Kavalyou executed on day when his lawyer filed supervisory appeal

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.