CCPR/C/132/D/3105/2018 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: Belarus 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) 1.1 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. GE.21-13312(E)

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