THE DEATH PENALTY IN THE OSCE AREA
Moratorium
No moratorium on executions is in place. In 2000, the Parliamentary
Assembly of the Council of Europe issued a recommendation in which it stated that
it “condemns in the strongest possible terms the executions in Belarus and
deplores the fact that Belarus is currently the only country in Europe where the
death penalty is enforced and, moreover, is regularly and widely enforced.”40 The
Parliamentary Assembly urged the Belarusian authorities to declare an immediate
moratorium on executions and set in motion the legislative procedure for the abolition of capital punishment.
On 30 May 2002, the House of Representatives of the National Assembly
(lower house of parliament) held hearings on the issue of the death penalty. It was
widely reported that the majority of the parliamentarians opposed the abolition of
the death penalty or the introduction of a moratorium.41
On 11 March 2004, the Constitutional Court concluded its assessment of the
compliance of the death-penalty provisions in the Criminal Code with the
Constitution, following a request from the House of Representatives of the National
Assembly. The Court found a number of provisions of the Criminal Code to be
inconsistent with the Constitution and thus provided for the possibility of either the
abolition of the death penalty or the imposition of a moratorium on executions as
the first step towards full abolition. The Court recalled that such measures may be
enacted by the head of state and the National Assembly.
During his visit to Belarus in June 2004, the OSCE Chairman-in-Office
encouraged Belarus to introduce a moratorium on the death penalty as a first step
towards abolition.42
Method
Shooting43
40
41
42
43
Recommendation 1441, Parliamentary Assembly of the Council of Europe, 26 January 2000.
“Belarusian Parliament fails to abolish death penalty”, Belorusskaya gazeta, Minsk, 3 June 2002.
“OSCE Chairman-in-Office discusses implementation of OSCE standards and commitments with
Belarusian leadership”, OSCE press release, 9 June 2004,
http://www.osce.org/news/show_news.php?id=4135.
Article 59(1), Criminal Code.
18
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