations. He wanted to finish the appeal together with the convict.
Euroradio has found out from Lyubou Kavalyova that Uladzislau Kavalyou's lawyer of defense filed the supervisory appeal to the Supreme Court on March 15. The death certificate states that Kavalyou died on that very day.
"The lawyer filed the
supervisory appeal on March 15. The appeal contained short description of the
circumstances of the law violation. It was also stated in it that the main
supervisory appeal will be presented after the meeting with Uladzislau Kavalyou
and coordination of the appeal's claims with him. In this appeal, the lawyer
asked to cancel the sentence and to send the case to the court for
reconsideration, and to suspend execution of the sentence", —
says Uladzislau Kavalyou's mother.
On March 16, Euroradio sent an enquiry to the Supreme Court on whether Kavalyou
or his lawyer filed any appeals.
The Supreme Court did not inform that the appeal had been received in their
response dated March 20. It is only stated in the letter that on February 14,
2012 the court considered Kavalyou's supervisory appeal which he filed on
December 7, 2011.
The court refers to Article 175 of the Criminal Procedural Code:
"The order of death sentence execution: 1. The death sentence which came
into legal force is executed after receipt of an official notification about
denial of appeals, filed in accordance with the supervisory order, and the
appeal for pardon".
On March 15, the lawyer files the supervisory appeal. Kavalyou gets shot on
that very day! The Supreme Court responds to Euroradio that they know nothing
about receipt of the lawyer's appeal. Meanwhile, the law allows execution of
sentence after the notification on denial of appeals is received.
Moreover, Euroradio has found out that the lawyer tried to visit Kavalyou two
days before the execution, and on the eve of the execution, in order to finish
this very supervisory appeal. However, each time he was denied.
"We signed an agreement
with the lawyer on March 12, it is necessary to sign an agreement in order to
file a supervisory appeal. On March 13, the lawyer went to see Uladzislau in
order to compose the main supervisory appeal but he was not admitted with no
explanations whatsoever", — Lyubou Kavalyova says. On March
14, they did not let the lawyer in again, also with no explanations. In the
morning on March 15, they told that Kavalyou had been sent somewhere via prison
transportation.
Besides, the same article No. 175 says that death convicts have a right to meet
with a lawyer:
"After the sentence comes into force, death convicts have a right: to meet
with lawyers of other persons who have a right to render legal services,
without any limitations with regard to their time duration or quantity".
According to Lyubou Kavalyova, Uladzislau Kavalyou informed in his first appeal
to the Supreme Court that he would file the main supervisory appeal and asked
not to execute the sentence until then.
Lawyer Tamara Sidarenka also wonders why the sentence was executed so hastily.
"Everything in this case
is not logical. They are trying two say that two months passed since the
sentence was pronounced. There had been longer terms before the sentences were
executed, up to a year, even after pardon refusals. And here, it is very
difficult to explain such haste normally".
Euroradio has compiled the chronicle of the execution and the events which
preceded it.
March 11, Sunday: Lyubou Kavalyouva gets an unexpected
meeting with her son.
March 12, Monday: Lyubou Kavalyouva signs an agreement for filing a supervisory appeal with Stanislau Abrazei.
March 13, Tuesday: The lawyer is not admitted to the KGB detention center without any explanations.
March 14, morning, Wednesday: The lawyer is not admitted to the KGB detention center again.
March 14, evening, Wednesday: BT informs that Kavalyou's pardon appeal is declined.
March 15, morning, Thursday: The lawyer is told in the detention center that Kavalyou has been sent somewhere via prison transportation.
March 15 сакавіка, daytime, Thursday: The lawyer files a supervisory appeal asking not to execute the sentence to the Supreme Court.
March 16, Friday: The Supreme Court's letter informs about the execution of the sentence, the letter reaches Vitsebsk only on Saturday, March 17. Later it became known that the official date of Kavalyou's death - March 15, 2012.
