United Nations

International Covenant on
Civil and Political Rights

Distr.: General
21 September 2021
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication
No. 3105/2018*, **, ***
Communication submitted by:

Andrei Mikhalenya, also on behalf of his son,
Aleksei Mikhalenya (represented by counsel,
Andrei Poluda)

Alleged victims:

The author and his son

State party:


Date of communication:

30 January 2018 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 1 February 2018 (not issued in
document form)

Date of adoption of Views:

21 July 2021

Subject matter:

Imposition of the death penalty following an
unfair trial

Procedural issue:

Exhaustion of domestic remedies

Substantive issues:

Right to life; torture; cruel, inhuman or
degrading treatment or punishment; liberty and
security of person

Articles of the Covenant:

6 (1)–(2), 7, 9 (1)–(4) and 14 (1)–(2) and (3) (a),
(b), (d), (e) and (g)

Articles of the Optional Protocol:

2 and 5 (2) (b)

The author of the communication is Andrei Mikhalenya, a national of Belarus. The
author’s son, Aleksei Mikhalenya, also a national of Belarus, who was born in 1984, was at
the material time detained on death row awaiting execution. The author claims that the State
party has violated his son’s rights under articles 6 (1)–(2), 7, 9 (1)–(4) and 14 (1)–(2) and (3)
(a), (b), (d), (e) and (g) of the Covenant. He also claims that the State party violated his own

* Adopted by the Committee at its 132nd session (28 June–23 July 2021).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Wafaa Ashraf Moharram Bassim, Yadh Ben Achour, Arif Bulkan,
Mahjoub El Haiba, Furuya Shuichi, Carlos Gómez Martínez, Duncan Laki Muhumuza, Photini
Pazartzis, Hernán Quezada Cabrera, José Manuel Santos Pais, Soh Changrok, Kobauyah Tchamdja
Kpatcha, Hélène Tigroudja and Gentian Zyberi.
*** An individual opinion by Committee members Yadh Ben Achour and Hélène Tigroudja (concurring)
is annexed to the present Views.


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