The Death Penalty in the OSCE Area
2009 that Belarus has been consistently moving towards restricting the imposition of
the death penalty.34
On 23 June 2009, the Parliamentary Assembly of the Council of Europe voted to
restore the Belarusian Parliament’s Special Guest status in the Assembly if and when
the Republic of Belarus declared a moratorium on the death penalty.35 Following
this development, on 29 June 2009, the Chair of the Parliamentary Commission on
National Security of Belarus stated that a working group had been established in the
House of Representatives of the National Assembly to draft a proposal for the introduction of a moratorium.36
The human rights community in Belarus has been very active in promoting the abolition of capital punishment. In January 2009, the Belarusian Human Rights House
initiated the “Human Rights Activists against Death Penalty” campaign, which also
included the preparation by human rights community representatives of a petition to
the authorities calling for the abolition of capital punishment. As of 10 March 2009,
the petition had been signed by 11 major public figures, including the head of the
Belarusian Association of Journalists and a number of authors, musicians, and television and radio hosts, as well as many other private individuals.37
Legal Framework
The Constitution of the Republic of Belarus provides that, until the death penalty is
abolished, it may be applied in accordance with the law as an exceptional penalty for
particularly serious crimes.38 The Criminal Code provides that the death penalty may
be imposed for severe crimes connected with the deliberate deprivation of life with aggravating circumstances.39 The death penalty is envisaged for 12 crimes in peacetime,
with an additional two in times of war.40
34 Country information on Belarus, Hands Off Cain website,
< http://www.handsoffcain.info/bancadati/schedastato.php?idstato=12000076>.
35 PACE granted Special Guest status to the Belarus Parliament in 1992. Due to what was cited as a considerable lack of
progress in terms of democracy, human rights and the rule of law, this status was suspended in 1997, and Belarus’ request
for membership of the Council of Europe was frozen the following year.
36 Response to the ODIHR questionnaire on the death penalty from the OSCE Centre in Minsk, 1 July 2009.
37 “Human Rights Defenders against Capital Punishment: first results of the campaign”, Viasna website, 10 March
2009, < http://spring96.org/en/news/27628/>.
38 Article 24 of the Constitution of the Republic of Belarus, 27 November 1996.
39 Article 59(1) of the Criminal Code, 9 July 1999, amended on 17 July 2006.
40 The death penalty is envisaged for the following crimes: “unleashing or conducting a war of aggression” (Article 122
part 2 of the Criminal Code of Belarus); “murder of a representative of a foreign state or international organization with
the intention to provoke international tension or war” (Art. 124 part 2); “international terrorism” (Art. 126); “genocide”
(Art. 127); “crimes against humanity” (Art. 128); “premeditated, aggravated murder” (Art. 139 part 2); “terrorism” (Art.
289 part 3); “terrorist acts” (Art. 359); “treason accompanied by murder” (Art. 356 part 2); “conspiracy to seize power”
(Art. 357 part 3); “sabotage” (Art. 360 part 2); “murder of a police officer” (Art. 362); “use of weapons of mass destruction”
(Art 134); and “murder of a person in violation of the laws and customs of war” (Art. 135 part 3).
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