BELARUS 3.3 BELARUS RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Ratification Status36 ICCPR R Second Optional Protocol to the ICCPR – CRC R Status: retentionist LEGAL FRAMEWORK The Constitution of the Republic of Belarus provides that, until its abolition, the death penalty may be applied in accordance with the law as an exceptional penalty for particularly serious crimes and only in accordance with the verdict of a court of law.37 The Criminal Code provides that the death penalty can be imposed for severe crimes connected with the deliberate deprivation of life with aggravating circumstances.38 The death penalty is envisaged for 14 crimes: acts of aggression, murder of a representative of a foreign state or international organization with the intention to provoke international tension or war, international terrorism, genocide, crimes against the security of humanity, murder with aggravating circumstances, terrorism, terrorist acts, treason that results in loss of life, conspiracy to seize power, sabotage, murder of a police officer, use of weapons of mass destruction, and violations of the laws and customs of war.39 36 37 38 39 R = ratified, S = signed, a dash (–) indicates that the participating State has neither signed nor ratified the relevant instrument. Article 24 of the Constitution of the Republic of Belarus, 27 November 1996. Article 59(1) of the Criminal Code, 9 July 1999. Articles 122(2), 124(2), 126, 127, 128, 139(2), 289(3), 359, 356(2), 367(3), 360(2), 362, 134, and 135(3) of the Criminal Code. 17

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